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1997-099 To Authorize the Executon of an Agreement for Shared Road Access between Huronia Homes Ltd and 1091402 Ontario LtdBY-LAW NO. 97 -99 Being a By-law to Authorize the Execution of an Agreement for Shared Road Access between Huronia Homes Ltd. And 1091402 Ontario Ltd. is WHEREAS draft approval for a registered plan of subdivision on Part of Lot 37, Concession 1, Township of Oro - Medonte, County of Simcce (Oro), known as the Maplehill Estates Subdivision has been obtained from the Ministry of Municipal Affairs and Housing; AND WHEREAS draft approval for a registered plan of subdivision on Part of the East Half of Lot 36, Concession 1, Township of Oro - Medonte, County of Simcoe (Oro), known as the Huronia Homes Ltd. Subdivision has been obtained from the Ministry of Municipal Affairs and Housing; AND WHEREAS 1091402 Ontario Ltd. Is desirous of developing its lands and requires access over the roads to be cut through the lands owned by Huronia Homes Ltd., in trust; AND WHEREAS Huronia Homes Ltd., in trust, is willing to allow 1091402 Ontario Ltd. To enter upon its lands on the roads that have been designated to be cut through thereon for the development of its lands as set out above; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Township of Oro - Medonte a Shared Access Agreement dated November 12, 1997, a copy of which is attached hereto and forms part of this By -law as Schedule "A7. BY -LAW READ A FIRST AND SECOND TINIE, TMSI 9TH DAY OF NOVEMBER. 1997. BY-LAW READ A THH2D TIME AND FINALLY PASSED THIS 19 TH DAY OF NOVEMBER, 1997. ITTR i Mayor - Ian Beard Clerk - Lynda Aiken E THIS INDENTURE OF AGREEMENT dated the 1.1 d day of November, 1997, MADE BETWEEN: HURONIA HOMES LTD., in trust, -and- 1091402 ONTARIO LTD. of the First Part; of the Second Part; THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONfE of the Third Part. WHEREAS Huronia Homes Ltd., in trust, is the owner of lands described as Part of the East Half of Lot 36, Concession 1, being designated as Part 3 & 8, on Reference Plan 51R- 16674, Township of Oro - Medonte, County of Simcoe; AND WHEREAS 1091402 Ontario Ltd. is the owner of lands described as Parcel 37 -1, in the Register for Section 51- Oro -1, being Part of Lot 37, Concession 1, E.P.R., Township of Oro, County of Simcoe, being part 1 on Reference Plan 51R- 23604; AND WHEREAS 1091402 is desirous of developing its lands and requires access over the roads to be cut through the lands owned by Huronia Homes Ltd., in trust; AND WHEREAS Huronia Homes Ltd., in trust, is willing to allow 1091402 Ontario Ltd. to enter upon its lands on the roads that have been designated to be cut through thereon for the development of its lands as set out above; WITNESSETH THAT in consideration of the sum of FIVE DOLLARS ($5.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Huronia Homes Ltd., in trust, Huronia Homes Ltd., in trust does hereby grant to 1091402 Ontario Ltd. the right of access and egress over the roads presently located through the lands owned by Huronia Homes Ltd., in trust, for the development of the lands owned by 1091402 Ontario Ltd. Huronia Homes Ltd., in trust, shall convey to the Corporation of the Township of Oro - Medonte, in fee simple, without encumbrances, the lands described as Part of the East Half of Lot 36, Concession 1, being designated as Parts 3 and 8 on Reference Plan 51R- 16674, Township of Oro - Medonte, County of Simcoe, specifically, those lands upon which there are located two access roads, running from R "et�ae�l Road, as shown in ~'( Schedule "A" attached hereto, within 30 days of a written request provided by The Corporation of the Township of Oro - Medonte. 1091402 shall save and hold harmless The Corporation of the Township of Oro - Medonte from any claims, actions or proceedings arising from or in relation to use and ownership of the two access roads described above. The Township makes no representation or commitment that it shall at any time acquire the roadway lands for the purposes of a public highway or to permit access into the lands of 1091402 Ontario Ltd.; Huronia Homes Ltd., in trust, and 1091402 Ontario Ltd. shall permit The Corporation of the "Township of Oro - Medonte and its agents access and egress over the roadway lands for the purposes of inspection, construction, rectification, and maintenance, if required, of the roadway lands and to permit access into the lands of 1091402 Ontario Ltd. for the aforementioned purposes. Is HURONI I Per: IOMES LTD., intrust ,/ r Luigi Orsi, A. .0. 1091402 ONTARIO LTD. Per: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE o Per: a�v5