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Home My WebLink AboutBRU 92 005 land exchange sieffe THE CORPORATIOH OF THE TOWNSHIP OF BRUCE BY-LAW NO. 92-5 BEING A BY-LAW to enter into an agreement with James A. Sieffert regarding a land exchange in the Hamlet of Underwood. WHEREAS an agreement has been drawn up to authorize the transfer of a portion of Mary Street owned by The Corporation of the Township of Bruce to Mr. Sieffert in exchange for Mr. Sieffert transferring to The Corporation of the Township of Bruce a parcel of land known as Lot 17, Registered Plan 114. THEREFORE the Municipal Council of The Corporation of the Township of Bruce enacts as follows: 1. That the Township Reeve and the Township Clerk-Treasurer be authorized to sign this agreement with Mr. Sieffert for the above mentioned land exchange. By-law introduced and read a First time this TWENTY-EIGHTH day of JANUARY, 1992. By-law read a Second time this TWENTY-EIGHTH day of JANUARY, 1992. By-law read a Third time and finally passed, signed, sealed, and numbered 92-5 this TWENTY-EIGHTH day of JANUARY, 1992. ~ /~ I --------.. CLERK REEVE SEAL !.!- .! ~ .,. Agreement made this 2nd day of January, 1992 BET WEE N: THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called "The Township") - and - JAMES A. SIEFFERT (Hereinafter called "Sieffert") WHEREAS the Township is the owner of Mary Street on Registered Plan Number 114, Bruce Township, Bruce County. AND WHEREAS Sieffert is the owner of Lots 11, 12, 13, 14, 15, 16 & 17 on said Plan 114. AND WHEREAS it is desirous to close a portion of Mary Street, Registered Plan 114 and exchange it for Lot 17, Registered Plan number 114. NOW THEREFORE the parties hereto agree as follows: 1. The Township shall commence an application pursuant to Section 82 of the Registry Act for an order closing. that part of Mary Street, Registered Plan 114 lying South of the northerly boundary of Lot 16, Plan 114 as shown on the sketch attached to this agreement. 2. Upon the final completion of the road closing procedure, the Township shall cause all acts to be taken as may be required to convey the said part of Mary Street to Sieffert. 3. In exchange for the closed portion of Mary Street, Sieffert shall at the same time convey to the Township Lot 17, Registered Plan 114, free and clear of all encumbrances. 4. It is acknowledged that the conveyance of the closed portion of Mary Street by the Township to Sieffert shall be subject to a grant of easement to Ontario Hydro over part of the said street which lies within five meters of the existing hydro lines, such easement being dated October 30, 1991 and attached to this agreement. Sieffert agrees and acknowledges that the easement runs with the land and is binding on all persons acquiring ownership of the land including Sieffert. . . .,. - 2 - 5. It is agreed that there shall be no consideration passing for the conveyance of the lands between Sieffert and the Township and the lands shall be conveyed at an equal value which is agreed to be $1.00. 6. Sieffert shall pay all costs of the Township incurred in legally closing and conveying the closed portion of Mary Street. 7. Sieffert shall pay all costs of surveying and preparing a reference plan required to describe all of the lands which are being conveyed by the parties. 8. It is agreed by the parties that the completion of the agreed land exchange is conditional on the successful completion of the application by the Township for an order closing the part of Mary Street, Plan 114 and upon the completion of all requirements of the Municipal Act which are necessary to convey the land. Failure to meet these conditions shall result in this agreement being null and void without further liability to either party. 9. The agreed conveyances of the land shall be completed within 30 days of the completion of all conditions contained in this agreement. ~ < .' '(j (\ " ..A(. ./~~~ A. e fert THE OF THE TOWNSHIP Per: - Reeve Per: bwt:lvû Robert Waram - Clerk ,om IIJNRI!QISlDEI> £ASEMÐm ...nœ " '" .. . 11IIS TRANSFER AND GRANI' OF EASEMENT dated tbe3ð,/f Between: ßRu<:.e leWI\JSHIP dayof Oc jo ß£ It 19 91 / // herein called the GRANTOR -and- " ONTARIO HYDRO WI~, .tllI I. The Grantor is tbe owner in fee simple and in possession of Lot ~ in the ~ ï H Concession. oraccordins to ReJistered Plan No. fØAìICJ.", ð,.- /1,f~,( .sTl~':1EÏ ßéINt;;; C ¡.(JS!õ:EO - inthe IÐWflJSltl,o Or ßRoIc.E ¡IV V/¡.,.J.¡ff;E Dr (J/VØíF~wo(.;{j PUN II'; in the C.ou.viY OF /:) Ru c.,E 2. Ontario H)'dro bas ereeted. or is about to ere<:!. a line for the IrOn...:.... .~ of power on or WIder Ibis land. or on or under land adjaœnt theretO. 3, IN CONSIDERATION of the sum of - /wo /)o.