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HomeMy WebLinkAbout16 083 Parker Drain Agreement (2016) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE w KBT - • 0 P4LITY OF 1(I10 BY -LAW NO. 2016 - 083 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A MUTUAL AGREEMENT FOR DRAINAGE WORKS (Parker Drain) WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, 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 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 under Section 2 of the Drainage Act, RSO 1990 a Mutual Drain Agreement is when two or more owners of land desire to construct or improve a drainage works on any of their lands and are willing to pay the cost thereof, they may enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS by Resolution # 08/14/13 — 07 Council accepted the proposal of Stan Eby, for 50% cost sharing to a maximum of $10,000, for drainage work in the area of Lot 33, 34, 35 Concession 8 and 9 (geographical area Township of Kincardine) conditional on a mutual agreement for drainage works being developed; AND WHEREAS by By -law No. 2015 -010 Council entered into a mutual agreement for draining works; • AND WHEREAS the Council of The Corporation of the Municipality of Kincardine wishes to repeal By -law No. 2015 -010 and replace it with an amended mutual agreement for drainage pre Report PWD 2016 -10; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a mutual agreement with 1058657 Ontario Ltd., Robert Sterritt Dufton and Deborah Elizabeth Vera Dufton, and George Frederick Parker and Geraldine Margaret Fedy, attached hereto as Schedule "A ". 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Parker Drain Agreement, attached hereto as Schedule "A" and forming part of this By -law. 3. That By -law No. 2015 -010 be hereby repealed. • Page2of2 Parker Drain Agreement (2016) By -law By -law No. 2016 - 083 4. That this By -law shall come into full force and effect upon its final passage. • 5. This By-law may be cited as the "Parker Drain Agreement (2016) B Y Y " g ( ) -law ". Y READ a FIRST and SECOND TIME this 6th day of July, 2016. READ a THIRD TIME and FINALLY PASSED this 6th day of July, 2016. —( Mayor Clerk • • Van De Vyvere & Grove - McClement LLP BRIAN J. VAN DE VYVERE TAMMY W. GROVE - MCCLEMENT - GROVE - MCCLEMENT PROFESSIONAL CORPORATION BARRISTERS & SOLICITORS BRIAN J. VAN DE VYVERE, B.A., LL.B. 215 Durham Street, Box 880 TAMMY W. GROVE .MCCLEMENT, B.A., LL.B. Walkerton, Ontario NICOLa TY, B.A., LL.B. NOG 2V0 FIONA HAMILTON, B.A., M.A., LL.B. JULIA M. FISCHER, B.A., J.D. Telephone: (519) 881 -3230 Facsimile: (519) 881 -3595 E- MAIL: wmvt @walkertonlaw.ca December 17, 2015 VIA EMAIL Hroppel@kincardine.net Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Attention: Jean Roppel, Administrative Assistant Dear Ms. Roppel: RE: AGREEMENT DRAIN — PARKER DRAIN We have taken the liberty of revising the Drain Agreement based on our review of the parcel abstracts for the relevant properties, the comments and publications received from the Bruce County Land Registry Office and a review of the Drainage Act, R.S.O. 1990, c.D.17. If you are content with the form and content of the Agreement, please arrange for the relevant parties to sign the Agreement and return an original to me for registration in the Bruce County Land Registry Office. Please note that in order for the Mayor and CAO to execute the Agreement, the Agreement should be presented to Kincardine Council seeking authorization for the Mayor and CAO to execute the Agreement on behalf of the Municipality and any other documentation necessary to facilitate the registration of the Drain Agreement in the Bruce County Land Registry Office. REGISTRATION Please find enclosed the following: 1. Acknowledgment and Direction with Notice — to be signed by Mayor and CAO; and, 2 2. Acknowledgment and Direction with Notice — to be signed by other parties, as named, when the Drain Agreement is being executed. Please arrange for the documents to be executed by all parties and returned to us so that we may register the Notice re Drain Agreement. NAME CHANGE APPLICATION The Municipality is a named party to the Drain Agreement, as lands belonging to Kincardine are impacted by the Drain Agreement. As reported, a search in the Land Registry Office for Bruce County revealed that the registered owner of the road is "Public Authority Having Jurisdiction ". We therefore had recommended