HomeMy WebLinkAboutKIN 92 081 Airport Agree-Sieber
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-81
BY-LAW TO AUTHORIZE THE SIGNING OF AN EASEMENT AGREEMENT
WITH HELMUT JOHANN SIEBER
WHEREAS the Council for The Corporation of the
Kincardine deems it advisable to enter into an
agreement to control height of structures immediately
runway OS/23;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
Town of
easement
south of
1. That The Corporation of the Town of Kincardine enter into
an easement agreement with Helmut Johann Sieber who shall
grant easement over part of his lands in favour of The
Corporation of the Town of Kincardine and The corporation
of the Township of Kincardine.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Helmut Johann Sieber which is attached
to this by-law and to affix the Town's Corporate seal as
and when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Sieber Agreement
By-law" .
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 18th
day of September, 1992.
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Mayor
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THIS AGREEMENT MADE this
day of September, 1992.
BBTWBEN:
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'1'IIB CORPORATION OF THB TOWN OF
KJ:NCARDJ:NB and '1'IIB CORPORATJ:ON
OF '1'IIB TOWNSHJ:P OF KJ:NCARDJ:NB
Hereinafter called "the Owners"
OF THE FIRST PART
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HELMUT JOHANN SJ:BBBR
Hereinafter called "Sieber"
OF THE SECOND PART
WHEREAS the Owners own an airport known as "Kincardine Town and
Township Airport" on the lands described in Schedule "A" attached
hereto (hereinafter called the "Airport Lands") which airport is
managed and operated by the Kincardine Town and Township Airport
Committee (the "Airport Committee");
AND WHEREAS the OWners have agreed to reconstruct Runway OS/23 as
a result of an agreement reached between the Owners and Bruce
Energy Centre Limited;
AND WHEREAS Helmut Johann Sieber (herein "Sieber") is the
registered owner of certain lands being part of Lots 29 and 30,
Concession "A", in the Township of Kincardine, in the County of
Bruce which lands abut the Airport Lands to the west:
AND WHEREAS Hans Trapp Dries (herein "Dries") is the registered
owner, in trust, of certain lands being part of Lot 28 and 29,
Concession "A", in the Township of Kincardine, in the County of
Bruce which lands abut the Airport Lands to the east:
AND WHEREAS Clarence Ackert and Shirley Ackert (herein the
"Ackerts") are the registered owners of certain lands being part
of Lot 26, Concession "A", in the Township of Kincardine, in the
County of Bruce, which lands abut the Airport Lands to the ....., $0'-1+\"',
AND WHEREAS Sieber has agreed to grant an easement over part of
their lands in favour of the Owners:
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of
the mutual covenants and agreements herein contained and in
consideration of the sum of Two Dollars ($2.00) of lawful money
of Canada now paid by the Owners the other party hereto, the
receipt whereof is hereby acknowledged by the other party, the
parties hereto covenant, promise and agree with each other as
follows:
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Subject to the provisions of this Agreement, the OWners
agree to design and reconstruct Runway OS/23 on the Airport
Lands which runway shall include the works and shall be in
accordance with the engineering design criteria and
specifications set out in Schedule "B" hereto (hereinafter
called the "Project").
2. Sieber agrees to convey to the Owners free from all
mortgages, liens and encumbrances an easement in perpetuity
in favour of the Owners. The location of the lands to be
subject to the easement is outlined on Schedule "C" attached
hereto and the easement shall be on such terms and
conditions and shall contain such restrictive covenants as
required by the Owners provided that the easement shall be
limited to the purpose of enabling the OWners to control the
height of structures, bush, trees, undergrowth and other
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obstacles as much as necessary in order for the OWners to
obtain a certificate of Runway OS/23 by Transport Canada as
a Code 2B runway.
3. This Agreement is conditional upon and shall not be binding
until the following Agreements heve been entered into:
( a) an agreement between Bruce Energy Centre Limited and
the Owners to reconstruct Runway OS/23;
(b) an agreement between Dries and the OWners whereby Dries
agrees to convey part of his lands to the OWners in
exchange for the OWners conveying part of the Airport
lands to Dries: and
(c) an agreement between the Ackerts and the Owners whereby
the Ackerts agree to grant an easement over part of
their lands in favour of the Owners.
