The URL can be used to link to this page

Home My WebLink About16 090 Repeal By-law 2007-132 Murray E. Ibbotson pt lot 5 con 9 pt lt 5 con 10 (Enbridge) Site Plan THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT�y ,t14700 OF K10 BY -LAW NO. 2016 - 090 BEING A BY -LAW TO REPEAL BY -LAW NO. 2007 -132; BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH MURRAY EUGENE IBBOTSON AND ENBRIDGE ONTARIO WIND POWER LP (Pt Lt 5, Con 9, Pt Lt 5, Con 10, Bruce) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; • AND WHEREAS on July 11, 2007 Council passed By -law No. 2007 -132, the Murray E. Ibbotson (Enbridge) (Pt Lt 5, Con 9, Pt Lt 5, Con 10 Bruce) Site Plan Agreement By -law, with Murray Eugene Ibbotson and Enbridge Ontario Wind Power LP, for that property located at Part Lot 5, Concession 9 Bruce; Part Lot 5 Concession 10 Bruce as in R325720; Municipality of Kincardine in the County of Bruce; AND WHEREAS the owners have requested that the above noted Site Plan Agreement be repealed and removed from title; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine repeal By -law No. 2007 -132. 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine any necessary documentation. • 3. This by -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Repeal of By -law No. 2007 -132, the Murray E. Ibbotson (Enbridge) (Pt Lt 5, Con 9, Pt Lt 5, Con 10 Bruce) Site Plan Agreement By -law" READ a FIRST and SECOND TIME this 13th day of July, 2016. READ a THIRD TIME and FINALLY PASSED this 13th day of July, 2016. Ak 1 Mayor Deputy Clerk • • ACKNOWLEDGEMENT AND DIRECTION TO: James Louis Laschuk (Insert lawyer's name) AND TO: LASCHUK& FARR (Insert firm name) RE: Discharge of Site Plan Agreement ('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. O A Charge of the land described above. O Other documents set out in Schedule"B"attached hereto. Dated at Kincardine ,this 1:5111 day of July 2016_ WITNESS (As to all signatures, if required) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Anne Eadie - or (r Murray Clarke - Chief Administrative Officer LRO# 3 Discharge Of An Interest In preparation on 2016 07 06 at 08:52 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33283- 0105 LT Description PT LT 5 CON 10 BRUCE, PT 1 3R9508;MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33283- 0106 LT Description PT LT 5 CON 9 BRUCE; PT LT 5 CON 10 BRUCE AS IN R325720,EXCEPT PT 1 3R9508;S/T EASEMENT IN GROSS OVER PTS 11, 12, 13 3R8615 AS IN BR11254; MUNICIPALITY OF KINCARDINE Address KINCARDINE Document to be Discharged Registration No. Date Type of Instrument BR5556 2007 07 30 Notice Discharging Party(s) This discharge discharges the interest in the selected instrument(s). Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service Municipal Administration Centre 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 I,Anne Eadie Mayor and I Murray Clarke Chief Administrative Officer,have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Statements This document relates to registration no.