HomeMy WebLinkAbout05 151 LS Agree Calcutt
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
BY-LAW
NO. 2005 - 151
A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT WITH
LEE DAVID CALCUTT AND JANE DEBORAH CALC
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 #2 03-25 requires
that a Limited Service Agreement must be entered into before d velopment can
, occur on a Private Street;
AND WHEREAS The Municipality of Kincardine wishes to ente into a Limited
Service Agreement with Lee David Calcutt and Jane Deborah Ca cutt of Plan 491
Block A, RP 3R-5031 Parts 1 & 2, municipally known as 19 Mitc ell Drive 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 imited Service
Agreement with Lee David Calcutt and Jane Deborah Cal utt, attached to
this by-law as Schedule "A".
That this by-law shall come into full force and effect upon i s final passage.
2.
3. That this By-law may be cited as the "Calcutt (19 Mitche I Drive) Limited
Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY P+SSED this 21st
day of September, 2005. I
I
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Mayõr
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this ¿ day 0 SePï, 2005.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KIN ARDINE
Hereinafter called the "Municipality" .
of the First Part, 'Ibis
No
-and- of
LEE DAVID CALCUTT
JANE DEBORAH CALCUTT
Schedule".fL" to By-Law
passed the..2.L day
2006~
Hereinafter called the "Owner"
of the Second Part.
----oil
WHEREAS the owner herein represents that he is the gistered owner
of 19 Mitchell Drive, Plan 491 Block A, RP 3R-5031 Part 1 & 2, in the
Municipality of Kincardine (former Township of Kinca ine), Roll no.
4108210004212000000 and hereinafter referred to as the subje t lands.
AND WHEREAS the owner enjoys a private roadway to the su ject lands for all
purposes included amongst which are ingress and egress, suc private roadway
being Mitchell Drive, Municipality of Kincardine (former Townshi of Kincardine).
AND WHEREAS the aforesaid roadway is not a year round ma ntained roadway
forming part of the municipal road system of the Municipality 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 no municipal services provided t the lands using
the above mentioned limited services road allowance, and agreeing not to
demand municipal services from the Municipality because of he 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 he has chosen to access t e land by way of
a private road without maintenance under the ju 'sdiction of the
Municipality.
b) The owner acknowledges that the said private road i not municipally
owned or maintained.
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 private road 0 by way of the
establishment of another road.
d) The owner acknowledges that he is totally responsi Ie for obtaining
maintenance on the private road, which provides access the lands.
2. The owner hereby acknowledges that the subject lands 0 not presently
receive any direct municipal services whatsoever.
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CALCUTT Agreement
Page 2 of3
3. The owner hereby acknowledges and agrees that he will b responsible for
the making of a private agreement for the pickup and dispo al of all garbage
arising from the use, enjoyment and any proposed developm nt of the subject
lands. The Municipality will pick up garbage if the owner d livers it to a site
approved by the Municipality, on an existing Municipal garba e pick up route.
4. a) The owner hereby agrees not to make any demands at a y 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 demand d shall include:
Fire protection when weather and roadway conditions 0 not permit the
safe entry of fire trucks, garbage collection, draina e works, road
maintenance, snow clearance, street lighting, sidewalk curbs, gutters,
tree planting or any other service whatsoever othe than the one
mentioned above.
5. a) The owner acknowledges that this agreement is design to permit the
Municipality to determine the future provisions of muni ¡pal services to
various parts of the Municipality and to discou ge haphazard
development or developments which make the provisi ns of municipal
services difficult and costly.
b) The owner further aCknowledges and agrees that no buil ing permit shall
be issued to the owner until this agreement has been sign by the owner.
c) The owner acknowledges that the completion of this agre ment 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.
6. This instrument constitutes the entire agreement between the Municipality
and the owner. It shall not be amended, altered or changed xcept by written
agreement hereto. This agreement may be executed in any number of
counterparts, each of which when so executed and delivered hall be deemed
to be an original but such counterparts together shall consti ute but one and
the same agreement.
7. The owner shall pay to the Municipality all costs incurr by it for the
negotiation and preparation of this agreement including admi istrative costs.
8. The owner acknowledges that for the purpose of the zoni g by-law of the
Municipality that the frontage of the lands shall be cons dered the west
boundary which has frontage on a private right of way being itchell Drive.
9. This agreement shall ensure to the benefit of and be b ding upon the
respective successors and assigns of the parties hereto.
10. The owner covenants and agrees to inform all potential pu hasers or other
persons acquiring the land of the existence of this agreeme t and agrees to
use his best efforts to obtain from such persons an acknowle gment in writing
that they are aware of and bound by the terms of this agreem nt.
...3/
CALCUTT Agreement
Page 3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed . s corporate seal
attested by the hands of its mayor and CAO this ..1LL.. day of
, 2005 and Lee David Calcutt and Jane Deborah Calcutt as hereunto set
their hand this c2I1!D daYOf<:.~~~0?5.
SIGNED, SEALED AND DELIVERED
in the presence of
11 .roJ.QPParJ¡..rJJ ~JM
Witness Date .
Witness
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Date I
THE CORPORA ION OF THE
MUNICIPALITY OF KINCARDINE
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