The lands referred to herein are as set out in the sketch
attached to this Agreement as Schedule "Co.
4. This Agreement shall enure to the benefit of and shall be
binding upon the respective heirs, successors and assigns of
each of the parties hereto.
J:N WJ:TNBSS WHBRBOF the Party of the First Part hereto has
hereunto affixed its corporate seal attested by the hands of its
respective officers duly authorized in that behalf and the Party
of the Second Part has hereunto set his hand and seal.
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SJ:GNBD, SEALBD AND DBLJ:VBRBD )
in the presence of )
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THE CORPORATION OF THE TOWN
OF~
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Mayor
E CORPORATION OF THE
TOWNSH~1:
Per:
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Per
126: 126328100310.1... agreement. town..leber
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scmmULE 'A'
1\1,1, 1\ND SINGUL1\fl that certain parcel or tract of land and
premises situate, lying and being in the 'l'ownship of
Kincardine, in the County of Bruce and Province of ontario and
being composeq of part of Lot 27, Concession "A" ó~ Lake ~ange
and morè particularly describ~d as follow;;
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B~:l\TnNG HEREIN are astronomic and are derived from deposit plan
Number 425:
COMMENCING at a point in the southerly limit of said lot 17.
concession "1\" distant 10 feet measured north 61 degrees 31
minutes 40 seconds west therealong from the southeasterly
corner thereof:
TlmNCE North 29 degrees 11 minutes 00 seconds East along the
wesl:erly limit of the Kings Highway Number 21 as shown on the
said Deposit Plan Number 425 a distance of 636.04 feet more or
less to a point thereon dis~ant 20 feet measured south 29 d~grees
11 minutes West therealong from the northerly limit of said Lot 27;
'I'lmNCE North 61 degrees 8 minutes 00 seconds West and parallel
to the said northerly limit of Lot 27 a disl:ance of 200.0 feel:;
TIIENCE Sou~h 29 degrees 11 minutes 00 seconds West and parallel
to the said wes terly limi t of the l<i ngs Highway Number 21 a
distance of 387.42 feet;
TIIENCE North 61 degrees 31 minutes 40 seconds West and parallel
to the southerly limit of said Lot 27 a distance of 4.749.98
feet;
'l'HßNCI!: south 29 degrees 11 minutes 00 seconds West and parallel
\:0 the said westerly limit of the Kings Highway Number 21 ô
distance of 250 feet to the said southerly limit of Lot 27;
TIIßNCE South
said soul:herly
or less to the
61 degrees 31 minutes 40 seconds East along Lhe
limit of Lot 27 a distance of 4,950.00 feet more
point of commencement.
ßEÇQNDLY
1\1,1, 1\ND SINGUl,1\R that certain parcel or tract of land and
premises situate, lying and being in the Township of
Kincardine, in the County of Druce and Province of ontario alld
being composed of part of Lot 27, in Concession "A" and being
Part 2 011 Reference Plan 3R-438 deposited in the Registry
Office for the ~egistry Division of Bruce No. 3 on the 16th
day of September 1973 and parts 3 and 4 on said Reference Plan
3~-4 38, said Parts 3 and 4 being part of 1Jot 28 in Concession
"1\", Lake Range, 'rownship of Kincardine, Bruce Coun ty.
11l1BDLY
1\1,1, 1\ND SINGU1,1\fl that certain parcel or tract of land ¿¡nd
, . .".,premises situate, lying and being in the 'rownship of
. I<incardine, in the County of Brucé and Province of ontario and
being composed of part of IJots 20 and 29, in Concession "1\" and
beingrarts 5, 6 and 8 on aeferellcePlan 3fl-430,deposited jl1
the. ',flegisl:i:y ,Office for the flegistry Divisi.on of Bruce No . 3
òn ,1:1113 16th day of 'Sepl:elOber, 1972, sald Part 5 ÓI1 fleference
Plan 3~~438 being composed of part of Lot 20, concessioll "1\"
only and said· Parts 6 and 0 on Reference Plan 3R-'-430 being
composed of pat·t of I,ot 29, Concession "1\" only.
