1995-026 To Authorize the Execution of Mr. & Mrs. McNiven for the maintenance and replacement of a fence along a highway and located on Part of Lot 3 and 4, Concession 8, Township of Oro-Medonte (formerly Oro)
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 95-26
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Being a By-law to Authorize the Execution of an Agreement with Mr.
, Mrs. McNiven for the maintenanoe and replaoement of a fenoe along
a highway and looated on Part of Lot 3 and 4, Conoession a,
Township of Oro-Medonte (formerly Oro) , county of Simooe
WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, section
210(26) provides that council may pass by-laws for prescribing the
height and description of, and the manner of maintaining, keeping
up and laying down, fences along highways.
AND WHEREAS it is deemed expedient to enter into and execute an
Agreement with Mr. & Mrs. McNiven for the manner of maintaining,
keeping up and laying down of a fence being along a highway and
located on Part of Lot 3 and 4, Concession 8, Township of Oro-
Medonte (formerly Oro), County of Simcoe.
NOW THEREFORE the Council of The Corporation of the Township of
Oro-Medonte hereby enacts as follows:
1. That we hereby authorize the entering into and execution of an
Agreement between The Corporation of the Township of Oro-
Medonte and Mr. & Mrs. McNiven, attached hereto as Schedule
"A" and forming part of this By-law.
2. That this by-law shall come into force and have effect on the
final passing thereof.
READ a first and second time this15th day of February
, 1995.
READ a third time and finally passed this 15th day of February
1995.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(-fA___ .<?~
MAYOR IAN BEAR
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atERK DARLENE SHOEBRIDGE
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THE TOWNSHIP OF ORo-1!BDONTE
NEIL AND JEAN SCNIVEN
- AND
THE TO'i1NSHIP OF ORo-SEDONTE
THIS AGREEMENT is entered into as a result of Mr. & Mrs. McNiven being granted
severances on their lands, being Part of Lot 3 and 4, Concession 8, Township of
Oro-Medonte (formerly Oro), County of Simcoe, and the requirement that a three
(3) metre strip of land be deeded to the Municipality for Road Widening purposes.
IT IS AGREED upon that the following will occur.
1. THAT Mr. & Mrs. McNiven will complete the severances including the
condition that a three (3) metre strip of land along the frontage of the
property be deeded to the Municipality, being Severance Files B-3/94 and
B-26/94;
2. THAT the Township will allow the existing fence to remain in its present
location and the McNivens agree to continue to maintain and assume full
responsibility and liability for same;
3. THAT the Township will allow the McNivens to remove at their convenience,
firewood or logs from the lands that will be conveyed to the Township of
Oro-Medonte;
4. THAT in the event that the Township of Oro-Medonte determines to complete
a road widening, it shall give six months notice in writing to the
McNivens. During the six months notice period, the McNivens shall
continue to enjoy the right to remove at their convenience, firewood or
logs from the lands to be conveyed to the Township of Oro-Medonte;
5. THAT the Township of Oro-Medonte agrees that should a road widening occur,
the Township will construct a new, farm fence 8 strand page wire, steel
and wood post or equivalent along the new Boundary Line of the road
allowance and all costs for such fence will be borne by the Township;
6. THAT when the Township completes construction of the new fence it will
belong to the McNivens and the maintenance and liability of the fence will
rest with the McNivens;
7. THAT this Agreement will be binding on the heirs and successors of both
Parties and shall be Registered on Title to the lands in question.
SIGNED IN TRIPLICATE THIS
, 1995.
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DAY OF
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MCNIVEN '
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MCNIVE~", '
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NEIL
JEAN
THE CORPOHATION OF THE TOWNSHIP OF ORO-MEDONTE
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IAN BEARD, MA, OR
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~ARLENE SHOEBRIDGE, CLERK '
ASDEC\MCNIVEN.AGM
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