Loading...
HomeMy WebLinkAboutBRU 91 028 agree bru twp ross w -. THE CORPORA'PIOII OF THE TOWIISHIP OF BRUCE BY-I.A. 110. 91-28 BEING A BY-LAW to confirm and authorize an agreement between The Township of Bruce and Ross Edward Wolfe. WHEREAS pursuant to the Municipal Act, R.S.O. 1980, Chapter 302, Section 193, the Council of every Corporation may pass by-laws for acquiring any land required for the purposes of the Corporation and for disposing of land no longer required for municipal purposes. AND WHEREAS pursuant to the said Municipal Act, Section 298(1)(a) the Council of every municipality may pass by-laws for establishing and laying out highways. AND WHEREAS it is desirous and necessary to enter into an agreement with Ross Edward Wolfe for the purpose of acquiring land to establish a new highway at Lot 20, Concession 9, in the Township of Bruce. AND WHEREAS it is desirous Township of Bruce for the lands to exchange required for lands the new owned by highway. the NOW THEREFORE be it enacted by the Council of The Township of Bruce as follows: 1. That the Township of Bruce is hereby into an agreement with Ross Edward attached to this by-law. ¿ authorized to enter Wolfe in the form 2. That the execution of the agreement by the Reeve and Clerk of the municipality is hereby confirmed and they are authorized to affix the Corporate Seal to the agreement as required. 3. That the Reeve and Clerk of the Township of Bruce are authorized to complete all obligations of the Township of Bruce as agreed in the said agreement attached to this by- law and are further instructed and authorized to affix the Corporate Seal of the Township, as and when required to all conveyances and other documents from time to time required to complete the terms of the agreement. 4. That the road closing and conveyancing obligations contained in the agreement shall be completed by further by-laws of The Corporation of the Township of Bruce as required pursuant to the terms of the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 91-28 PAGE 2 -- 5. This by-law date of its Bruce. shall come into force and take effect on the final passage by the Council of The Township of 6. That we now repeal By-law No. 91-21. By-law introduced and read a FIRST time this TWENTY-SEVENTH day of AUGUST, 1991. By-law read a SECOND time this TWENTY-SEVENTH day of AUGUST, 1991. By-law read a THIRD time and finally passed, signed, sealed, and numbered 91-28 this TWENTY-SEVENTH day of AUGUST, 1991. CLERK REEVE SEAL . - - ør.- Æ..~ ~ I, I \ ,,- Agreement made this 2lst day of August, 1991. BET WEE N: THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called the "Township") - and - ROSS EDWARD WOLFE, of the Township of Bruce (Hereinafter called "Wolfe") WHEREAS Wolfe is the owner of Part of Lot 20, Concession 9, in the Township of Bruce. AND WHEREAS the Township is the owner of part of said Lot 20, Concession 9. AND WHEREAS the land owned by the Township described as Part I on Reference Plan 3R-4926 has been established as a public highway. AND WHEREAS the land owned by the Township described as Part 2 on Reference Plan 3R-4926 is unused and is not required for any municipal purposes. AND WHEREAS the Township is also the owner of the original road allowance between Lots 20 & 21, Concession 9, in the Township of Bruce. AND WHEREAS it is desirous and necessary that a new road be established on Part of Lot 20, Concession 9, owned by Wolfe, and described as Part 2 on Reference Plan 3R- 5404. AND WHEREAS a portion of the old road and the original road allowance will no longer be required by the Township. AND WHEREAS it is desirous and necessary to exchange lands between the Township and Wolfe for the purpose of constructing the new highway. AND WHEREAS Wolfe is the owner of Lot 21, Concession 9, in the Township of Bruce and would be entitled to receive the old road and original road allowance from the Township. I I I II NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto agree as follows: LAND EXCHANGE I. Wolfe shall convey to part of Lot 20, Concession ~fe~ence Plan 3R-5404. the Township, at no cost, tha't 9, described as Part 2 on - ._..,~'.. ------ 2. The Township shall convey to Wolfe at no cost, that part of Lot 20, Concession 9, described as Part 2 on Reference plan 3R-4926. " ii '; 3. The Township shall cause to be closed and conveyed to Wolfe at no cost that part of Lot 20, Concession 9, used as a public highway and described as Part I on Reference Plan 3R-5404. , I: " q ,~ .......... - 2 - 4. The Township shall cause to be closed and conveyed to Wolfe at no cost, that part of the original road allowance between Lots 20 & 21, Concession 9, in the Township of Bruce, more or less as shown on the sketch attached as Schedule "A" to this agreement. TITLE 5. Each party agrees to convey to the other party, the agreed land, free and clear of all liens and encumbrances. 