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HomeMy WebLinkAbout05 164 LS Agree 476 Sunset Dr e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARþINE BY-LAW NO. 2005 -164 BEING A BY-LAW TO AUTHORIZE THE SIGNING <l>F A LIMITED SERVICE AGREEMENT . WITH JEFF SIMPSON AND MARY SIMPSON WHEREAS Section 9 (3) of The Municipal Act, 2001, S.D. 2001, c. 25, as amended, authorizes municipalities to pass by-laws respectinþ matters and imposing conditions as a requirement for obtaining a permit; . AND WHEREAS the Municipality of Kincardine Zoning By-law #2<103-25 requires that a Limited Service Agreement must be entered into before dEjvelopment can occur on a private road; . AND WHEREAS The Municipality of Kincardine wishes to ente~ into a Limited Service Agreement prior to issuing a building permit to Jeff Simþson and Mary Simpson for Range Lake, Range Lake Part Lot 62, RP 3R-57717 pt 1, known municipally as 476 Sunset Drive, in the Municipality of Kindardine (former Township of Bruce); NOW THEREFORE the Council for The Corporation of the /vIunicipality of Kincardine ENACTS as follows: 1. That the Mayor and CAD be authorized to sign, on þehalf of The Corporation of the Municipality of Kincardine the Lin'lited Service Agreement with Jeff Simpson and Mary Simpson, attache<ll to this by-law as Schedule "A". That this by-law shall come into full force and effect upon it~ final passage. ! 2. That this By-law may be cited as the "476 Sunset Drive (Sirj,pson) Limited Service Agreement By-law". READ a FIRST, SECOND, and a THIRD time and FINALLY P4SSED this 5th day of October, 2005. 3. jhr¿. _I<- ~ Mayor ' ~ Cerk , .6 , LIMITED SERVICE AGREEME or This AGREEMENT made in QUADRUPLICATE thiS~ay of BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KIN Hereinafter called the "Municipality" of the First Part, -and- JEFF SIMPSON & MARY SIMPSON Hereinafter called the "Owner" of the Second Part. dule "lL· ~~~-Law ~passed 1be day ~ 005 WHEREAS the owner herein represents that they are the regi tered owners of 476 Sunset Drive, Range Lake, Range Lake pt Lot 62;RP 3R5 77 pt 1, Roll no. 4108260005231000000 in the Municipality of Kincardine (for er Township of Bruce) and hereinafter 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 Bru e). 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 the municipal road system of the Municipality has no winter maintenance a 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 permit for the subject lands as aforesaid provided that the owner first enters i 0 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 THAT 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 no winter maintenance under the j risdiction 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 t e establishment of another road. d) The owner acknowledges that they are responsible for obtaining winter maintenance on the road which provides access to the s bject lands. <' Simons LSA Page 2 of3 e) The owner covenants and agrees they will not make i provements 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 imited municipal services to date. 3. a) The owner hereby agrees not to make any demands at a y time upon the Municipality for any municipal services of whatsoever ature and kind except fire protection when weather and roadway cond tions permit the safe entry of trucks. b) Without in any way limiting the generality of the expre sion "municipal services" the type of services which will not be demand d shall include: Fire protection when weather and roadway conditions d not permit the safe entry of fire trucks, garbage collection, draina e works, road maintenance, snow clearance, municipal water, munici al sewer, street lighting, sidewalk, curbs, gutters, tree planting or a other service whatsoever other than the one mentioned above. 4. a) The owner acknowledges that this agreement is design to permit the Municipality to determine the future provisions of muni ipal services to various parts of the Municipality and to discour 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 seve ance or building permit shall be issued to the owner until this agreement as been signed 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. 5. 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. 6. The owner acknowledges that for the purpose of the zoni g 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 b nding upon the respective successors and assigns of the parties hereto. 8. The owner covenants and agrees to inform all potential pur hasers or other persons acquiring the land of the existence of this agreeme t and agrees to use his/her best efforts to obtain from such persons an ac nowledgment in writing that they are aware of and bound by the terms of this greement. Simons LSA Page 3 of3 IN WITNESS WHEREOF the Municipality has here~ffixed its c rporate seal attested by the hands of its Mayor and CAO this ;S!2 day of ~ 2005. has hereunto set his hand this _ day of , 2005. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORA T ON OF THE MUNICIPALITY OF INCARDINE (sealed or witnessed) ..