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1\1.(, 1\ND SINGU\.1\I{ tlla\; certain parcel or tract or: :! <:111<J Bnd
premi,ses situate, lying and being in the 'l'owlIsldp of
l<ll,)carcline, in the County of Brnce and Province of olltad.o (llId
be.Lng composed of part of Lot 29, COllcession "1\" and being Part
~ .011, Reference PIa,)} ~R~"3[ , deposited in the Registry OUice
for the Registry D1VIS.LOn of Brllce No. 3 on the 16L1) day of
September, 1973.
Elf'l'ID,y
1\1,1, ,1\NO SINGlJl.1\11. that certain parcel or tract of land alld
pl:ellll~e~. si~lIate, lyillg and heing in the '!'owllship of
(<J l,ICard.Llle, ),n LI~e coullty of Bruce and Province of olltario and
1>,:-.I:I~g compos~d ot p~rl: of l.ot ~o, concession "1\" desjgnllLed as
[,<H.t. 1. 011 ~eferellc;:e·P]an depoSlted in the Land negistry office
l.oJ. Lho neg,J.stry IHvision of Bruce No, 3 us 3H-3613.
,'UXT!!L.I
1\J.J. 1\NO SINGUI.1\fl Ul1lt certain parcel or tract of lUlld alld
p~-ell1ise~ situate, lying and bei n9 in the ']'ownsh.i p of
J<ll,lCardlne, in the COllnty of Bruce anù p¡:ovi nce of OnLad () ¡¡lid
l:ej:l~g cOluposed of part of Lot 26, concession "1\", designoted os
I oJ. ~s 1, 2, ~, " and 5 on Reference Plan deposited in 1:1113 J.éllld
Reglstry Off.tce for the Registry Division of Bruce No 3 as
3fl-3003. '
SEVENTHLY
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Township of Kincardine. in the
County of bruce and Province of Ontario, and being cogposed of that
part of Lot Number Twenty-Seven (27) in Concession "AM of the said
Township of Kincardine more particularly described as follows:
PREMISING that the Southerly limit of Daid Lot 27 has a bearing of
North 60 degrees 45 feet West and relating all bearings herein
theretoj
CO!H1ENCING at a point in the Southerly limit of said Lot, distant
forty-nine hundred and sixty (4960.0') feet measured North 60
degrees 45 feet West thereon fro~ the southeasterly angle of said
lot;
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THENCE North 60 degrees 45 feet West along said southerly limit
a distance of eight hundred and sixty-four (864') feet to the
easterly limit of a given road crossing said lot;
THENCE North 22 degrees 55 feet East along said easterly limit a
distance of six hundred and sixty (660') feet more or less to the
northerly limit of said lot;
THENCE Sout~ 60~degrees 45 feet East atong said northerly limit td
its intersection with a line drawn through the point of commencement
in a northerly direction and psral1el with the easterly limit of
said loti
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SCHEDULE "A" - PAGE 3
THENCE Southerly along said parallel line a distance of six
hundred and sixty (660') feet more or less to the point of
commencement. SAVE A~D EXCEPT Part 30, Reference Plan 3R-826.
