HomeMy WebLinkAbout04 138 limited service richard
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004-138
BEING A BY-LAW TO AUTHORIZE THE SIGNINþ OF
A LIMITED SERVICE AGREEMENT r
WITH MICHAEL RICHARDSON AND HOPE RICHA DSON
(31 Richardson Drive)
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WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O 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 003-25 requires
that a Limited Service Agreement must be entered into before dévelopment can
occur on a private road; I
AND WHEREAS The Municipality of Kincardine wishes to e~er into a Limited
Service Agreement prior to issuing a building permit to Micha I Richardson and
Hope Richardson for Part Lot 69, Lake Range, known unicipally as 31
Richardson Drive in the Municipality of Kincardine (former TOWjShiP of Bruce);
NOW THEREFORE the Council for The Corporation of t e Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be authorized to sign, n behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Michael Richardson and Hope Richa son, attached to
this by-law as Schedule "A',
2. That this by-law shall come into full force and effect upo its final passage.
3. That this By-law may be cited as the "69 Richardson rive (Richardson)
Limited Service Agreement By-law". I
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE .PASSED
this 1st day of September, 2004.
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Mayor '
Clerk
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LIMITED SERVICE AGREEMENT _ /... --r-t., A .
This AGREEMENT made in QUADRUPLICATE thiS/~Y o~~ ¿ ¿
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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Hereinafter called the "Municipality"
of the First Part,
-and-
MICHAEL RICHARDSON
&
HOPE RICHARDSON
Mayor
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners of
31 Richardson Drive, Part Lot 69, Lake Range, Roll no. 4108260005239000000
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
Richardson Road, Municipality of Kincardine (former Township of Bruce).
AND WHEREAS the owner wishes to access the building from a roadway known
as Richardson Road, to the west of the land being the original roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained 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 they have chosen to access the land by
way of a road without winter maintenance under the jurisdiction of the
Municipality, being the road allowance Richardson Road,
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 totally responsible for obtaining
winter maintenance on the road which provides access to the subject
lands,
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LSA RICHARDSON
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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 do not presently
receive any direct municipal services whatsoever.
3. The owner hereby acknowledges and agrees that they 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 acknowledges that for the purpose of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the west
boundary which has frontage on Richardson Road,
8. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns ofthe parties hereto.
9, 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 agreement.
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LSA RICHARDSON
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IN WITNESS WHEREOF the Municipality h2ls hereto I:Iffixed its corPerate seal
attested by the hands of its Mayor and CAO this t S day of~(2004.
Michael & Hope Richardson has hereunto set his hand this .L:L day of August,
2004.
SIGNED, SEALED AND DELIVERED
in the presence of
(sealed or witnessed)
Date
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I THE CORPORATION OF THE
I MUNICIPALITY OF KINCARDINE
I per: f/JI. ¡(.~
I MAYOR - GLËNfj R. SUTTON
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p~ .\ - 2-.-12 ~ "^ .J1
C - TOHN deROSENROLL
per:Þ(~~
MIC~ ARDS","
per: ~t~
HOP HARDSON