HomeMy WebLinkAboutBRU 87 012 agree O'Connor
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-12
BEING A BY-LAW to authorize the
between the Corporation, and Nancy J.
Range, Bruce Township.
entering into an agreement
O'Connor, of Lot 70, Lake
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
1. That the Corporation do enter into an agreement with Nancy
J. O'Connor, which forms part of this by-law, and a copy of
which is hereto attached.
2. That the Reeve and Clerk of the Corporation are hereby
authorized to execute the said agreement on behalf of the
Corporation by their signatures, and the affixing of the
Corporation Seal.
By-law introduced and read a First time this FIRST day of APRIL,
1987.
By-law read a Second time this FIRST day of APRIL, 1987.
By-law read a Third time and finally passed, signed, sealed, and
numbered 87-12 this FIRST day of APRIL, 1987.
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REEVE¿/"
SEAL
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-12 (SCHEDULE "A")
PAGE 2
SCHEDULE "A"
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THIS AGREEMENT made this
day of
1987.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF BRUCE
(hereinafter the "Corporation")
- and -
NANCY J. O'CONNOR,
(hereinafter "O'Connor")
WHEREAS O'Connor is the owner of Lot 70, in the Lake Range of the
Township of Bruce, in the County of Bruce (Lot 70);
AND WHEREAS Lot 70 abuts the original allowance for road along
the shore of Lake Huron in the Township of Bruce, as identified
and confirmed by municipal survey number 826, and registered as
Plan 475 in the Land Registry Office, for the Registry Division
of Bruce on March 28, 1973;
AND WHEREAS the Corporation wishes to establish a highway over
Lot 70 to connect the original Shore Road allowance to the
allowance for road running between the Township of Bruce and the
Township of Saugeen, and a portion of the Shore Road allowance in
front of Lot 70 does not lend itself to be suitable for the
establishment of the road, and it is deemed to be in the public
interest to construct the road over Lot 70, being a portion of
the lands of O'Connor.
AND WHEREAS O'Connor has agreed to provide the necessary land to
layout and establish a new road in place of the Shore Road
allowance.
NOW THEREFORE in consideration of the mutual covenants contained
herein the parties agree as to the matters hereinafter set out.
1. O'Connor shall convey to the Corporation part of Lot 70, as
identified on Schedule "A" attached hereto, and being a
parcel of land 66 feet in width with the westerly line as
presently marked and shown on Schedule "A" hereto provided,
however, that the most westerly limit of such roadway shall
be located, where the roadway crosses the north limit of
said Lot 70, no less than 320 feet east of the northwest
corner of Lot 70.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-12 (SCHEDULE "A")
PAGE 3
2.
The Corporation shall at its expense engage surveyors to
prepare a plan of survey (reference plan) establishing the
location of the proposed road, subJect to the approval of
O'Connor prior to deposit in the Land Registry Office. The
Corporation agrees to instruct the said surveyors to advise
O'Connor where they will attend at the property for the
purpose of laying out the roadway so that she may be in
attendance at that time.
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3. Upon registration of the survey, O'Connor shall convey to
the Corporation the land as marked on the Plan, and being a
parcel sufficient to establish an allowance for road having
a width of 66 feet. Such conveyance shall be deemed a
dedication of land for roadway purposes.
4. The Corporation upon receipt of the conveyance will assume
the roadway by by-law and at its cost, perform all work and
supply materials to make a roadway of standard as determined
by the Corporation.
5. The Corporation shall be responsible for the installation of
the culvert at the Juncture of the Townline and the new
roadway and reimburse O'Connor to the extent of TWO
THOUSAND, FOUR HUNDRED ($2,400.00) DOLLARS for the culvert.
6. It is the intention of the parties that the lands to be
conveyed by O'Connor to the Corporation are to be considered
to be lands appropriated for a highway in place of part of
an original allowance for road, and O'Connor shall be
entitled to a conveyance of the portion of the original
Shore Road allowance to which she is entitled to by virtue
of the provisions of Section 317 of the Municipal Act,
R.S.O. 1980, c. 302 and amendments thereto (Section 317).
7. A portion of the Shore Road allowance that is to be replaced
by the road over Lot 70, is that portion of the allowance
for road which lies northerly of the proJection westerly of
the northerly limit of the proposed road at its intersection
with the easterly limit of the Shore Road allowance to the
point where it intersects the westerly limit of the said
allowance for road.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-12 (SCHEDULE "A")
PAGE 4
IN WITNESS WHEREOF the parties hereto
execution as witness their hands and
properly authorized in that respect.
have completed the
seals of persons
THE CORPORATION OF THE TOWNSHIP OF BRUCE
SIGNED, SEALED AND DELIVERED
in the presence of
Nancy J. O'Connor
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