HomeMy WebLinkAbout05 061 ltd ser harkness
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2005 - 061
A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT
WITH RONALD GEORGE HARKNESS
WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respecting matters and
imposing conditions as a requirement for obtaining a permit;
AND WHEREAS the Municipality of Kincardine Zoning By-law #2003-25 requires
that a Limited Service Agreement must be entered into before development can
occur on a Class Two Street;
AND WHEREAS The Municipality of Kincardine wishes to enter into a Limited
Service Agreement with Ronald George Harkness of Part Lot 48, Concession 1,
SDR, municipally known as 5017 Highway 9 in the Municipality of Kincardine
(former Township of Kincardine);
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
That the Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Ronald George Harkness, attached to this by-law as
Schedule "A" and to affix the Municipality's corporate seal as and when
required.
2.
That this by-law shall come into full force and effect upon its final passage.
. 3. That this By-law may be cited as the "Harkness (5017 Highway 9) Limited
Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 4th day of May, 2005.
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Mayor
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This is Schedule It .A .. to By-Law
No. !Wñ-Oó\ passed the ~ day
of ('C\o.~ 2006
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LIMITED SERVICE AGREEMENJ." " ',...
This AGREEMENT made in QUADRUPLICATE this If, day of .A nlJ.. , 2005.
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BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
RONALD GEORGE HARKNESS
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner
of 5017 Highway 9, Part Lot 48, Concession 1, SDR, in the Municipality of
Kincardine (former Township of Kincardine), Roll no. 4108210001131000000 and
hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a roadway to the subject lands for all
purposes included amongst which are ingress and egress, such roadway being
John Street, Municipality of Kincardine (former Township of Kincardine).
AND WHEREAS the owner wishes to access the building from a roadway known
as John Street, to the east of the land being the original roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained road
allowance forming part of the municipal road system of the Municipality and as
such the development of the subject lands would be contrary to the provisions of
zoning by-laws of the Municipality and Bruce County Official Plan.
AND WHEREAS the Municipality is prepared to issue a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are only limited municipal services provided to the
lands using the above mentioned limited services road allowance, and agreeing
not to demand municipal services from the Municipality because of the access
route chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the mutual covenants and agreements hereinafter contained and subject to the
terms and conditions hereinafter set out, the parties hereby agree as follows:
1. a) The owner acknowledges that they have chosen to access the land by
way of a road without winter maintenance under the jurisdiction of the
Municipality, being the road allowance John Street.
b) The owner acknowledges that the said road is not maintained on a year
round basis.
c) The owner covenants and agrees that no demand will be made upon the
Municipality for the provision of access to the lands either by way of
improved maintenance of the existing road or by way of the establishment
of another road.
d) The owner acknowledges that they are totally responsible for providing
winter maintenance on the road which provides access to the subject
lands.
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LSA Harkness
Page 2 of3
e) The owner covenants and agrees they will not make improvements or
changes to the roadway owned by the Municipality without first obtaining
the consent of the Municipality in writing.
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoever.
3. The owner hereby acknowledges and agrees that they will be responsible for
the making of a private agreement for the pickup and disposal of all garbage
arising from the use, enjoyment and any proposed development of the subject
lands. The Municipality will pick up garbage if the owner delivers it to a site
approved by the Municipality, on an existing Municipal garbage pick up route.
4. a) The owner hereby agrees not to make any demands at any time upon the
Municipality for any municipal services of whatsoever nature and kind
except fire protection when weather and roadway conditions permit the
safe entry of trucks.
b) Without in any way limiting the generality of the expression "municipal
services' the type of services which will not be demanded shall include:
Fire protection when weather and roadway conditions do not permit the
safe entry of fire trucks, garbage collection, drainage works, road
maintenance, snow clearance, street lighting, sidewalk, curbs, gutters,
tree planting or any other service whatsoever other than the one
mentioned above.
5. a) The owner acknowledges that this agreement is designed to permit the
Municipality to determine the future provisions of municipal services to
various parts of the Municipality and to discourage haphazard
development or developments which make the provisions of municipal
services difficult and costly.
b) The owner further acknowledges and agrees that at any time, no
severance or building permit shall be issued to the owner until this
agreement has been signed by the owner.
c) The owner acknowledges that the completion of this agreement shall in no
way guarantee a building permit from the Municipality and acknowledges
that an application for a permit must comply with the Building Code Act,
the Building Code and all other applicable laws.
6. This instrument constitutes the entire agreement between the Municipality
and the owner. It shall not be amended, altered or changed except by written
agreement hereto. This agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed
to be an original but such counterparts together shall constitute but one and
the same agreement.
7. The owner acknowledges that for the purpose of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the north
boundary which has frontage on Highway #9.
8. T~ agreement shall ensure to the benefit of and be binding upon the
r~¡'JØ successorsanò,assigns of the parties hereto.
9. The owner covenants and agrees to inform all potential purchasers or other
persons acquiring the land of the existence of this agreement and agrees to
use hislher best efforts to obtain from such persons an acknowledgment in
writing that they are aware of and bound by the terms of this agreement.
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LSA Harkness
Page 3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor and CAO this 4" day of t't\4~ ,2005.
Ronald George Harkness has hereunto set his hand this ~ day of Aft'J J.-.,
2005.
SIGNED, SEALED AND DELIVERED
in the presence of
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(sealed or witnessed) I
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Name Date
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Der: .JåJ-tt. ~.
MAYOR - GLENN'R. SUTTON
Der:~~l~ Âc\=< --"O^^~
CAð=JOHNdeROSENROLL
Der.A~..J¡~;J~
RONALD GEORG HARKNESS