6. Wolfe covenants with the Township that the lands he has agreed to convey are not used as a matrimonial home for the purposes of the Family Law Act. CONDITIONS 7. The Township covenants, to take all steps as are required to legally close and convey to Wolfe the public highways and road allowances referred to above. 8. Wolfe acknowledges that the Township is required to follow the procedure for closing and conveying highways as established in the Municipal Act, R.S.O. 1980, Chapter 302 and acknowledges that approvals from third parties are required. 9. It is agreed that the conveyance of the road allowance and highway are conditional on the successful completion of all road closing procedures and approvals as required by the said Municipal Act. 10. If the Township is unable to complete the conveyances of the highway and road allowances due to the intervention of a third party, Wolfe agrees to complete the conveyance of Part 2, 3R-5404, in any event. COSTS 11. The Township shall pay all costs associated with surveying and road closing. 12. Each party shall pay their own legal costs incurred throughout this transaction including the cost of conveying the land to each other. FENCING 13. After the completion of the "new road" and associated construction, the Township shall cause the lands owned by Wolfe on both sides of the completed highway, to be fenced, along the road allowance, by a five strand bar wire fence, at a location more or less as shown on the sketch attached as Schedule "B" to this agreement. REHABILITATION "ii<~ 14. The Township agrees to remove from Part 1, 3R-5404 and wherenfi!cessary on the original road allowance, the existing "qranufir, aggrp9"....· 1!'atE'r;" 1 â!:l.d....tQ. r-.pla¡;¡;G it;. -with, exc-e-s-s ¡- natural topsoil removed from the new road to be constructed at Part 2, 3R-5404 and to rough grade it to the existing grade of the road. POSSESSION IS. Wolfe agrees that after the signing of this agreement Ii the Township may take immediate possession of the lands ,I , I ....., -": - 3 - described as Part 2, 3R-S404, for the purpose of constructing the proposed new road. 16. The Township agrees to indemnify and save harmless Wolfe from any damages or claims arising from the construction of the proposed road which might arise while Wolfe is still the registered owner of the land. COMPLETION 17. It is agreed that the conveyances for the transfer of the lands between the parties shall be completed at a date to be determined by the Township on notice to Wolfe. Such a date to be fixed when the necessary surveying and road closing procedures have been completed. BINDING 18. This agreement shall be binding on the parties hereto and there respective heirs, successors and assigns. IN WITNESS WHEREOF the parties hereto set their hands and seals. THE CORPORATION OF THE TOWNSHIP OF BRUCE Per: Per: 'rf-& 'V1(~ Ross Edward Wol e - -,.-------.- -_._- '-.---- - I i¡ ;1 'I , ."....¥~ , '" ~ '5 '" .. .~ -> ;¡ ~ '" " ,. ., -' -~"- o N " . I'" 0. ": . . i' . o. .. . . ... .... ~ . ;;;. : :: !" = ~ ~ N . ~ ...,. , .. a: i ;t ---- ~-,- '\ 4J ~ " ~ ~ '-I ~ ... ----- , ii. " , \ " ¡;, ~ ... , " '\ ~ "- ~ ,~ ~ '{ , " \¡ i ,Q. ~ '1 ~ " \¡ ~ ~ {, I" ~ ~ ~ ~ .,¡ ... () '\( '\( ~ ~ â ~ "Í ~ ~ \!, "- ~ ~, \\ -- ------ ..,. 38 -' -,:: . I 'I,;. ~~': . I ' -.-.; \ .. § '" 0&1 "'CJ ..:z; 38 .' ~: H] ~- 'i" . ! ~ t-T- '" I : Ëf. :-~ I.. . :':oo'c.j.. '. !t Ih if ; .. . .i . " . i~ ! iìi~ 'i .. 5.. f ,¡ ~ ;/ ~&i~ i. "--, "rJ ....= .~: I., Ilt bI j . _. . , ....:::.... ~ . ;.----. , !.. '---.. . o C " · · .. % !è. ~ CJ :z; 8 o '" 0- S o · 7 1 \ \ ...:::::::- ----- :¡ ~ , ë. II- ~ á 5 ~ 3 ...., ~"1; ""'.... "'C;.. ".- U r"I , "i; "'--t '" % o ¡;; '" "' CJ % o U , L::.._ Ñ " c " .~ [3 ¿;:... '-- 'T'.c .. "- IS .. ~ a ~+. ,. ~Q:l ~ , ,; " 1.' ), -\ ~ \~ .,,¡ ~ ~ \-1.1 ~ ~ ¡pi " \,¡ ~ " Q:¡ i!.. ~ ~ "- "- "- "- \ \ 'Z , v \¡ 0, ~ '>l! ~ ^' ~ ~ I~ i--. v ~ " ~ "- '\1 ~ "- " v '.1.1 ~ ~ ~ I..\,\ 'v ~ ~\ I( \ "- ~ ~ (:, \. "- " \J 10 '-J f