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Home My WebLink About20 124 Roach Drain Agreement (2020) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2020 - 124 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A MUTUAL AGREEMENT FOR DRAINAGE WORKS (Roach Drain) WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipalHRWYQ@AHJHRWRMPDQNMLCRMKSLHBHN@JHQQSDQ@LCG@QRGDB@N@BHRW"PHFGRQ" powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS under Section 2 of the Drainage Act, RSO 1990 when two or more owners of land desire to construct or improve a drainage works on any of their lands and are willing to pay the cost thereof, they may enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS Roy Ernest Roach & Joyce Lynn Roach desired an outlet for Lot 61, Concession 2 NDR which will affect a portion of Municipal property; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a mutual agreement for the Roach Drain as per Report Public Works-2020-38; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into the Roach Drain Agreement with Roy Ernest Roach & Joyce Lynn Roach and Elmer Albrecht & Sharon Linda Albrecht @RR@BGDCGDPDRM@Q=BGDCSJDZ0\[. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Roach Drain Agreement"@RR@BGDCGDPDRM@Q=BGDCSJDZA\[@LCEMPKHLF part of this By-law as well as any other documentation required. 3. That this By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as RGDZRoach Drain Agreement (2020) By-law\[$ th READ a FIRST and SECOND TIME this 5 day of October, 2020. th READ a THIRD TIME and FINALLY PASSED this 5 day of October, 2020. Kfoojgfs!Mbxsjf Nbzps!Fbejf Tjhofe!xjui!DpotjhoP!Dmpve!)3131021029* Tjhofe!xjui!DpotjhoP!Dmpve!)3131021028* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Mayor Clerk ACKNOWLEDGEMENT AND DIRECTION TO: Tammy W.Grove-McClement AND TO: Grove-McClement&Fischer LLP RE: Municipal Drainage Agreement- Roach PIN 33299-0063(LT) File No.20157 This will confirm the following: 1. We have reviewed the information set out below and attached and the information is accurate. 2. You,your agent or employee are authorized and directed to sign,deliver,and/or register electronically on our behalf the document(s) described in this Acknowledgment and Direction as well as any other document(s)required to complete the transaction described above. 3. You are hereby authorized to insert any information that may be required in the electronic documents described in this Acknowledgment and Direction that may not be available to you at the time of execution of this Acknowledgment and Direction. 4. The effect of the electronic documents described in this Acknowledgment and Direction has been fully explained to us and we understand that we are parties to and are bound by the terms and provisions of these electronic documents to the same extent as if we had signed these documents. 5. We are, in fact, the parties named in the electronic documents described in this Acknowledgment and Direction and we have not misrepresented our identities to you. 6. We hereby authorize you to make any minor,non-material alterations that may be required by the Land Registry Office or any governmental agencies or governmental authorities to effect certification of the electronic documents described in this Acknowledgment and Direction by the Land Registry Office. 7. This Acknowledgment and Direction may be executed in counterpart and each such counterpart shall, for all purposes,constitute one document binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart,provided that each party has signed at least one counterpart. 8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail shall be binding upon each party hereto and upon the party so signing by facsimile or e- mail transmission. DESCRIPTION OF DOCUMENT: Notice—Drain Agreement Date: ,2020. The Corporation of the Municipality of Kincardine C2Per: Cq 1i ame: Anne Eadie Title: yr ybr Per. 411, a6 e:Sharon Chambers Title:CAO We have authority to bind the Corporation. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 1 Ontario ServiceOntario REGISTRY PREPARED FOR Anne0001 OFFICE #3 33299-0063 (LT) ON 2020/08/13 AT 14:27:37 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: RDAL BTN LT 60 AND 61 CON 1 AND 2 NDR KINCARDINE; KINCARDINE PROPERTY REMARKS: ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE FIRST CONVERSION FROM BOOK 2006/10/23 LT CONVERSION QUALIFIED OWNERS' NAMES CAPACITY SCBE THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ROWN CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHRD ** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE 2006/10/20 ** "* NO INSTRUMENT WITHIN THE SELECTED CRITERIA EXISTS IN THE AUTOMATED SYSTEM ** "*SUBJECT, ON FIRST REGISTRATION UNDER THE ,AND TITLES ACT, TO ** SUBSECTION 44(1) OF THE LAND TIT.,ES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES * ** AND ESCHEATS OR FORFEITURE TO THE CROWN. ** THE RIGHTS OF ANY PERSON WHO WOU.,D, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF ** IT THROUGH LENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY ** CONVENTION. ** ANY LEASE TO WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES. **DATE OF OONVERSION TO LAND TITLES: 2006/10/23 ** 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. LRO# 3 Notice In preparation on 2020 12 07 at 15:10 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 IProperties PIN 33299-0081 LT Description PT LT 58-60 CON 2 NDR KINCARDINE AS IN R317490;KINCARDINE Address 453 NORTH LINE KINCARDINE PIN 33299-0082 LT Description LT 61-62 CON 2 NDR KINCARDINE EXCEPT PT 1,3R3547;KINCARDINE Address 383 NORTH LINE KINCARDINE IConsideration Consideration $0.00 IApplicant(s) The notice is based on or affects a valid and existing estate,right,interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Anne Eadie,Mayor and Sharon Chambers,CAO. IParty To(s) Capacity Share Name ALBRECHT,ELMER Acting as an individual Address for Service 453 NORTH LINE RIPLEY,ON NOG 2R0 This document is not authorized under Power of Attorney by this party. Name ALBRECHT,SHARON LINDA Acting as an individual Address for Service 453 NORTH LINE RIPLEY,ON NOG 2R0 This document is not authorized under Power of Attorney by this party. Name ROACH,ROY ERNEST Acting as an individual Address for Service 383 NORTH LINE RIPLEY,ON NOG 2R0 This document is not authorized under Power of Attorney by this party. Name ROACH,JOYCE LYNN Acting as an individual Address for Service 383 NORTH LINE RIPLEY,ON NOG 2R0 This document is not authorized under Power of Attorney by this party. IStatements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: IFile Number Applicant Client File Number: 20157 Party To Client File Number: 20157