(s)BR5556 Signed By James Louis Laschuk 282 Durham St. acting for Signed 2016 07 06 Kincardine Applicant(s) N2Z 2Y6 Tel 519-396-3307 Fax 519-396-2137 I have the authority to sign and register the document on behalf of the Applicant(s). 0-C-A/eCt (CO PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER 0 PAGE 1 OF 1 Ontario Service Ontario REGISTRY PREPARED FOR JLaschuk OFFICE N3 33283-0105 (LT) ON 2014/10/06 AT 14:15:24 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT PROPERTY DESCRIPTION: PT LT 5 CON10 BRUCE, PT 1 3R9508; MUNICIPALITY OF KINCARDINE PROPERTY REMARKS; PLANNING AC' CONSENT IN DOCUMENT BR86553. ESTATE/OUALIFIER. RECENTLY: PIN CREATION DATE: FEE SIMPLE DIVISION FROM 33283-D011 2014/06/11 LT CONVERSION QUALIFIED OWNERS' NAMES CAPACITY SHAR$ 1154499 ONTARIO LIMITED CERT/ REG. NUN. DATE INSTRUMENT TYPE j AMOUNT PARTIES FROM PARTIES TO CEtRD ** PRINTOUT INCLUDES ALL DOCUMENT T!PES AND DELETED INSTRUMENTS SINCE: 2014/06/11 ** **SUBJECT, N FIRST REGISTRATION UND7R THE LAND TITLES ACT, 10: *` SUBSECTION 44(1) OF THE 19ND TITLES ACT, EXCEPT PI! GRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES * `* AND ESCHEAT OR FORFEITUJE TO THE CROWN. ** THE RIGHTS F ANY PERSON WHO WOJLD, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF IT THROUGH ENGTH OF ADO'RSE POSSESSION, PRESCRIP ION, MISDESCRIPTION OR BOUNDARIES SETTLED BY I m "* CONVENTION. G C ** 1ANY LEASE T WHICH THE SUBBSECTION 70(2) OF THE REGISTRY ACT APPLIES. C **DATE OF CONVERSION T LAND TITLES: 2006/10/23 ** 0 BR5556 2007/07/30 NOTICE THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE IBBOTSON, MURRAY EUGENE C N ENBRIDGE ONTARIO WIND POWER LP 0 RE RICE: SITE AGREEMENT' S 0 3R9508 2013/09/17 PLAN REFEREN CE C N A BR81518 2013/11/13 CHARGE $1,000,000 1154499 ONTARIO LIMITED THE BANK OF NOVA SCOTIA C i BRB6553 2014/06/10 TRANSFER1154499 ONTARIO LIMITED C 0 $1 1154499 ONTARIO LIMITED N REMARKS: PLANNING ACT CONSEB T _ W Z 0 W W 0 0 0 0 0 B NOTE: ADJOINING PROF 'ERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT Y( )UR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. B PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER •� LAND PAGE 1 OF 1 O Ontario 12- Ontario REGISTRY PREPARED FOR JLaschuk OFFICE #3 33283-0106 (LT) ON 2014/10/06 AT 14:25:30 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LT 5 CON 9 BRUCE; PT LT 5 CON 10 BRUCE AS IN R325720, EXCEPT PT 1 3E29508; S/T EASEMENT IN GROSS OVER PTS 11, 12, 13 3R8615 AS IN BR11254; MUNICIPALIT OF KINCARDINE PROPERTY REMARKS: ESTATE/OUP,LIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE DIVISION FROM 33283-0011 2014/06/11 LT CONVERSION QUALIFIED OWNSRS' NAMES CAPACITY SHARE 1154499 ONTARIO LIMITED ROWN CERT/ REG. NUM, DATE INSTRUMENT 'YPE AMOUNT PARTIES FROM I PARTIES TO CHKD ** PRINTO INCLUDES A DOCUMENT TY ES AND DELETED INSTRUMENTS SINCE: 2014/06/11 ** **SUBJECT, N FIRST REG STRATION