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An Act to Validate By-Law No. 3678 of The Rural Municipality of St. Andrews

S.M. 1987-88, c. 52

An Act to Validate By-Law No. 3678 of The Rural Municipality of St. Andrews

(Assented to July 17, 1987)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

By-Law validated.

1

By-law N° 3678 of the Rural Municipality of St. Andrews, a copy of which is set out in the Schedule and every clause, matter and thing therein contained and all things done or to be done under the authority of the by-law or for the purpose of carrying the by-law into effect including, without restriction, the entering into and execution of the agreement referred to in and forming part of By-law N° 3678 and, pursuant to the agreement, the obligation assumed by the Rural Municipality of St. Andrews to hold all of the real property referred to in the agreement in perpetuity for use in accordance with the agreement is and are hereby validated and made binding in all respects upon the Rural Municipality of St. Andrews and the ratepayers thereof and all parties affected thereby as fully to all intents and purposes as if the provisions of the by-law had been enacted by the Legislature.

By-Law within power of rural municipality.

2

By-law N° 3678 of the Rural Municipality of St. Andrews is hereby declared to have been within the power of the Council of the Rural Municipality of St. Andrews to enact, and neither the validity of the by-law nor the agreement referred to therein shall be questioned in any action, suit or proceeding in any court for any cause whatsoever.

No repeal or amendment by rural municipality.

3

By-law N° 3678 shall not be repealed or amended by the council of the Rural Municipality of St. Andrews or by any future council or by any successor municipality or local authority.

Commencement of Act.

4

This Act comes into force on the day it receives the royal assent.


SCHEDULE A

RURAL MUNICIPALITY OF ST. ANDREWS

BY-LAW N°3678

A by-law of The Rural Municipality of St. Andrews to approve an agreement between Margaret Larter and Kathleen Ethel Larter and The Rural Municipality of St. Andrews dated September 16, 1986, the substance of which is as follows:

WHEREAS the Donors' family has been resident in the Rural Municipality of St. Andrews since the Donors' parents Free Larter and Elizabeth Fulsher Larter established their original homestead in St. Andrews along the banks of the Red River;

AND WHEREAS the Larter family has been very active in the community life of St. Andrews;

AND WHEREAS the Donors' father, Free Larter, served as the Reeve of the Rural Municipality of St. Andrews from 1916 to October, 1936;

AND WHEREAS the site of the Larter homestead has significant historical importance which is recognized by and of interest to many historical societies, universities and all levels of government;

AND WHEREAS the site of the Larter homestead is ideally suited for development as a park and for recreation purposes for the enjoyment of the residents of the Rural Municipality of St. Andrews;

AND WHEREAS the Donors wish to commemorate the memory of their parents, brothers and sister and their contribution to their community and to the Rural Municipality of St. Andrews;

NOW THEREFORE WITNESSETH that in consideration of the premises and the terms and conditions hereinafter contained the Donors agree to and do hereby grant and donate unto the Donee all of their right, title and interest in that parcel of land comprising approximately 70.354 acres (hereinafter referred to as the "Land") as specifically described and shown outlined in red as "Parcel B" on the plan attached as a schedule to this agreement. This grant is subject to and conditional upon the following terms and conditions:

1.

The Land when conveyed to the Donee shall be held by the Donee in perpetuity and used only for park and recreation purposes including without limitation to the generality of the foregoing:

(a) picnics and family gatherings;

(b) historical excavations and digs;

(c) tours;

(d) a golf course;

(e) nature and hiking trails;

(f) sporting grounds for community sporting activities; but not to include temporary, seasonal or permanent camping or tenting locations or facilities.

2.

The Donee shall develop and may thereafter redevelop the Land or cause it to be developed or redeveloped for such park or recreation purpose or purposes that the Donee may determine is from time to time most beneficial for its residents and most proper and appropriate given the nature of this grant and donation.

3.

The Donee shall at all times maintain the Land to a standard properly and reasonably compatible with its use and consistent or better than the standard of any land similarly used within the Rural Municipality of St. Andrews.

4.

The Donee shall at all times employ good husbandry and maintain the Land free of noxious weeds and in a condition suitable for its use as a park.

5.

The Donee shall maintain all buildings and structures now or hereafter erected upon the Land in a state of good repair.

6.

The Land and any park or recreational activity established thereon shall henceforth in perpetuity bear the name Larter in commemoration of the contribution of Free Larter and Elizabeth Fulsher Larter to the development of the Rural Municipality of St. Andrews.

This grant is further subject to the conditional upon confirmation, ratification and approval of this agreement and all of its terms by Special Act of the Legislature of the Province of Manitoba and without limitation such Act must confirm the power, authority and jurisdiction of the Donee to accept this donation in perpetuity and bind itself in perpetuity to fulfill the terms and conditions on its part to be fulfilled herein contained.

IN WITNESS WHEREFOF the parties hereto have executed this agreement the day and year first above written.

SIGNED, SEALED AND DELIVERED
in the presence of:
)
)
)
)
)
)
)


_________________________________________
Margaret Larter


_________________________________________
Kathleen Ethel Larter
THE RURAL MUNICIPALITY OF ST. ANDREWS

By:
  ________________________________________
  Reeve

  ________________________________________
  Secretary-Treasurer

This is the Schedule referred to and forming part of an agreement dated the September 16, 1986 between Margaret Larter and Kathleen Ethel Larter and the Rural Municipality of St. Andrews.

NOW THEREFORE the Council of The Rural Municipality of St. Andrews, duly assembled, enacts as follows:

THAT the above agreement is hereby ratified, sanctioned and approved and the Secretary-Treasurer of the Rural Municipality is hereby directed to forthwith cause the appropriate procedures to be initiated to endeavour to have this by-law validated and approved by the Legislature of Manitoba so as to ensure that the concept of perpetuity set forth in clause 1 of the said Agreement is binding on all future Councils of The Rural Municipality of St. Andrews.

DONE AND PASSED by the Council of The Rural Municipality of St. Andrews, duly assembled at Clandeboye, in the Province of Manitoba, this 12th day of May, 1987.

Read a first time - May 12, 1987
  "Peter Ducheck"  
Reeve

  "Carol Murray"  
Acting Secretary-Treasurer
Read a second time - May 12, 1987
Read a third time - May 12, 1987

I, Carol Murray, Acting Secretary-Treasurer of The Rural Municipality of St. Andrews, in the Province of Manitoba, do hereby certify that the foregoing is a true and correct copy of By-law N° 3678 duly passed at a meeting of the Council of The Rural Municipality of St. Andrews held on the 12th day of May, 1987.

WITNESS my hand and the corporate seal of The Rural Municipality of St. Andrews.


  "Carol Murray"  
Acting Secretary-Treasurer