The URL can be used to link to this page

Home My WebLink AboutBRU 91 021 agree Ross Ed Wolfe orB CORPnRa".IOII OF 'i'HB 'i'OWSHIP OF BRUCE BY-LAW )f0. 91-21 -e BEING A BY-LAW to authorize the Township of Bruce to enter into a property agreement with Ross Edward Wolfe. WHEREAS Ross Edward Wolfe has agreed with exchange land at Lot 20, concession 9, Bruce purposes of road realignment. the Township to Township for the AND WHEREAS the parties have agreed on the terms of the land exchange agreement. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: The Corporation of the Township of Bruce enter into a land exchange agreement with Ross Edward Wolfe in the form attached as Schedule "An to this by-law. That the Reeve and Clerk of the Township are hereby authorized to execute the agreement on behalf of the Township and to affix the corporate seal as required. By-law introduced and read a First time this TWENTY-THIRD day of JULY, 1991. By-law read a Second time this TWENTY-THIRD day of JULY, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-21 this TWENTY-THIRD day of JULY, 1991. CLERK REEVE ~ -e _/ ~-~:. ~~~... - -.. - &ÉAÚ;:~~ ~_~ : / -- - -.. '""" '::. "'.__.w .......~". .....-- ............ ".::-- - - -- .... · c ..,.,~ L"-........"-._ Scchedu\,"- . p,.. +0 ß,\-Ia.uJ ~o. C\I_"-I Agreement made this lOth day of July, 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 Lot 20, Concession 9, in the Township of Bruce save and except that part of said Lot 20 described as Part 1 on Reference Plan 3R-4426. AND WHEREAS the Township is the owner of Part of Lot 20, Concession 9 described as Part 1 on Reference Plan 3R-4426. AND WHEREAS said Part 1, 3R-4426 is presently used as a Township highway. AND WHEREAS it is desirous that a new road be established on Part of Lot 20, Concession 9 and the old road be partially closed. AND WHEREAS Wolfe owns all of the lands on either side of the old road and is entitled to obtain it from the Township once it has been legally closed. NOW THEREFORE the parties hereto agree as follows: 1. Wolfe agrees to convey that part of Lot 20, Concession 9, in the Township of Bruce to the Township, which is shown as the "proposed" road on the sketch attached hereto, for the purpose of constructing and maintaining a new municipal highway. 2. The Township shall take all steps to legally close and convey to Wolfe that part of the old road which is shown as "existing" on the sketch attached hereto. 3. There shall be no consideration payable for the lands being conveyed to the parties. 4. The Township shall pay all costs of surveying, road closing and conveyancing as are required to complete the terms of this agreement. 5. Wolfe agrees that the Township may commence construction of the "proposed" road at any time after the signing of this agreement. 6. 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. 7. It is agreed that the conveyances for the transfer of the lands between the parties shall be completed at a date to be t-~.