HomeMy WebLinkAbout05 115 LS Agree Walker
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THE CORPORATION OF THE MUNICIPALITY OF KlNCA INE
BY-LAW
NO. 2005 -115
BEING A BY·LAW TO AUTHORIZE THE SIGNING F
A LIMITED SERVICE AGREEMENT
WITH MATTHEW WALKER
WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. 001, c. 25, as
amended, authorizes municipalities to pass by-laws respecti g matters and
imposing conditions as a requirement for obtaining a permit;
AND WHEREAS the Municipality of Kincardine Zoning By-law # 003-25 requires
that a Limited Service Agreement must be entered into before evelopment can
occur on a private road;
AND WHEREAS The Municipality of Kincardine wishes to ent r into a Limited
Service Agreement prior to issuing a building permit to Matth Walker for 242
Sunset Drive, Range lake, Part lot 54, in the Municipality of K cardine (former
Township of Bruce);
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be authorized to sign, 0 behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Matthew Walker, attached to this by-law s Schedule "A".
2. That this by-law shall come into full force and effect upon its final passage.
That this By-law may be cited as the "242 Sunset Driv (Walker) Limited
Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD TIME and FINALLY PASSED this 3rd
day of August, 2005.
3.
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Y;]u, 1;,h
Mayo
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Clerk
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this æday
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KIN
Hereinafter called the "Municipality"
of the First Part,
-and-
MATTHEW WALKER
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the regi tered owners of
242 Sunset Drive, Range lake, PI Lot 54, Roll no. 4108260005 97000000 in the
Municipality of Kincardine (former Township of Bruce) and herei after referred to
as the subject lands.
AND WHEREAS the owner enjoys a roadway to the subj ct lands for all
purposes included amongst which are ingress and egress, suc roadway being
Sunset Drive, Municipality of Kincardine (former Township of Br ce).
AND WHEREAS the owner wishes to access the building from roadway to the
west of the land being the original road allowance.
AND WHEREAS the aforesaid roadway forming part of th municipal road
system of the Municipality has limited winter maintenance nd as such the
development of the subject lands would be contrary to the pro isions of zoning
by-laws of the Municipality and Bruce County Official Plan.
AND WHEREAS the Municipality is prepared to issue a buildi g permit for the
subject lands as aforesaid provided that the owner first enters i to an agreement
acknowledging that there are only limited municipal services provided to the
lands using the above mentioned limited services road allowan e, and agreeing
not to demand municipal services from the Municipality becau e of the access
route chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSETH THA in consideration
of the mutual covenants and agreements hereinafter contained nd subject to the
terms and conditions hereinafter set out, the parties hereby agre as follows:
1. a) The owner acknowledges that they have chosen to ac ess the land by
way of a road with limited winter maintenance under the urisdiction of the
Municipality, being the road allowance Sunset Drive.
b) The owner acknowledges that the said road is not fully maintained on a
year round basis.
c) The owner covenants and agrees that no demand will b made upon the
Municipality for the provision of access to the lands ither by way of
improved maintenance of the existing road or by way of e establishment
of another road.
d) The owner acknowledges that they are partially respon ible for obtaining
winter maintenance on the road which provides acce s to the subject
lands.
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Limited Service Agreement-Walker
Page 2 of 3
e) The owner covenants and agrees they will not make mprovements or
changes to the roadway owned by the Municipality with ut first obtaining
the consent of the Municipality in writing.
2. The owner hereby acknowledges that the subject lands has limited municipal
services to date.
3. a) The owner hereby agrees not to make any demands at ny time upon the
Municipality for any municipal services of whatsoever nature and kind
except fire protection when weather and roadway con itions permit the
safe entry of trucks.
b) Without in any way limiting the generality of the expr ssion "municipal
services" the type of services which will not be deman ed shall include:
Fire protection when weather and roadway conditions 0 not permit the
safe entry of fire trucks, garbage collection, drain ge works, road
maintenance, snow clearance, municipal water, munici al sewer, street
lighting, sidewalk, curbs, gutters, tree planting or a yother service
whatsoever other than the one mentioned above.
4. a) The owner acknowledges that this agreement is desig ed to permit the
Municipality to determine the future provisions of mun cipal services to
various parts of the Municipality and to discou age haphazard
development or developments which make the provisi ns of municipal
services difficult and costly.
b) The owner further acknowledges and agrees that no sev rance 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 agr ement shall in no
way guarantee a building permit from the Municipality a d acknowledges
that an application for a permit must comply with the B ilding Code Act,
the Building Code and all other applicable laws.
5. This instrument constitutes the entire agreement betwee the Municipality
and the owner. It shall not be amended, altered or changed except by written
agreement hereto. This agreement may be executed i any number of
counterparts, each of which when so executed and delivere shall be deemed
to be an original but such counterparts together shall cons tute but one and
the same agreement.
6. The owner acknowledges that for the purpose of the zon ng by-law of the
Municipality that the frontage of the lands shall be con idered the east
boundary which has frontage on Sunset Drive.
7. This agreement shall ensure to the benefit of and be inding upon the
respective successors and assigns of the parties hereto.
8. The owner covenants and agrees to inform all potential pu chasers or other
persons acquiring the land of the existencl;! of this agreem nt and agrees to
use his/her best efforts to obtain from such persons an a knowledgment in
writing that they are aware of and bound by the terms of this agreement.
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Limited Service Agreement-Walker
Page 3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed its
attested by the hands of its Mayor and CAO this ~ day of
has hereunto set his hand this æ day of
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORA ION OF THE
MUNICIPALITY OF KINCARDINE
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~ Date