¡.t..Jll,S ($ ..(, 0 ð ) Dollars of lawful money of Canada. paid by Ontario Hydro to the Grantor. the Grantor bereby graDlS. uansfers. and conveys in perpetuity to Ontario Hydro. its successors and assip. the ri¡b1S and _ment: (aJ To erect. maintain. operate. repair. replace. relocate. reconsUUCl and remove at any time and from time to time in. over. along and upon or under the land as shown on the sketch auacbed hereto as Schedule "A" (berein reú.,red to as "the strip; an electrical transmission line or lines consisting of í \J.J 0 poles and Tw 0 aacbon with all guys. braces. wires. cables. and lSSOCiated material and equipment (all or any of wbicb works are herein called "the line;; (b) To cut and remove. or to clear and keep clear. all trees. brush and other obstructions and materials for a distance of S metres on each side of the centre line of the said line. and subject to payment of additional compensation therefor. to cut and remove aIlleanin¡ and decayed ~ located at a greater distance from the said centre line wbole condition renders them Iiab1e to fall and come in contact with the line; (c) To enter on and to pus and repass at any and all times in. over. along and upon the 1ands of the Grantor for the servants. aøena. contraclOrl and sub-contraCtorS of Ontario Hydro with or without vebicles, supplies. macbiDery and equipment for all purposes IM~ III 'Y or conwnlentto the exercise and enjoyment of the rights and easement hereby granted subject to payment by Ontario Hydro of compensation for any crop or other damage sustained by the Grantor caused by tbe esen:ise of Ibis ri¡bt of entry and passageway; (dl To remove. relocate and reconsUUCl the line on or under the strip. subject to paymeni by Ontario Hydro of additional compensation for any damage caused thereby, 4. THE Grantor covenants and apees not to erect any buildings. strUCIIIreI. or other obetnH:tiDns of any nature whatever or pile materials of any kind for a distanee of 5" metres on each side of the centre line of the said line except fences not esceeding2 metres in height or change the pade of the strip without the CODMIIt of Ontario Hydto. 5. THE Grantor covenants with ODWio Hydro that be bas the ri¡btto convey tbe said r!gbts and _t over or under the said land to Ontario Hydro. and that Ontario HyiIro sItaIi quietly posseII and enjoy the said rigbtI and ,.unCII!. and that he will execute such further -..aces of the said rights and _ as may be requisite. 6. ALL covenants herein contained sba1l be constrUed to be seYeni as well as joint and wbereveT the singular and the mascu6ne are used in Ibis Transfer and Grant of Ellement. the same sba1l be CODSUUed as meaning the plural or the feminine or neuter where the context of the ponies hereto so require. 7. THE burden and benefit of Ibis Transfer and Grant ,of Easement sba1l nut with the land and sbaIl estend to. be binding on and enure to the benefit of the ponies hereto and their respecti.., hein. execnlelS. admiaIauators. sueussors. and assigns. Siped. SeoIed and De6vered ._~ t+ y£fZ 1.-- ïg7J . LllC&---- SigtllllUnt .---:> . . Une CF 1e¡.D i ~'1o"E ~W:VSHIP C/o.JfRl!/r Ÿ)pr,,;¡; , Addnt.. - D A. R, 3 l,vERïoN I N ï/HVO IVCC5 .;( TO w,o, CD CIÞ CD ;: 01 )C ~. _. X=:t;. 3 -, 3' " -tiOa:l "-.... - -:=I 0 ~ig.ii' ... 0 M 90 ;: I I I I I I I I I I I I I I ~ I 10 I I I I I I I"" I I I I I I I I t a ~ ~ ~ r ~ I ~l ;,tp I ¡ ~~ g~l ~.. c. i'O Co.. 5 ~~! 6' ~t!~~ o 0::1> C ",II '" I ··0 \J 'Co " ~ ~ I) In Ib 6 o (1 'b. :) ~ :;) ;" tÞ It CD ca ~ ~ ~ .. =: ! -g ~ ¡ g. ii' o M ~ M . ..., I I ~ Ie 1(' ~I ,e> it ~ ~ - , ;"ð ~. I ¡... ,~ ~'" t::-. \) ë M 9- a. E. .. ~ I ~ ~ ! 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", ,....., . ..."" . \.\ '.. .'.,.....' : _...~, . ~ "0.1/" /"/ ... ( '1> . , ,. , " " /d : fIIIl 1"157' (l,<..' P r ,-hJ'J Y .fT- T~ Q,ç c...".rr-o ., ..r p¿. 0 fj - -~/f . '" '.. '- .. RE: The Corporation of the Township of Bruce McMann'S Garaqe Limited Mary Street, Plan l14, Township of Bruce, County of Bruce TO: FROM: ACKNOWLEDGMENT AND CONSENT The undersigned being the owner of Lot 10, Plan l14, Township of Bruce, County of Bruce hereby consents to an application by'The Corporation of the Township of Bruce pursuant to the Registry Act of Ontario for an order of the court closing a portion of Mary Street, Plan ll4 lying to the South of the ,southerly limit of Lot l7 on said Plan ll4 and the undersiqned acknowledges its right to acquire a portion of the said street and hereby confirms that it does not wish to exercise its right to acquire any of the said street at any time. Dated this 23 day of ~fltt.JLtAfµ(, 1992. ~ McMANN'S GARAGE LIMITED Per: (1/) presidenZ:1 ?nt,~