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Home My WebLink About15 140 License of occupation (James Arthur Haney) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT b 50(►„ X04: a ''.44/4 31:11Y OF KIN�`� BY -LAW NO. 2015 - 140 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN ASSIGNMENT AGREEMENT FOR A LICENSE OF OCCUPATION WITH JAMES ARTHUR HANEY WHEREAS pursuant to the Municipal Act 2001, S.O. 2001, c. 25, as amended, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality of Kincardine (Township of Kincardine) signed a License of Occupation for the term of ninety -nine years with David C. Butterworth and Dorothy I. Butterworth on July 6, 1964 to enter upon part of the road allowance running along the Westerly Limit of Lot No. 25 in Concession A or Lakerange, Municipality of Kincardine (geographic Township of Kincardine); AND WHEREAS the Council of The Corporation of the Municipality of Kincardine has been requested to consent to the assignment of the above noted agreement from Dorothy I. Butterworth to James Arthur Haney; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine consent to the • assignment of the License of Occupation Agreement dated the 6th day of January 1964 from Dorothy Inez Butterworth to James Arthur Haney, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule `A' and forming part of this by -law. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the Assignment Agreement between Dorothy Inez Butterworth and James Arthur Haney, attached hereto as Schedule "A" and forming part of this By -law. 3. That this by -law shall come into full force and effect upon its final passage. 4. That this By -law may be cited as the "License of Occupation (James Arthur Haney) By -law ". READ a FIRST and SECOND TIME this 21st day of October, 2015. READ a THIRD TIME and FINALLY PASSED this 21st day of October, 2015. @. t. ale Mayor Clerk ASSIGNMENT AGREEMENT BETWEEN: DOROTHY INEZ BUTTERWORTH (The "Assignor ") AND JAMES ARTHUR HANEY (The "Assignees ") WHEREAS by a License Agreement dated the 6 day of January 1964 a copy of which is attached here to (the "Agreement ") the Township of Kincardine gave license to David C. Butterworth and Dorothy I. Butterworth to enter upon part of the road allowance running along the Westerly Limit of Lot No. 25 in Concession A or Lakerange, Township of Kincardine as more.particularly described in the Agreement; AND WHEREAS the Municipality of Kincardine is the successor to the Township of Kincardine ; AND WHEREAS David C. Butterworth died on or about 14th day of May 2007 NOW THEREFORE IN CONSIDERATION of the premises the sum of two dollars ($2.00) and other good and valuable consideration (the receipt and sufficiency of which is hereby by the Assignor acknowledged) the Assignor hereby assigns, transfers and sets over unto the Assignees for the Assignees' use, all of the Assignor's right, title and interest in and to the License Agreement together with all benefits and other advantages to be derived there from to the extent that same can be assigned. THIS ASSIGNMENT shall enure to the benefit of and be binding upon the Assignor and Assignees and their respective heirs, executors, administrators, successors and assigns. Dated at ttia. e_- /o o , Ontario this 5 ` day of September, 2015 Witness: A 411,0-a - Dorothy Inez Butterworth James Arthur Haney CONSENT The Municipality of Kincardine hereby consents to the within assignment. Dated at Kincardine, Ontario this 1 day of Qdobe( 2015. The Municipality of Kincardine per ./ L per 146. _ GH® We have authority to bind the Corporation. . 11 ,,. ,..• .74- /96 V / 1 I; e ll I/ 1! q I KNOW ALL MEN BY THESE PRESENTS that in consideration of ■ ,and subject to the provisoes, conditions and restrictions herein- I after contained, the Council of the Township of Kincardine in the 1 1 I County of Bruce and Province of Ontario, doth by these presents 1{ i 1 I give leave and license and due and full permission and authority II i d 1 . I I unto DAVID C. BUTTERWORTH and DOROTHY I. BUTTERWORTH, both of the ! 