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HomeMy WebLinkAbout10 047 Removal from Development Agreement By-Law• • • • THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT BY -LAW NO. 2010 — 047 BEING A BY -LAW TO REMOVE A DEVELOPMENT AGREEMENT FROM A PORTION OF LAND WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, P.13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council of the Municipality of Kincardine passed By -law No. 2007 — 272 authorizing a Site Plan Agreement with John Herman Roppel and Enbridge Ontario Wind Power LP, for that property located at Lot 11, Concession 5, Bruce, Part Lot 11 -13, Concession 6, Bruce as in R276599, R320292, Except Part 1 & 2 3R992, Part 1 3R5336; SIT BU13710; Municipality of Kincardine in the County of Bruce; AND WHEREAS Council deems it advisable to remove the said portion of land from the Development Agreement; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the lands described as East half Lot 3, Concession 12 (geographic Village of Tiverton), Municipality of Kincardine, County of Bruce, as shown in the attached Schedule `A', be removed from the Development Agreement authorized by Tiverton By -law No. 77 -003. 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, such documents as required for the removal from the Development Agreement for said lands; 3. This By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Removal from Development Agreement (East half Lot 3, Con. 12) By -law." READ a FIRST S OND TIME this 14 day of April, 2010. o-D- r q. Q Guru P. �a Clerk READ IRDTfId- FINALLY PASSED this 14 day of April, 2010. v M9_ ,Q o w. inO_D f) yor Clerk TO: James Louis Laschuk (Insert lawyer's name) AND TO: LASCHUK & FARR (Insert firm name) RE: This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents "), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and Uwe understand that Uwe are parties to and bound by the terms and provisions of the Documents to the same extent as if Uwe had signed them; and • 1/we are in fact the parties named in the Documents and Uwe have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the documents) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. ❑ Other documents set out in Schedule "B" attached hereto. Dated at Kincardine WITNESS ACKNOWLEDGEMENT AND DIRECTION Delete Development Agreement ('the transaction ") (Insert brief description of transaction) ,this 01 day of , 2010 (As to all signatures, if required) The Corporation of the Municipality of Kincardine Larry Kremer mayor _. .vn� John deRosenrolf CAO LRO # 3 Application (General) This document has not been submitted and may be incomplete. Properties PIN 33293- 0670 LT Description PT LT 69 PL 210, PT 1 3R2237, EXCEPT PT 2 3R8844; T/W R242451; KINCARDINE Address KINCARDINE PIN 33293 - 0700 LT Description PT LT 69 PL 210, PT 3 3R8844; S/T R281494; KINCARDINE Address KINCARDINE PIN 33293 - 0701 LT Description PT LT 69 PL 210 PT LT 3 CON 12 KINCARDINE AS IN R281494 EXCEPT PT 2 3R1216 & EXCEPT PT 1 3R8501 & EXCEPT PT 3 3R8844; S/T R281494; KINCARDINE Address KINCARDINE PIN 33293- 0723 LT Description PART LOT 69, PLAN 210, PT 4 3R -8844 MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33293- 0724 LT Description PT LT 69 PL 210 BEING PT 2 3R1216 AND PT 1 3R8501, EXCEPT PT 4 3R8844 MUNICIPALITY OF KINCARDINE Address KINCARDINE I Applicant(s) Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company 1475 Concession 5 R.R. # 5 Kincardine, ON N2Z 2X6 I, Larry Kraemer Mayor and I John deRosenroll CAO, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Statements In preparation on 2010 03 17 at 15:18 yyyymmdd Page of Schedule: I Larry Kraemer Mayor and I John deRosenroll CAO of The Corporation of the Municipality of Kincardine having a registered interest in instrument number R148650 hereby apply under Section 75 of the Land Titles Act to delete instrument number R148650 registered on July 14, 1977 being a Development Agreement and to delete instrument number R281873 registered on November 18, 1991 being a Release. All terms of the Development Agreement being instrument number R148650 have been complied with. I James Laschuk solicitor state 1. that The Corporation of the Village of Tiverton and The Corporation of the Township of Bruce amalgamated to create The Corporation of the Township of Bruce by a restructuring order under Subsection 25.2(2) of the Municipal Act effective January 1, 1988. The Corporation of the Township of Bruce changed its name to The Corporation of the Township of Kincardine - Bruce - Tiverton by a restructuring order under Subsection 25.2(2) of the Municipal Act dated January 30, 1998 effective January 1, 1999. The Corporation of the Township of Kincardine - Bruce - Tiverton changed its name to The Corporation of the Municipality of Kincardine by The Municipality of Kincardine Act 1999 which came into effect on December 23, 1999.