that an Application be made to amend the Parcel Abstract to change the name of the registered owner from "Public Authority Having Jurisdiction" to "The Corporation of the Municipality of Kincardine ". We therefore enclose the following: 1. Application to Change Name — Owners; and 2. Acknowledgment and Direction. Please arrange for the Acknowledgment and Direction to be executed by the Mayor and CAO and returned to us so that we may register the Application to Change Name — Owner. BY -LAW NO. 2015-010 In light of the significant changes required to the Drain Agreement, we believe that By- Law No.2015 -010 will either need to be amended to reflect the changes to the Drain Agreement or alternatively it should be repealed and a new By -Law passed authorizing the execution of the "new" Drain Agreement. This should be done once the parties, save and except the Mayor and CAO, have executed the Drain Agreement, in the form attached, and the Acknowledgment and Direction which authorizes our firm to register the Notice /Drain Agreement against title to the subject properties. If you have any questions or concerns related to the above comments, please contact us. We look forward to receiving the executed documents along with a copy of the Amending or New By -Law in the near future. Y u r ruly, &{ \- (0 ma j Tammy W. Grove - McClement TGM/ Enclosures Agreement Drain — Parker Drain made pursuant to Drainage Act, R.S.O. 1990, c.D.17 Date of THIS AGREEMENT made this day of , 201 Agreement BETWEEN: 1058657 Ontario Limited hereinafter referred to Party of the First Part and Robert Sterritt Dufton and Deborah Elizabeth Vera Dufton hereinafter referred to as Party of the Second Part and The Corporation of the Municipality of Kincardine hereinafter referred to as Party of the Third Part and George Frederick Parker and Geraldine Margaret Fedy hereinafter referred to as Party of the Fourth Part (and collectively referred to as "the Parties ") Reference to This agreement is made under the authority of Section 2 of The Drainage Act, RSO, Drainage Act, 1990, c.D.19 RSO, 1990 WHEREAS the Party of the First Part and the Party of the Second Part desired an outlet for a file drainage system for Lots 33, 34, Concession 9 and Lot 34, West Half of 35, Concession 8 and to provide drainage for the road allowance between Concessions 8 and 9 . WHEREAS it was necessary to construct the outlet on the property of the Party of the Fourth Part on Lot 35, Concession 9. All Parties do hereby agree that the work was constructed, will be repaired and will be maintained according to the following conditions: Legal Description 1. The properties affected by this Drainage Agreement are described as follows: of Lands PT LT 33 -34 CON 9 KINCARDINE AS IN R301740; SIT KN16398, R246735; MUNICIPALITY OF KINCARDINE, being all of PIN #33291 -0069 (LT), being the property of the Party of the First Part. and LT 34 CON 8 KINCARDINE EXCEPT PT 1 3R8920; PT LT 35 CON 8 KINCARDINE AS IN R280213; S/T R280213E; MUNICIPALITY OF KINCARDINE, being all of PIN #33298 -0074 (LT), being the property of the Party of the Second Part. and FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373. R73860; KINCADRINE, being all of PIN #33291 -0002 (LT), being the property of the Party of the Third Part and PT LT 35 CON 9 KINCARDINE AS IN R108850 EXCEPT PT 8 3R5261, S/T DEBTS IN R108850; S/T KN16399, R246736; KINCARDINE, being all of PIN #33291 -0068 (LT), being the property of the Party of the Fourth Part. Parker Drain Agreement -2- Description of The downstream end of the drainage system outlets to Bruce County Road 1 Drainage Works (N= 489148.7 E= 467137) on the land of Party Four. There is a 15 inch (375 mm) diameter tile that extends south west towards the Concession 9 road through the property of Party Four. There are two catch basins installed near the south side of the property of Party Four, one at the end of the 15 inch diameter tile and one as an offset catch basin located approximately 20 feet from (N= 4891332.8 E= 466669.9) the tile drain and connected with a 12 inch (300 mm) diameter tile. There is an open ditch extension from the Concession 9 road culvert crossing to the catch basin as well as a ditch from the property of Party One. The drain on the property of the Party of the Fourth Part is constructed of 512 m (1680 feet) of 375 mm diameter perforated plastic agricultural tile approximately 0.9 metres varying