HomeMy WebLinkAboutBRU 91 028 agree bru twp ross w
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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.
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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
.
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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
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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
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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.
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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.
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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
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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
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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
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