__,....... - 2 - 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. IN WITNESS WHEREOF the parties hereto have set their hands and seals. THE CORPORATION OF THE TOWNSHIP OF BRUCE Per: Clerk Per: Reeve Ross Edward Wolfe 'l.~ I~~ ~ "\ ~ ~ - -~ Ì\, ~ '\ 1------"' ( , ~ l' . N \) , 1¡ .-\ L, "- \. ~ '" '-J ~ ~ " ~ y ~ ì;J ~ "-; "i ç...... ':) ~ i\ ". ~ ~ ': "'1 '" ,- ''d ,: 'I í:'} \, 'i (\ ~ \) ~ ~ ~ , \ I:: ~ 1'\, \., '<: ~' , \[1 , ~ \ "I \;) t'- ~ ~ ~ Ì1 ~I \i;) ~ o - , - -:;F;:{ ,'¡~ '-'j'~>'\~'.~~:" r,.il'''I;\- ···'I·":':j.~.-,._ -~; ~J ~~1~:: .... [I {-;, ':!'ïI?~I~ -}I¡i-:' . -,.." . - !!..,~ :, ~T ~;¡~~ ::-\ 'r-1~,:, ...", \)~ ~1f~{ '~h::'t1 '-, "'O·..·t~...~~ ~ , j!' . ( ~_.- T .LI , . o . '&;.---1- '. , ! I ('\ -: I . '7j 'ò--r s ~ ..í,,:,- ~ ' ~ ~ ':\ 0; "\ m;_~ g \., ----v-:-c__~ z I' :- : . n " ; i &j " .. ",- (f.I f) , õ -:----1 z \ 4--1 P I ~-¡- ; I (\ '>(¡ ~ ~ I.¡ "\ ~ ~ ~ b .....~ -.... § N o " ' , !- ~í . , _I ¡' 1"-", '# 1":;-.- .~~--. <> o ri m co ·6 . . ,-'" ;¡; r , I 1 ;"i II tll, hi ul "I' i i . III is 'I ; ,.-. , r-- , , I ,___ .~ , .. :...---. . , . ~ I II I I ~ Agreement made this 21st 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 1 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. NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto agree as follows: LAND EXCHANGE 1. Wolfe shall convey to the Township I at no cost, tha-t part of Lot 20, Concession 9, described as Part 2 on Reference Plan 3R-5404. 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. 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 1 on Reference Plan 3R-5404. I I II I, !i i' II : ,i Ii :1 'I Ii ;1 II II II ,I I, II II !! ~. - 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 14. The Township agrees to remove from Part 1, 3R-5404 and where necessary on the original road allowance, the existing granular, aggregate material and to replace it with, excess, 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 15. Wolfe agrees that after the signing of this agreement the Township may take immediate possession of the lands ~ \ . ~ - 3 - described as Part 2, 3R-5404, 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: R~~ard'l!+ !I il I tI.., . '" '5 U) "' '''; 'J ~ :J ') c, ,~ ') --' , ~ ~\ ~ \,J ~ ~ ~ \J ~ j' " ,. \. '\ \. .... ..J r '" '\ I~ '\ ~ ~ , -~ ..J ~ \J \.J i I~ ~ -'/ ~ '" \.J ll.J ~ t! k, ~ ~ 't ~ , ,J ~ ~ '\l "\( ~ ~ ~ C) ~ ~ :\ ~ ~ "'- ~ \j ~ o!3 C\lu E-<Z 38 \ '-' .. 'lI, A", \ '" Z o Vi ~~ U E-<Z 38 ~~ g; ~~ ~ ag ~ ~s ; !~ ~ ~j5 : 'i; 5 ~: : .~ ~ ~~~~ '!~~ i~a~ g~~ :/2;i: ~~~ :~D ~r;g 5:~ ~~a ;l":e: !~~ ;;j il~ ~I .~ -~ c~ ~~ n ~~ ~2 C> Z C t fij ~ ~ o u o C\l E-< 3 i--; ~--: Q \-j't [ L_ n_ 1--' h=:- -- i '~ \--- XOO'O-" ~- ~ .L::- ~ S' " 0> Z 0 It- Cii Ul ; .:; r.J ~ U '" Z -L,._ 5 0 u - ~ ~ r-t " -f- C\l -, ~ . ;-. .~. -..;: ....,.j 3 "'C :p ..e:::._c__ r- ~ I ~ \0 IS 5 Ii ~ \, :' :...--- ; -~ - . ~ co ~. I "- '" " \J ~ ~ ~ \( \:J !'l , "- )., " ~ \ \ \ \J \,j r_ \j ~ 1"jJ ~ ~ ~ ~ ~ \~\ h.. v "- v ~ l.... ':1 \ ~ " v v Q !~ "( ] ~ ~ ~ ~"""':.......- ~~ , :_~ \~ -.J ~ ~ \-l1 ~ \j 'J I~\ \..i ~ ~\ \ \ , ~ \ ~ ~ "- , .-.- '\ \j <::) '-l I