HomeMy WebLinkAbout05 080 limited service K. Rohne
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2005 - 080
BEING A BY·LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT
WITH KURT ROHNER
WHEREAS Section 9 (3) of The Municipal Act, 2001, 5.0. 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 private road;
AND WHEREAS The Municipality of Kincardine wishes to enter into a Limited
Service Agreement prior to issuing a building permit to Kurt Rohner for Part Lot
27, Concession A, known municipally as 2 Whippoorwill Lane, 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 CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Kurt Rohner, attached to this by-law as Schedule "A".
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 "2 Whippoorwill Lane (Rohner)
Limited Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD TIME and FINALLY PASSED this 1st
day of June, 2005.
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Mayor r
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LIMITED SERVICE AGREEMENT þ. ,~~ ~
Mayor CleJt.
This AGREEMENT made in QUADRUPLICATE this ~ day of cl,,,,,, , 2005.
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· BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
KURT ROHNER
Hereinafter called the "Owner"
of the Second Part.
·
WHEREAS the owner herein represents that he is the registered owner
of 2 Whippoorwill Lane, Part Lot 27, Concession A, in the Municipality of
Kincardine (former Township of Kincardine), Roll no. 4108210004146000000 and
hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a private roadway to the subject lands for all
purposes included amongst which are ingress and egress, such private roadway
being Whippoorwill Lane, Municipality of Kincardine (former Township of
Kincardine).
AND WHEREAS the owner wishes to access the building from a roadway known
as Whippoorwill Lane, to the north of the land being the original roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained roadway
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 no 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 he has chosen to access the land by way of
a private road without maintenance under the jurisdiction of the
Municipality.
b) The owner acknowledges that the said private road is not municipally
owned or maintained.
.
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 private road or by way of the
establishment of another road.
d) The owner acknowledges that he is totally responsible for obtaining
maintenance on the private road, which provides access to the lands.
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoever.
ROHNER Agreement
Page 2 00
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3. The owner hereby aCknowledges and agrees that he 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 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 shall pay to the Municipality all costs incurred by it for the
negotiation and preparation of this agreement including legal and
administrative costs.
8. 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 south
boundary which has frontage on a private right of way being Whippoorwill
Lane.
9. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
.
10. 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 his best efforts to obtain from such persons an acknowledgment in writing
that they are aware of and bound by the terms of this agreement.
...3/
· IN WITNESS WHEREOF the Municipality has hereto affixed Its corporate seal
attested by the hands of its mayor and CAD this ~ day of ~ ~
, 2005 and Kurt Rohner has hereunto set his hand this :;; day of~
,2005. (/
SIGNED, SEALED AND DELIVERED
in the presence of THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
JJJ-t. ~
Mayor - Gfenn R. Sutton
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ROHNER Agreement
Page 3 of3
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AO - John deRosenroll
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(sealed or witnessed)
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