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HomeMy WebLinkAboutBRU 87 008 Wolfgang Kraatz THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-8 BEING A BY-LAW requesting the order pursuant to Section 56 of amendments thereto. Kinister of Housing to make an the Planning Act, 1983 and NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: That the Kinister of Housing is hereby requested to make an order pursuant to Section 56 of the Planning Act, 1983, and amendments thereto in respect to Lot 13, Plan 485, in the Township of Bruce, in the County of Bruce to provide that the contravention of the Planning Act, R.S.O. 1970, Chapter 349 or a predecessor thereof or of a by-law passed under a predecessor of Section 29, does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the said land. This by-law is passed on attached hereto as Schedule Kraatz and Inge Kraatz. the condition that the Agreement "A" shall be entered into by Wolfgang The Clerk be and is hereby instructed to forward a certified copy of this By-law and such other material as may be required to the Kinister of Housing upon the execution of the Agreement attached hereto as Schedule "A" and upon receipt of all the monies payable pursuant to the said Agreement. By-law introduced and read a First time this FOURTH day of KARCH, 1987. By-law read a Second time this FOURTH day of KARCH, 1987. By-law read a Third time and finally passed, signed, sealed, and numbered 87-8 this FOURTH day of KARCH, 1987. . ~/ ¿~ r:> / REEVE SEAL - - SCHEDULE "A" THIS AGREEKENT made this day of , 1987. . ""'--- BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BRUCE, (hereinafter the "Corporation") - and - WOLFGANG KRAATZ and INGE KRAATZ (hereinafter the "Applicants") WHEREAS the Applicants purport to be the registered owners of Lot 13, Plan 485, in the Township of Bruce, in the County of Bruce, by virtue of a Deed dated November 23, 1967, and registered Karch 14, 1968, and which Deed is in breach of the provisions of The Planning Act of Ontario. AND WHEREAS the Applicants wish to pursuant to Section 56 of The Planning Act, validating the title of the Applicants. make an application 1983, for an order AND WHEREAS the Applicants have applied to the Corporation to have the Council pass a By-law as required by Section 56 of The Planning Act, and the Council as a condition to the passage of the By-law, required, among other things, that this Agreement be entered into by the Applicants with the Corporation. NOW THEREFORE, in contained herein and the Corporation of the money as agree to all of the matters consideration of the mutual covenants payment by the Applicants to the provided hereby, the parties hereto hereinafter set forth. 1. The Applicants shall pay to the Corporation the sum of TWO THOUSAND ($2,000.00) DOLLARS to be held by the Corporation in trust for the owners from time to time of Lot 13, Plan 485, and which money shall be kept in an interest bearing account, and which sum shall be the Applicants' contribution to the cost of bringing Red Pine Street in Plan 485, to a standard acceptable to the Corporation. In the event the required work to bring Red Pine Street to an acceptable standard is not commenced within 20 years of the date of this Agreement, the sum of TWO THOUSAND ($2,000.00) DOLLARS together with the interest thereon shall be returned to the Applicants or their successors in title on the twentieth anniversary of the date of this Agreement. -- THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-8 PAGE 2 (SCHEDULE "A") 2. The Applicants, their successors and assigns agree that they will not Join in any petition to have the public funds expended on Red Pine Street and without limiting the generality of the foregoing will not request the Corporation to perform road maintenance, snow removal, repairs or construction on Red Pine Street until such time as Red Pine Street is assumed into the Corporation's roadway system by by-law. The Applicants acknowledge that a portion of Red Pine Street being southerly from Spruce Lane is not an assumed road of the Corporation and is used at the sole risk of the user. 3. The Applicants shall pay to the Corporation for public purposes the sum of ONE HUNDRED AND FIFTY ($150.00) DOLLARS and the sum of FIVE HUNDRED ($500.00) DOLLARS as an allowance for disbursements, administrative charges, legal fees and disbursements. 