UNDi2 THE LAND TITLES ACT, O: SUBSECTION (1) OF THE L ND TITLES ACT, EXCEPT P GRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES * IAND ESCHEAT OR FORFEITUF : TO THE CROWN. ** !THE RIGHTS F ANY PERSON WHO WOJLD, BUT FOR THE TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF n ** iIT THROUGH ENGTH OF ADVElSE POSSESSION, PRESCRIP ION, MISDESCRIPTION OR BOUNDARIES SETTLED BY 0 ** '.CONVENTION. � C ** ANY LEASE T WHICH THE SUBSECTION 70(2) OF THE RE ISTRY ACT APPLIES. Z 0 **DATE OF CONVERSION TO LAND TITLES: 2006/10/23 ** N BR5556 2007/07/30 NOTICE THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE IBBOTSON, MURRAY EUGENE C ENBRIDGE ONTARIO WIND POWER LP 0) REMARKS: SITE AGREEMENT C 3R8615 2008/02/07 PLAN REFERENCE C A N BR11254 2008/02/14 TRANSFER EASEMENT $2 IBBOTSON, MURRAY EUGENE 6463002 CANADA INC. C ENBRIDGE ONTARIO WIND POWER LP 0 N BR71577 2012/11/16 TRANS PERSONAL REP $500,000 RUSCH, RHONDA ARLENE 1154499 ONTARIO LIMITED C W TRACEY, WAYNE D 0 0 REMARKS: PLANNING ACT STATEM.TNTS I a BR81518 2013/11/13 CHARGE $1,000,000 1154499 ONTARIO LIMITED THE BANK OF NOVA SCOTIA C W 0 a W 0 NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. FROM <FRI>JUL 22 2016 9:32/ST. 9:32/N..7535067131 P 7 Laschuk & Farr Barristers&Solicitors P.O.Box 69 282 Durham Street Kincardine, Ontario N2Z 2Y6 (519)396-3307 396-3453 James L. Laschuk, B.Corn., LLB. Dennis Laschuk, B.A.(Hons.), LL.B. Fax 396-2137 FAX COVER SHEET DATE: 'Jttl Z 7 TO: LV FIRM: J (� FAX NUMBER: l L Y f v. 0 FROM: James L. Laschuk Dennis Laschuk RE: 49/Z CI T6 P(tJ Ac AA/ i COMMENTS: `7 r r CON !0 1)77A lS :ef)9 e6-64-144 fIul( • TOTAL NUMBER OF PAGE T NSMITTED, INCLUDING THIS PAGE: CONFIRMATION REQUIRED: ,�-, HARDCOPY TO FOLLOW: N` THE INFORMATION CONTAINED IN THIS TELECOPY IS INTENDED ONLY FOR THE USE OF THE RECIPIENT ABOVE. FROM (FRI).JUL 22 2016 9:33/ST. 9:32/No.7535057131 P 2 LRO# 3 Discharge Of An Interest Receipted as BR109459 on 2016 07 22 at 08:47 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 1 Properties PIN 33283- 0105 LT Description PT LT 5 CON 10 BRUCE, PT 1 3R9508; MUNICIPALITY OF KINCARDINE Address KINCARDINE PIN 33283- 0106 LT Description PT LT 5 CON 9 BRUCE; PT LT 5 CON 10 BRUCE AS IN R325720, EXCEPT PT 1 3R9508;SIT EASEMENT IN GROSS OVER PTS 11, 12, 13 3R8615 AS IN BR11254; MUNICIPALITY OF KINCARDINE Address KINCARDINE Document to be Discharged Registration No. Date Type of Instrument BR5556 2007 07 30 Notice Discharging Party(s) This discharge discharges the interest in the selected instrument(s). Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Address for Service Municipal Administration Centre 1475 Concession 5 R.R.#5 Kincardine, ON N2Z 2X6 I,Anne Eadie Mayor and I Murray Clarke Chief Administrative Officer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Statements This document relates to registration no.