HomeMy WebLinkAbout00 032 LSA - Ann Bradley
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 32
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH ANN ELIZABETH BRADLEY
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Mitchell Drive prior to issuing a building
permit to Ann Elizabeth Bradley at Lot 4, Registered Plan 491 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 Cieri< be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Ann Elizabeth Bradley, attached to this by-law and to affix
the Municipality's corporate seal as and when required.
2. This agreement is to be registered on title at the expense of Ann Elizabeth
Bradley.
3. That this by-law shall come into full force and effect upon its final passage.
4. That this By-law may be cited as the "Bradley Limited Service Agreement
By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 8th day of March, 2000.
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Clerk
LIMITED SERVICE AGREEMENT
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This AGREEMENT made in TRIPLICATE this, 8th day March, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
ANN ELIZABETH BRADLEY
Hereinafter called the "Owner"
of the Second Part.
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WHEREAS the owner herein represents that she is the registered owner of Lot 4,
Registered Plan 491 in the Municipality ofK.incardine (former Township of Kincardine)
and hereinafter referred to as the subject lands and more particularly described on
Schedule" A" attached to this agreement.
AND WHEREAS the owner enjoys a roadway to the subject lands for all purposes
included amongst which are ingress and egress, such roadway being Mitchell Drive.
AND WHEREAS the owner wishes to access the building from a roadway to the east of
the land being the private road allowance running south of the Sth Concession Road of the
former Township ofK.incardine to a dead-end.
AND WHEREAS the aforesaid roadway is not a road allowance forming part of the
municipal road system of the Municipality or maintained by 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 permit 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 TIlAT 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:
I. a) The owner acknowledges that she has chosen to access the land by way of a road
without municipal maintenance under the jurisdiction of the Municipality, being
the private road allowance to the east of the land.
b) The owner acknowledges thattbe said road is not municipally maintained.
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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 she is totally responsible for obtaining maintenance
on the road, which provides access to the lands described in Schedule "A".
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Limited Service Agreement
Page 2 of3
e) The owner covenants and agrees she 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 she 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.
, /")0.. .'P- , .rA.e, .
b) Without in any way limiting th~~ity of~..þJqfression "municipal services"
the type of services which willõè 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.
S. 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 aU 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 her 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 the west boundary
which has frontage on Mitchell Drive.
10. This agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
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Limited Service Agreement
Page 3 of3
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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 her best efforts
to obtain from such persons an acknowledgment in writing that they are aware of and
bound by the termI of this agreement.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its mayor and clerk this 8th day of March, 2000 and Ann F.1i"""'tJ¡
BnIdIeyhas hereunto set berhand this 1>~ day of r\/)ç......L .2000.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY 02ZCARDINE. _
per:~ .' -I~ "
Mayor - ~ Jarrell -
.
~
~~nll1A ,-,:::,
CIer - Rosalme Clerk: _ '~2 ~ '
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per:
(sealed or witnessed)
~~~~
Name
O:L,,7·öc
Date
per: a· ßA ",~II "r
Ann Elizabeth Bradley
.
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
ANN ELIZABETH BRADLEY
f
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LEGAL DESCRIPTION OF THE PROPERTY:
PART LOT 30, CONCESSION A,
LOT 4, REGISTERED PLAN 491,
MITCHELL DRIVE IN THE
MUNICIPALITY OF KINCARDINE
(FORMER TOWNSHIP OF
KINCARDINE)
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, ~ Province
$.. of
Ontario
Document General
Form 4 - Land Registration Reform Act
THE UPPBR CANADA Doc:u.œNT COMPANY
f-877-4-UC-DOCS ~net
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(i) Registry 181
(3) Property
Identllier(s)
Land TItles 0
Block
(2) Page 1 of 'S pages
Property
Additional:
See
Schedule 0
CERTIfICATE OF RECISTRATION
BRUCE (5) WALKERTON
(4) Nature of Document
Limited Service Agreement
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LAND REGI$TRAR
RSI era Ion
ONE- - - - - 00/100 Dollars $ 1.00
(5) Description
Lot Number 4, Plan 491, The Corporation of the Municipality of
Kincardine (formerly the Township of Kincardine), County of Bruce.
New Property Identifiers
Additional:
See
Schedule 0
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch 0
¡ (b) Schedule lor.
! Description 0
Additional
Parties 0
Other 181
This Document provides as 'ollows:
ee Agreement attached.
Ann Elizabeth Uhrig the Transferee in instrument number 279416 is one and the same person as Ann Elizabeth
Bradiey the owner referred to in the agreement attached, her name having been changed by reason of marriage.
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Date of Signature
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Slgnatuoe(s)
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(11) Address
for Service
707 Queen Street, Kincardine, Ontario N2Z lZ9
(12) Party(les) (Set out Status or Interest)
Date of Signature
Y M D
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Signature(s)
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(13) Address
for Service
Municipal Addresa of Property
rót 4 MitcheU Drive
Kincardine, Ontario
(is) Document Prepared by:
George C. Magwood
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG2VO
Fees and Tax
::; Regisb'ation Fee
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