4. Upon the execution of this Agreement, and the payment of the money herein provided, the Corporation will cause its Clerk to forward to the Kinister of Housing a certified copy of a By-law requesting the Kinister to issue an order under Subsection 56(1) of The Planning Act, 1983. 5. This Agreement shall be registered in the Land Registry Office on the title to Lot 13, Plan 485 and shall be binding upon the parties hereto and their respective heirs, successors and assigns and shall be deemed to run with the land to the extent that each and every registered owner, encumbrancer and otherwise shall have the benefit or detriment of this Agreement. . IN WITNESS WHEREOF the Corporation has affixed its seal attested by the hands of its proper officers, duly authorized in this respect. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-8 PAGE 3 (SCHEDULE "å") THE CORPORATION OF THE TOWNSHIP OF BRUCE "Ronald Andrews" Deputy-Reeve "C. J. Ellis" Clerk-Treasurer SIGNED, SEALED AND DELIVERED in the presence of "Wolfgang Kraatz" WITNESS the hands and seals of WOLFGANG KRAATZ and INGE KRAATZ. Wolfgang Kraatz Joe Reichenbach "Inge Kraatz" Inge Kraatz -. 'w ~ Provlnee 01 ........ r .p.' Ontario I . " ~ Z o w rn :l w o u: LI.. o ~ ... 238627 ~mberr ................................... ...... ..... ~T.l.F.lCAIE Of R.EGiSTR'AIION '87 SEP 28 All :28 liHUcl A D L ...L1. J _.. _ NO.1 ~,~ WAI.KIRTONLand Registrar New property Identifiers Document General Fonn 4 - unci Reglstl1lllon Retonn Act, 1984 OYE a OURHAM eo. l...ITEO Form No. 985 o (1) R9trY IB (3) Property 1_11Ifttr( I) I.Iind T..... 0 T (2) Page 1 of 4 pages Block Property Additional; See 0 SChedule (4) Na"... or DOCUlMftt Agreement made pursuant to Section 56 of The Planning Ac t, 1983. (8) o.crIptlon Lot 13, Plan 485 in the Township of Bruce, in the County of Bruce. Additional: ~hedule D I Execution. Additional: See Schedule (8) ThII Document provldel .. followl: Agreement attached. ( (9) this Document ........ to InItrument number(.) (10) Party(leI) (Set out Status or Interest) Name(s) D (7) 1111I Document Cona.lnl: (a) Redescription New Easement PlanlSketch D Dollars $ (b) Schedule tor: Additional Description D Parties D Other ~ Continued on Schedule D ) Slgnature(s) Date of Signature Y M 0 I " I !! . . . . . " . . . . . . ., . . . . . . . . . .. . . ... . . . ! ... . . !.. .1. . . I " , : i I " . " .........~....................!.....;...!... . .. .. . .Ii./.~. .~..:: <fk:J....... \ ~?~!.l ~?l~~. I I I i i i THE CORPORATION OF THE TOWNSHIP OF BRUCE By its solicitor, Robert Eby Forsyth . . . . . . . . . . . . . . . . . . . . . . . . to . . .. . . . . .. . t . . . . . . . . . . (11) Addres. for Service c/o FORSYTH & DRURY, (12) Party(lee) (Set out Status or Interest) Name(a) - -- KRAATZ, Wolfgang KRAATZ, Inge (13) Ad.... for IervIoe Icf4f' ~/?1 ~I (14) Municipal Add,... of Property Not Assigned. 10174 (12184) 243 High Street, P.O. Box 779, Southampton, Ontario -5lgnature(s) NOH 2LO Date of Signature Y M 0 I ! I ! ! I,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . r . . '.' . . : I . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r .. .. . .. ,o. "I" t . , , I , I , , , : 1 . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . r . . . .. .. .1" . .. . , . I , I , I , , , , tt; /lL- KLZ/L/~ (15) Document P......- by: Robert Eby Forsyth FORSYTH & DRURY 243 High Street, P.O. BOx 779 Southampton, Ontario NOH 2LO l I~ Fees and Tax g Registration Fee J f:, . cFV w rn :l ~ u: u... o IX ~ To'" / f,. ~