(s)BR5556 Signed By James Louis Laschuk 282 Durham St. acting for Signed 2016 07 06 Kincardine Applicant(s) N2Z 2Y6 Tel 519-396-3307 Fax 519-396-2137 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By LASCHUK&FARR 282 Durham St. 2016 07 22 Kinrarrlina N2Z2Y6y Tel 519-396-3307 Fax 519-396-2137 Fees/Taxes/Payment Statutory Registration Fee $62.85 Total Paid $62.85 Laschuk & Farr Barristers&Solicitors P.O. Box 69 282 Durham Street Kincardine, Ontario N2Z 2Y6 (519)396-3307 396-3453 James L. Laschuk, B. Com., LL.B. Fax 396-2137 Dennis Laschuk, B.A.(Hons.), LL.B. ror 7 I DATE: July 4, 2016 TO: Emily Dance FIRM: Municipality of Kincardine CITY: Kincardine FROM: Jim Laschuk RE: Complete discharge of Site Plan Agreement Lot 5 Conc 10, Bruce, Municipality of Kincardine COMMENTS:. Further to our recent conversations,enclosed herewith please find the following: 1. Acknowledgement and Direction to be executed and returned to my office for registration; 2. Copy of PIN # 33283-0105 (LT) severed lands; 3. Copy of PIN # 33283-0106 (LT) retained lands; 4. Copy of instrument number BR5556...Site Plan Agreement. I confirm that you advised me that the Site Plan Agreement can now be discharged from moth the severed lands and the retained lands. Yo ' very truly J. A schuk Laschuk & Farr Barristers&Solicitors P.O. Box 69 282 Durham Street Kincardine,Ontario N2Z 2Y6 (519) 396-3307 396-3453 James L. Laschuk, B. Corn., LL.B. Fax 396-2137 Dennis Laschuk, B.A.(Hons.), LL.B. FAX COVER SHEET DATE: June 8, 2016 TO: Michele Barr FIRM: Municipality of Kincardine CITY: FAX NUMBER: 519-396-1430 FROM: Jim Laschuk RE: 1154499 Ontario Limited sale Part Lot 5 Conc 10 Pt1 3R-9508, Kincardine COMMENTS:. I am the solicitor for the vendor in the above transaction. Enclosed please find the following: 1. Copy of Reference Plan 3R-9508 2. Copy of PIN # 33283-0105 (LT) the sale lands 3. Copy of PIN # 33283-0106 (LT) the retained lands 4. Copy of BR5556 Site Plan Agreement BR5556 was originally register on PIN # 33283-0011 (LT) being the entire parcel of land. My client severed off the house being Part 1 on 3R-9508 and registered a Transfer from itself to itself to effect the severance. As a result of the transfer, two NEW PINs were created as enclosed. a essi_ osest'oN1sz:oL 'is/s7.:oL 8Loz S Nn Ca3M) 11O21� My clients desires to remove BR5556 from the severed house lands noted above. The sale is to close June 24, 2016. Could you advise me as to the procedure to remove BR5556 from the severed lands. Thank you.... i --,......,_ TOTAL NUMBER OF ' . GES TRANSMITTED, INCLUDING THIS PAGE: 15 CONFIRMATION REQUIRED: no HARDCOPY TO FOLLOW: No THE INFORMATION CONTAINED IN THIS TELECOPY IS INTENDED ONLY FOR THE USE OF THE RECIPIENT ABOVE. This telecopy may contain privileged, confidential or undisclosed information. If the reader of this telecopy is not the intended recipient or an agent responsible for delivering it to the intended recipient,you are hereby notified that you have received this telecopy in error, and that any review, dissemination, distribution or copying of it is strictly prohibited. If you have received this is error,please notify us immediately by telephone and return the original transmittal to us by mail. Z d esszsos st'�N/EZ:o L 'lsl EZ:O L e LOZ s Nnf(omm> WONA 3.