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HomeMy WebLinkAboutBRU 87 012 agree O'Connor . 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. /£~fj m L REEVE¿/" SEAL . - THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-12 (SCHEDULE "A") PAGE 2 SCHEDULE "A" --. 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. . 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. ..- 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 .