HomeMy WebLinkAbout04 134 limited service shannon
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TIlE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 -134
BEING A BY-LAW TO AUTHORIZE THE SIGN IN
A LIMITED SERVICE AGREEMENT
WITH DONALD SHANNON
(88 Sunset Drive)
OF
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WHEREAS Section 9 (3) of The Municipal Act, 2001, S.D. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respe ing matters and
imposing conditions as a requirement for obtaining a permit;
AND WHEREAS the Municipality of Kincardine Zoning By-law
that a Limited Service Agreement must be entered into before
occur on a private road;
003-25 requires
evelopment can
AND WHEREAS The Municipality of Kincardine wishes to en er into a Limited
Service Agreement prior to issuing a building permit to Donald hannon for Part
Lot 47, Lake Range, Part 2, RP 3R-5505, known municipally a 88 Sunset Drive
in the Municipality of Kincardine (former Township of Bruce);
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows: I
1. That the Mayor and CAD be authorized to sign, O~ behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Donald Shannon, 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 "88 Sunset Drive ( hannon) Limited
Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY ASSED this 11 th
day of August, 2004.
3.
ß1;-# _.(1.~
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Mayor
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this ~y of ß:tt0~4.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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Hereinafter called the "Municipality"
of the First Part,
This is Schedule" IL " to By-µw
-and- N01J(:¡?;sed the J1!:;!:! day
DONALD SHANNON of~:~~~004' f}
Hereinafter called the "Owner" ,~
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners of
Part Lot 47, Lake Range, Part 2, RP 3R5505, Roll no. 4108260005128200000 in
the Municipality of Kincardine (former Township of Bruce) 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
Sunset Drive, Municipality of Kincardine (former Township of Bruce).
AND WHEREAS the owner wishes to access the building from a 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 limited winter maintenance 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 they have chosen to access the land by
way of a road with limited winter maintenance under the jurisdiction 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 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 they are partially responsible for obtaining
winter maintenance on the road which provides access to the SUbjÍ\~
lands. ~
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Limited Service Agreement
Page 2 of3
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e) The owner covenants and agrees they 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 have limited
municipal services to date.
3. 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, municipal water, municipal sewer, street
lighting, sidewalk, curbs, gutters, tree planting or any other service
whatsoever other than the one mentioned above.
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4. 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.
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5. 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.
6. 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 east
boundary which has frontage on Sunset Drive.
7. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
8. 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/her best efforts to obtain from such persons an acknowledgment in
writing that they are aware of and bound by the terms of this agreemen~
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Limited Service Agreement
Page 3 00
IN WITNESS WHEREOF the Municipality has hereto affixed it~~~al
attested by the hands of its Mayor and CA~S /~~ of ~Y(fOO4. Donald
Shannon has hereunto set his hand this I~ day of(f;ZèlOO4.
SIGNED, SEALED AND DELIVERED 't r .
in the presence of THE CORPORATION OF THE
MUNICIPALITY OF KI CARDINE
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(sealed or witnessed)
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. SUTTON
per~c;...(~).. c....~r....... 0 "'"\. ß
CA -JOHN deROSENROLL
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DON'AL: - SHANNON '-'
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