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HomeMy WebLinkAbout01 074 lsa 36 whipperwill couli e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT II. BY-LAW NO. 2001 - 74 A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH GORDON JOSEPH COULlS WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service Agreement in order to clarify the status of Whippoorwill Drive prior to issuing a building permit to Gordon Joseph Coulis of Part Lot 27, Concession A, Registered Plan 3R3995, Parts 1 and 2 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 Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine the Limited Service Agreement with Gordon Joseph Coulis, attached to this by-law 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 'Limited Service Agreement 36 Whippoorwill Drive (Coulis)". READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED this 20th day of June, 2001. .~ ~ . . .; .1 ! :<:~. ~:,;",)-;:-"~~,, --'"",,:,,!,:,n ;:~"~'T~ , LIMITED SERVICE AGREEMENT This AGREEMENT made in TRIPLICATE this ..!ì.cL day of June, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- GORDON JOSEPH COULlS Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represents that he is the registered owner of Part Lot 27 Concession A, Registered Plan 3R3995, Parts 1 & 2 in the Municipality of Kincardine (former Township of Kincardine) 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 Whippoorwill Drive. AND WHEREAS the owner wishes to access the building from a roadway being the original road allowance running west of County Road # 23 of the former Township of Kincardine to a dead-end. AND WHEREAS the aforesaid roadway is not a 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 he has chosen to access the land by way of a private road without winter maintenance under the jurisdiction of the Municipality, being the private road allowance to the east of the land. b) The owner acknowledges that the said 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 road or by way of the establishment of another road. d) The owner acknowledges that he is totally responsible for obtaining maintenance on the road which provides access to the subject lands. '. · · · . ; Limited Service Agreement Page 2 of3 e) The owner covenants and agrees he 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 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 agrees to have this agreement registered on title at his expense and a copy of the registered document provided to the Municipality. 9. The owner acknowledges that for the purpose of the zoning by-law of the Municipality that the frontage of the lands shall be considered west boundary which has frontage on Whippoorwill Drive. 10. This agreement shall ensure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. ...3/ · · · .. í . Limited Service Agreement Page 3 00 11. 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. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its Mayor and Clerk this 14th day of June, 2001 and Gordon Joseph Coulis has hereunto set his hand this 14th day of June, 2001. SIGNED, SEALED AND DELIVERED in the presence of ,::0, ~ _. ~~.'. -1"'-1 .... . /" per: .~ Clerk - -_v:- . ~-""" ..:x"^- ci~r~~I~,_·;r.· , (sealed or witnessed) Æ?J/;;;¡J~. ~~ 1s(dCl)/ Name {j Date per: ~L~{ Gordon Joseph Coulis &íi: 9. ~_ .:;. - .....-...... ~ , :-........ '- . ~ ~ ,~'