TOGETHER WITH A RIGHT OF WAY in common with others entitled thereto
over part of said Lot 27, more particularly described as follows:
COMMENCING at a point in the westerly limit of a travelled public
road, distant four hundred and five feet and thirty-five one-
hundredths of a foot (405:.35) measured North 23 degrees
17 feet 40 inches East from a point in the southerly limit of said
Lot 27, distant five thousand, eight hundred and ninety feet and
thirty one-hundredths of a foot(5890'.30) measured North 60 degrees
45 feet West from the southeast angle of said Lot 27;
THENCE North 63 degrees 33 feet 30 inches West, a distance of two
hundred and forty-seven feet and eighty-one one-hundredths of a
foot (247'.81) to a point;
THENCE North 76 degrees 12 feet West, a distance of seven hundred
and fourteen feet and thirty-six one-hundredths of a foot (714' .36)
to a point;
THENCE North 57 degrees 25 feet 30 inches West, a distance of
three hundred and seven feet and sixty-six one-hundredths of a
foot (307'.66) to a point;
THENCE North 29 degrees 06 feet 30 inches East, a distance of
thirty-one feet and forty-one one-hundredths of a foot (31' .41) to
a point;
THENCE North 60 degrees 45 feet West, a distance of twenty-eight
and fifty-eight one-hundredths of a foot (28'.58), to a point;
THENCE North 24 degrees 50 feet 30 inches East, a distance of
four hundred and seventeen feet and eighty-seven one hundredths
of a foot (417'.87) to a point; in the northerly limit of said
Lot 27;
THENCE 60 degrees 45 feet West, along same, a distance of two
hundred and fifty feet and fiteen one-hundredths of a foot
(250' .15) to the westerly limit of Lot 27;
THENCE South 24 degrees 50 feet 30 inches West, along same,
thirteen feet (13' .00) to a point;
THENCE South 60 degrees 45 feet East, a distance of two hundred
feet (200' .00) to a point;
THENCE South 24 degrees 50 feet 30 inches West, a distance of
four hundred and sixty-five feet (465'.00) to a point;
THENCE North 60 degrees 45 feet West, a distance of two hundred
feet and seventy-four one-hundredths of a foot (200,' .74), to the
westerly limit of said Lot 27;
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SCHEDULE "A" - PAGE 4
THENCE along aame, South 29 degrees 06 feet 30 inches West, a
distance of forty feet and three one-hundredths of a foot (40' .03),
to a point;
THENCE South 60 degrees 45 fee tEas t, a dis tance of two hundred and
fifty feet (250'.00) to a point;
THENCE North 29 degrees 06 feet 30 inches East, a distance of
twenty-nine feet and ninety-six one-hundredths of a foot (29' .96),
to a point;
THENCE South 57 degrees 25 feet 30 inches East, 8 distance of
three hundred and thirty-six feet and ninety one-hundredths of a
foot (336'.90) to 8 point;
THENCE South 76 degrees 12 feet East, a distance of seven hundred
and sixteen feet and fifty-four one-hundredths of a foot (716' .54)
to a point;
THENCE South 63 degrees 33 feet 30 inches East, a distance of two
hundred and forty-five feet and fifty-seven one-hundredths of a
foot (245'.57) to the westerly limit of a travelled public road;
THENCE North 23 degrees 17 feet 40 inches East, forty, feet
and six one-hundredths of a foot (40'.06) to the point of
commencement.
As described in Instrument #201880
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SCl1lmUL1~ 'H'
1'lWJECr J>I!SCIW'TION
RECONSTRlJCI'ION OF JllJNWAY 05/23 (660 IIIclrcs)
KINCARDINE TO\VN AND TO\VNSlIIl' AIIU'OIlT
The proposed reconstructioll of Runway OS/23 illvo\vcs the conslrllclion of a paved rUllway,
fifteen (15) metres in width, approximately (¡ÓO metres inlenl~th afl(l designed in acconlallcc
wilh the applicable stalldanls afl(l rccomJlJellded practices of Tnl/lspmt Canada as
dOl:ulllculed in their publication 1'1' 312E for a Code.J A, NOII-Instrulllcnt IlInway, The
alignlllent of the rllnway shall be 039"-219" Irlle, givillg a lIIagnetic desiglla/ìoll [or Ihc
Rnllway of OS/23.
The /lIlIwny will provide a p..vcd lalldillg slI/[ace for fixed willg ai/cmf! ill additioll to
facilitatillg ai/cHIn access to and fmlll the cxisling Bruce Ellergy CClltre Buildillg ¡I } "(JII vii]
a lax¡way conllecled to RUllway OS/23 npproxÌlllatcly 500 mctres 1I00Iheasl[ (J/II Ihe
illlel.\ectioll of RUllway 1J/3 I alollg the proposed Hllnwuy OS/23 celll/elille.
The proposed ('lInway afl(l conneclillg taxiwny (as idcllliCied above) will be lighlcd ami
marked in accordallce with the standards ami recommenùed practices of Transport Callada.
Ughling for the connecting taxiway inclllùing the ;'pron/taxiway illle/seclioll lighlS wìl1 be
cOllnected 10 the Killc,udille TowII ¡¡lid Towllship Airp(JJ' I lightillg sy.\lcfII alld will be
aCI¡valet! as part of Ihe ¡¡irpOIl ARCAL (Aircraft Raùio CIJllllOl of Aerodrome Lighting)
syslem.
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