1 0 1 City of Woodstock, in the County of Oxford hereinafter called the 1 Licensee, to enter upon, possess, occupy, use and enjoy during the h I 1 II 1 term of ninety-nine years from the date hereof for the purpose of a i I 1 1 Summer Cottage. 1 1 1 . All that parcel or tract of land, situate, lying and beingi 1 ; 1 1, 1 1 in the TOWNSHIP OF KINCARDINE, in the COUNTY OF BRUCE and Province 1 1 1 1 of Ontario and being composed of part of a road allowance running 1 1 along the Westerly limit of Lot No. 25 in Concession A or Lakerangel 1 . I , of the said Township of Kincardine which said lands may be more 1 i I particularly described as follows: 1 q 1 CONNENCING to measure at the south-west angle of said Lot No. 25; I 1 I 1 i THENCE northerly along the westerly limit of Lot No. 25 a distance I Typist of one hundred and forty (140) feet to a' point which said point is 1 the point of commencement of the parcel herein intended to be 1 AppFoved il described; THENCE northerly along the said westerly limit 100 feet to a point; 1 1 THENCE westerly and parallel with the southerly limit of the said i 1 , lot extended westerly sixty-six (66) feet to a point on the westerly; 1 1 1; 1 k 1 boundary of the said road allowance; I il THENCE southerly along the westerly •boundary of the said road a11ow4 1 ance one hundred (100) feet to a point; . • I . • 1 THENCE easterly and parallel with the southerly limit of the said 1 i l l • u 1 lot produced westerly sixty-six (66) feet to the point of 1 1 1 i I p 1 L 6 commencement. 0 1, , li 11 il • 1 1 11 Reserving to the said Council the right at any time it is il deemed in the interest of the public to require the removal or , li lc ,, , li 1; I I} I I I 11 I . ' [, 1 2. 1 'renewal of any structures on this parcel and before any further L building is made, the consent of the said Council is .necessary. I Reserving also all gold, silver and other minerals which ' E on or shall be hereafter found in, on or under the said land. 1 Subject to the payment to the Treasurer of the Township 1 1 1 of Kincardine of the sum of Fifty cents per foot frontage of lawful I money of Canada on the date hereof, the receipt whereof is hereby : ! 1 1 1 , ; 1 i I acknowledged. i i 1 i 1 1 i ; 1 Provided that this license may be revoked or cancelled at 1 1 any time by the said Council when it shall by it be deemed in the public interest so to do/if 4,,cete 6.- . ; . • I / I 1 Provided that all buildings erected and all works construcL 1 ted on said lands shall be made to the of the said 1 i I Council and shall be kept in a clean and sanitary condition and 1 1 that the licensee shall exercise all reasonable care and precaution ! I i 1 ! against the outbreak of fire. 1 1 1 1 Provided that this license is granted upon the condition 1 1 I 1 1 ; that the land described herein shall be used for the purpose only ; 1 i as hereinbefore described. 1 ; I! i Provided that this license shall not be assigned or ; I 1 I 11 I transferred without the consent thereto in writing of the Treasurer I 1 1 1; 1 r of the said Township and upon payment to the said Treasurer of a I 1 transfer fee of the sum of $5.00. 1 . . 1 . 1 1 . . . . . i . . i WITNESS the hands of the Reeve and the Treasurer of the 1 II Township of Kincardine, and the seal of the said Township on the i ll , i b A day of , . 1 II 9 ■ 1 I • 1 1 1 1 IN THE PRESENCE OF: ) ! I 1 ) Reeve 1 1 1 ; ) • 4 /7,,,,,, ) ,,, ' • - • • ; ; Treasurer Dated: 1962. TOWNSHIP OF KINCARDINE - and - DAVID C. BUTTERWORTH and DOROTHY I. BUTTERWORTH • LICENSE OF OCCUPATION • • McGIBBON, HARPER & HANEY, Barristers, etc., • • Waterloo, Ont. •