below the ground surface. The outlet is a corrugated plastic pipe with a rodent grate. There is a six inch perforated tile from the West Half of Lot 35, Concession 8 connected to the catch basin at the end of the drain. Construction Construction of the drain took place in late July 2013. Cost of The approximate cost of the drainage works is $15,835.82. Construction of Drainage Works Apportionment of The entire cost of the construction of the drain shall be paid in the following Costs proportions: 50% - Party of the Third Part 25% - Party of the First Part 25% - Party of the Second Part Maintenance All four Parties shall have access along the drain route for any future maintenance. All four Parties shall have access to the drain for an outlet. Any two of the four Parties must agree upon all future maintenance of the drain. Any future maintenance shall be paid in equal proportions between Party of the First Part, Party of the Second Party and Party of the Third Part. This agreement herein contained when executed by the Parties hereto, shall be registered in the proper Registry Office and any costs shall be borne by the Corporation of the Municipality of Kincardine (Party of the Third Part). The provisions herein contained shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. The parties herein agree that this agreement was entered into and will be effective from the day of , 201 1058657 ONTARIO LIMITED Per: Stanley Eby, Pre ' nt I have authority to bind the Corporation. Parker Drain Agreement -3- Robert itness Sterritt Dutton t d , t 4p 7 itness Deborah Elizabeth Ve'a Dufton THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE , Per: o - LTesti nne Eadie, Mayor Per: CR Murray Clarke, CAO We have authority to bind the Corporation. 4 W itness GeorgeFrick Parker A 1.1 Stiff `� h itness Geraldine Marg ret Fedy ACKNOWLEDGEMENT AND DIRECTION TO: Tammy Grove - McClement (Insert lawyer's name) AND TO: Van De Vyvere & Grove - McClement LLP (Insert firm name) RE: Application to Change Name ('the transaction ") (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I /We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I /we understand that I /we are parties to and bound by the terms and provisions of the Documents to the same extent as if I /we had signed them; and • I /we are in fact the parties named in the Documents and I/we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the and described above. ❑ A Charge of the land described above. • Other documents set out in Schedule "B" attached hereto. Dated at Murucli‘' OP , this day of � ly , 20 I b. KIncrdtric WITNESS (As to all signatures, if required) e0V1 rt e? et st A Q_ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ANNE ADIE, MAYOR T M URRAY CLARKE, CAO we. t 40 o r4 clac•pQVA A sm.. LRO # 3 Application To Change Name - Owners In preparation on 2015 11 16 at 08:37 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 'Properties PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address I Party From(s) Name THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF KINCARDINE Acting as a company Address for Service 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6 I Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF Registered Owner KINCARDINE Acting as a company Address for Service 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6 This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This document is not authorized under Power of Attorney by this party. I Statements The name has changed as a result of a municipal restructuring order and this statement is made for no improper purpose. Schedule: Pursuant to a municipal restructuring order under Subsection 25.2 (6) (b) of the Municipal Restructuring Act, dated January 30, 1998 and effective January 1st, 1999 The Municipal Corporation of the Township of Kincardine was amalgamated under the name The Corporation of the Town of Kincardine - Bruce- Tiverton. Pursuant to Bill Pr 15 effective December 23, 1999 the name of The Corporation of the Township of Kincardine - Bruce - Tiverton was changed to The Corporation of the Municipality of Kincardine. The Corporation of the Municipality of Kincardine is the Public Authority Having Jurisdiction over the lands described in PIN 33291 -0002 (LT). I File Number Party From Client File Number : 16795 Applicant Client File Number : 16795 ACKNOWLEDGEMENT AND DIRECTION TO: Tammy Grove - McClement (Insert lawyer's name) AND TO: Van De Vyvere & Grove - McClement LLP (Insert firm name) RE: Notice - Agreement Drain - Parker Drain ('the transaction ") (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me/us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I /we understand that I /we are parties to and bound by the terms and provisions of the Documents to the same extent as if I /we had signed them; and • I/we are in fact the parties named in the Documents and I /we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: O A Transfer of the land described above. ❑ A Charge of the land described above. Other documents set out in Schedule "B" attached hereto. Dated at Munk C \pQ \k OP , this �© day of J LA'■.1 , 201h . �i r1CCfdlfl e 1 WITNESS (As to all signatures, if required) it ARNIM THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ANNE EADIE, MAYOR CV✓ MURRAY CLARKE, CAO Wa. a (k nvH t1 +0 bind +4 ccir por ch or . LRO # 3 Notice In preparation on 2015 12 16 at 11:47 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 I Properties PIN 33291 - 0069 LT Description PT LT 33 -34 CON 9 KINCARDINE AS IN R301740; SIT KN16398, R246735; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33298- 0074 LT Description LT 34 CON 8 KINCARDINE EXCEPT PT 1 3R8920; PT LT 35 CON 8 KINCARDINE AS IN R280213; S/T R280213E; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address KINCARDINE PIN 33291 - 0068 LT Description PT LT 35 CON 9 KINCARDINE AS IN R108850 EXCEPT PT 8 3R5261; S/T KN16399, R246736; MUNICIPALITY OF KINCARDINE Address 22 CONCESSION 9 KINCARDINE I Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. I Party To(s) Capacity Share Name 1058657 ONTARIO LIMITED Acting as a company Address for Service R.R. #5 Kincardine, ON N2Z 2X6 I, Stanely Eby - President, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name DUFTON, ROBERT STERRITT Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. LRO # 3 Notice In preparation on 2015 12 16 at 11:47 This document has not been submitted and may be incomplete. ' yyyy mm dd Page 2 of 2 l Party To(s) Capacity Share Name DUFTON, DEBORAH ELIZABETH VERA Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey by this party. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This document is not authorized under Power of Attomey by this party. Name PARKER, GEORGE FREDERICK Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name FEDY, GERALDINE MARGARET Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedule File Number Applicant Client File Number : 16795 Party To Client File Number: 16795 ACKNOWLEDGEMENT AND DIRECTION TO: Tammy Grove - McClement (Insert lawyers name) AND TO: Van De Vyvere & Grove - McClement LLP (Insert firm name) RE: Notice - Agreement Drain - Parker Drain ('the transaction ") (Insert brief description of transaction) This will confirm that: • 1/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the "Documents "), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I /we understand that I /we are parties to and bound by the terms and provisions of the Documents to the same extent as if I /we had signed them; and • I/we are in fact the parties named in the Documents and I /we have not misrepresented our identities to you. • 1, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. Other documents set out in Schedule "B" attached hereto. Dated at MunicIp `jki}y, oC , this Up day of , 201 b . Kr nci✓rdin e 11 WITNESS (As to all signatures, if required) 1058657 ONTARIO LIMITED STANLEY EBY - PRE ENT Z have, auit r . ‘Nf\c1 cor - yac -\ . LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 I Properties PIN 33291 - 0069 LT Description PT LT 33 -34 CON 9 KINCARDINE AS IN R301740; S/T KN16398, R246735; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33298- 0074 LT Description LT 34 CON 8 KINCARDINE EXCEPT PT 1 3R8920; PT LT 35 CON 8 KINCARDINE AS IN R280213; SIT R280213E; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address KINCARDINE PIN 33291 - 0068 LT Description PT LT 35 CON 9 KINCARDINE AS IN R108850 EXCEPT PT 8 3R5261; SIT KN16399, R246736; MUNICIPALITY OF KINCARDINE Address 22 CONCESSION 9 KINCARDINE I Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey by this party. This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. I Party To(s) Capacity Share Name 1058657 ONTARIO LIMITED Acting as a company Address for Service R.R. #5 Kincardine, ON N2Z 2X6 1, Stanely Eby - President, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name DUFTON, ROBERT STERRITT Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 2 of 2 'Party To(s) Capacity Share Name DUFTON, DEBORAH ELIZABETH VERA Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This document is not authorized under Power of Attomey by this party. Name PARKER, GEORGE FREDERICK Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey by this party. Name FEDY, GERALDINE MARGARET Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. I statemets This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedule File Number Applicant Client File Number : 16795 Party To Client File Number : 16795 ACKNOWLEDGEMENT AND DIRECTION TO: Tammy Grove - McClement (Insert lawyer's name) AND TO: Van De Vyvere & Grove - McClement LLP (Insert firm name) RE: Notice - Agreement Drain - Parker Drain ('the transaction ") (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the "Documents "), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I /we understand that I/we are parties to and bound by the terms and provisions of the Documents to the same extent as if 1 /we had signed them; and • I /we are in fact the parties named in the Documents and I /we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. Other documents set out in Schedule "B" attached hereto. Dated at i"Aun t' OP , this (® day of SU y 20110 KV‘C,OCOInt. WITNESS (As to all signatures, if required) at 4- L- ROBERT STERRITT DUFTON 1uath ) DEBORAH ELIZABETH V DUFTON LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 I Properties PIN 33291 - 0069 LT Description PT LT 33 -34 CON 9 KINCARDINE AS IN R301740; SIT KN16398, R246735; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33298 - 0074 LT Description LT 34 CON 8 KINCARDINE EXCEPT PT 1 3R8920; PT LT 35 CON 8 KINCARDINE AS IN R280213; S/T R280213E; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address KINCARDINE PIN 33291 - 0068 LT Description PT LT 35 CON 9 KINCARDINE AS IN R108850 EXCEPT PT 8 3R5261; S/T KN16399, R246736; MUNICIPALITY OF KINCARDINE Address 22 CONCESSION 9 KINCARDINE I Consideration Consideration $ 1.00 Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. I Party To(s) Capacity Share Name 1058657 ONTARIO LIMITED Acting as a company Address for Service R.R. #5 Kincardine, ON N2Z 2X6 I, Stanely Eby - President, have the authority to bind the corporation This document is not authorized under Power of Attomey by this party. Name DUFTON, ROBERT STERRITT Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. • LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 2 of 2 Party To(s) Capacity Share Name DUFTON, DEBORAH ELIZABETH VERA Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This document is not authorized under Power of Attorney by this party. Name PARKER, GEORGE FREDERICK Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name FEDY, GERALDINE MARGARET Acting as an individual Address for Service 22 Concession 9 R.R.#5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. 1 Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedule File Number Applicant Client File Number : 16795 Party To Client File Number : 16795 t , ACKNOWLEDGEMENT AND DIRECTION TO: Tammy Grove - McClement (Insert lawyer's name) AND TO: Van De Vyvere & Grove - McClement LLP (Insert firm name) RE: Notice - Agreement Drain - Parker Drain ('the transaction ") (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I /We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me/us, and I /we understand that I /we are parties to and bound by the terms and provisions of the Documents to the same extent as if I /we had signed them; and • I/we are in fact the parties named in the Documents and I /we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the and described above. Other documents set out in Schedule 'B" attached hereto. Dated at VlurliCtpQ\l' c1 , this (t) day of 5U l' , 20 16. K► r\cordine WITNESS (As to all signatures, if required) ^ ^ ` 0 42/3/ Q0 l GEORGE FREDERICK PARKER cr. GERALDINE MARe ET FED • LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 I Properties PIN 33291 - 0069 LT Description PT LT 33 -34 CON 9 KINCARDINE AS IN R301740; S/T KN16398, R246735; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33298 - 0074 LT Description LT 34 CON 8 KINCARDINE EXCEPT PT 1 3R8920; PT LT 35 CON 8 KINCARDINE AS IN R280213; SIT R280213E; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25 -29, 31 -35 CON 9 KINCARDINE AS IN R80568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address KINCARDINE PIN 33291 - 0068 LT Description PT LT 35 CON 9 KINCARDINE AS IN R108850 EXCEPT PT 8 3R5261; S/T KN16399, R246736; MUNICIPALITY OF KINCARDINE Address 22 CONCESSION 9 KINCARDINE 1 Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. I Party To(s) Capacity Share Name 1058657 ONTARIO LIMITED Acting as a company Address for Service R.R. #5 Kincardine, ON N2Z 2X6 1, Stanely Eby - President, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name DUFTON, ROBERT STERRITT Acting as an individual Address for Service 345 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey by this party. . LRO # 3 Notice In preparation on 2015 12 17 at 10:00 This document has not been submitted and may be incomplete. yyyy mm dd Page 2 of 2 Party To(s) Capacity Share Name DUFTON, DEBORAH ELIZABETH VERA Acting as an individual Address for Service 345 Concession 9 R.R.#5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This document is not authorized under Power of Attomey by this party. Name PARKER, GEORGE FREDERICK Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. Name FEDY, GERALDINE MARGARET Acting as an individual Address for Service 22 Concession 9 R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedule File Number Applicant Client File Number: 16795 Party To Client File Number : 16795 LRO # 3 Application (General) In preparation on 2016 07 25 at 08:46 This document has not been submitted and may be Incomplete. yyyy mm dd Page 1 of 1 I Properties PIN 33291 - 0002 LT Description FIRSTLY RDAL BTN CON 8 AND CON 9 KINCARDINE ABUTTING LT 21 TO 35; PT LT 24 CON 9 KINCARDINE; PT LT 23 CON 8 KINCARDINE AS IN R74380; SECONDLY, PT LT 24 CON 8 KINCARDINE; PT LT 25 -28, 30 -33, 35 CON 8 KINCARDINE; PT LT 21 -23, 25-29, 31 -35 CON 9 KINCARDINE AS IN RB0568, R80564, R80563, R80562, R74389, R74388, R74386, R74385, R74384, R74383, R74378, R74377, R74376, R74375, R74374, R74373, R73860; KINCARDINE Address KINCARDINE Applicant(S) Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document Is being authorized by a municipal corporation Anne Eadie, Mayor and Murray Clarke, CAO. This transaction is not subject to any writs of execution. Execution search(s) completed on YYYY/MM/DD. Clear execution No(s) *"* against The Municipal Corporation of the Township of Kincardine. I Tammy Grove- McClement confirm the appropriate party(ies) were searched. Statements Schedule: See Schedules I File Number Applicant Client File Number : 16795 LAND TITLES ACT APPLICATION TO AMEND REGISTER SECTION 75 OF THE ACT The Corporation of the Municipality of Kincardine hereby applies under Section 75 of the Land Titles Act to have the register for PIN 33291 -0002 (LT) amended by being entered as the owner. The evidence of this application consists of the following: 1) The Solicitor's statement. I, Tammy W. Grove - McClement, solicitor, state that: 1) The lands described in PIN 33291 -0002 (LT) were conveyed to The Municipal Corporation of the Township of Kincardine by the following Instruments: R73860 registered December 11, 1969, R74373 registered January 12, 1970, R74374 registered January 12, 1970, R74375 registered January 12, 1970, R74376 registered January 12, 1970, R74377 registered January 12, 1970, R74378 registered January 12, 1970, R74380 registered January 12, 1970, R74383 registered January 12, 1970, R74384 registered January 12, 1970, R74385 registered January 12, 1970, 1174386 registered January 12, 1970, R74388 registered January 12, 1970, R74389 registered January 12, 1970, R80562 registered November 3, 1970, R80563 registered November 3, 1970, R80564 registered November 3, 1970, R80568 registered November 3, 1970. 2) Pursuant to a municipal restructuring order under Subsection 25.2 (6) (b) of the Municipal Restructuring Act dated January 30, 1998 and effective January 1st, 1999 The Municipal Corporation of the Township of Kincardine was amalgamated under the name "The Corporation of the Town of Kincardine - Bruce - Tiverton ". 3) Pursuant to Bill Pr 15 effective December 23, 1999 the name of The Corporation of the Township of Kincardine- Bruce- Tiverton was changed to The Corporation of the Municipality of Kincardine. 4) The Corporation of the Municipality of Kincardine is the Public Authority Having Jurisdiction over the lands described in PIN 33291 -0002 (LT).