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.
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SCHEDULE "A"
THIS AGREEKENT made this
day of
, 1987.
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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.
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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
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~T.l.F.lCAIE Of R.EGiSTR'AIION
'87 SEP 28 All :28
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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
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(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
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Slgnature(s) Date of Signature
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
By its solicitor,
Robert Eby Forsyth
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(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
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(14) Municipal Add,... of Property
Not Assigned.
10174 (12184)
243 High Street, P.O. Box 779, Southampton, Ontario
-5lgnature(s)
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Date of Signature
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(15) Document P......- by:
Robert Eby Forsyth
FORSYTH & DRURY
243 High Street, P.O. BOx 779
Southampton, Ontario
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