�0t �� I REWIRE THIS PUN TO BE PLAN 3R— 9 So `/ DEPOSITED UNDER WE LAND TITLES Q ACT. RECEIVED ANO DEPOSITED I DATE Scfl<TZA.16.t.°4 DATE SEP 17 21113 N C .1 E DEG- 5. fl\e(rey ' RCNALD F.DORE REPRESENTATIVE FOR LAND REGISTRAR ONTARIO LAND SURVEYOR FOR WE LAND TITLES DMSION .-... .., -.„.�, OF BRUCE(NO.3) TO SCHEDULE OF PARTS PAN .A7287 () -a010 an PART LOT CONCESSKIN RN / ,.' PART OF LOT 6 10 PART CO 33283-0011(LT) 0 I(ONiRSES PART OF PM 33263-Dm1(LT) 00/fAT8'w 0 s0a08'n) / — M60,'70'w 90016'(M) PLAN OF SURVEY maw • AA4.eY OF R II(nee)N.- row e • oh A.... SS 01611)( r7 TO PART OF LOT 5 5.... o CONCESSION 10 ? CO ! GEOGRAPHIC TOWNSHIP OF BRUCE MUNICIPALITY OF KINCARDINE 1 is 8SR RR 00'•9 PART 1 I COUNTY OF BRUCE • CM(INTO) I— 7007' T R.F.DOSE SURVEYING LTD. N593B20'w 1 SCALE: 1 Inch.30 Foot CO 0 10 ZD JO 60 100 feet t s i _ 1v • LEGEND Rq ••i $ \ e ■ FOUND i d ❑ PLANTED R.r,lr NAt • SB SHORT STANDARDT I IRON IAR Pee Form 598 SHORT IRON BAR B ` + IS IRON BAR IB I— N59'36'0019 37&04' tee-T CAI it MKRETE MONUMENT l r NSA uE.SIR D g / CD COLON DIETZ LTD. / NTO MINISTRY Of TRANSPORTATION ONTARIO fJ Q 1169 J.C.MOOD.Oi.S OP DEPORT PLAN No.1427 -- PL PLAN 3R-/560 `` `� /,. SURVEYORS CERTIFICATE g .. 1' - _. I CERTIFY THAT: `� 1.1145 SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH COORDINATES ARE IN METRES ANO BEARNGS ARE UTN ORB),DERIVED FROM 00SERVED (,. 1 THE SURVEYS ACT.THE SURVLTL Is ACT ALA THE LAND TITLES ACT REFERENCE POINTS A AND B.BY REAL TIME NETWORK(RTN)OBSERVATIONS.UTM ZONE 17, I� AO THE REWUTIONS MADE UNDER THEN. NAD63(CSRS)(1997.0)HAVING A GRID BEARING Cr N2914'50'E 2.THE SURVEY WAS COMPLETED ON THE 2919 DAY CO AUGUST.2013. DISTANCES ARE GROUND AND CAN BE CONVERTED TO ORB)BY MULTPLYNG BY 2 (' A COMBINED SCALE FACTOR OF 0.99948 -, S.,ls,.e.A 9.L643 -f) ne DATED RONALD F.DORE FOR BEARING COMPARISONS A ROTATION OF 023'50"(QIIIN OCSE)CAN ONTABO LAIR SURVEYOR BE APPLIED TO BEARINGS FROM PLAN. CM(INTO)Ap OBSERVED REFERENCE POINTS(OR0.):URA ZONE 17.NAD63 (CSRs)((997.0). +.�—, \ i LWI B7mn L'arcses/Pns 9 And 10-Na Fine \ ----_-- COOROINATES TO RURAL ACCURACY PER SEC.14(2)CF O.REG 216/10 ___—_____—_____—__�___—_____—.____._._L4 R8 LLL ------------ PONT ID NORWING EASING 1_I� ROI L',. N61-3A'00-w ! 1 '. RA[F ' ORP A eoe 7S6.e 462 691.0 (7.00'(SET DP) I LOT 5 CON 10 ORP 6 4 909 064.3 463 060.1 - F_ - COORDINATES CANNOT.IN THEMSELVES,BE use TO RE-ESTABUSN -- ''3 - R. F. DORE SURVEYING LTD. CORNERS OR BOUNDARIES SHORN ON THIS PLAN. .. ... C2 __ ONTARIO LAND SURVEYOR BOX 571,932 QUEEN STREET.KINCARDINE IMPERIAL - ONTARIO MOD 2Y2 (SIR)390-349417 O.LS INSTANCES SNOWON TINS PLAN ARE IN FEET AM)CAM RE ._. e. CONVERTED TO METRES BY MULTIPLYING BY 0.3046. (i ./ SCALE I'.50' ALE NA.137978