HomeMy WebLinkAbout00 025 Agree Mamica Farms Ltd.
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 25
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH MAMICA FARMS LIMITED
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to complete a severance condition with Mamica Farms
Limited at Part Lot 11, Concession 8 in the Municipality of Kincardine (former
Township of Bruce) now designated as Part 1 of Reference Plan 3R-7152;
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 Mamica Farms Limited, 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 "Mamica Farms Limited Service
Agreement By-law·.
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 23rd day of February, 2000.
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IJMITED SERVICE AGREEMENT
This AGREEMENT made in TRIPUCATE this, 23'" day February, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Mullidpality"
of the First Part.
-and-
MAMICA FARMS IJMITED
Hereinafter called the "Owaer"
of the Second Part.
WHEREAS the owner herein represents that it is the registered owner of Part Lot 11,
Concession 8 in The Municipality of Kincardine (former Township of Bruce) now
de8ÍW'Rtoed IS Part 1 of Reference Plan 3R-7152 and hereinafter refeaTed to as the subject
lands and more particularly described on Sd1edule " A" 8~"bed to this agreement.
AND WHEREAS the owner enjoys a I'OIdway to the subject lands for all purposes
included amongst which are ingress and egress, such roadway being the 10111 Sideroad
(former Bruce Township).
AND WHEREAS the owner wishes to access the building ftom a roadway to the west of
the land being the original road allowance between Lot 10 of the former Bruce Township
and Lot 11 of the formeI" Bruce Township.
AND WHEREAS the aforesaid roadway is not a year round maintained road allowance
forming part of the municipal I'OId system of the Municipality and as such the
development of the subject lands wou1d 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 the severance of 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 ftom the Municipality because of the access route chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSEm mAT 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 it bas chosen to access the land by way of a road
without winter maiqþmanee unci« the jurisdiction of the Municipality, being the
road allowance to the west of the land.
b) The owner acknowledges that the said road is not fully maintsined on a year
round basis. '
c) The owner covelllßtl and agrees that no demand will be made upon the
Municipality for the provision of access to the lands eithec by way of improved
maintenance of the existing I'OId or by way of the establishment of another road.
d) The owner acknowledges that it is totally responsible for obtøinillg winter
maintenance on the road, which provides access to the lands described in
Schedule " A" beyond winter ""'int......nee proposed in this agreement.
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Limited Service Agreement
Page 2 of3
e) The owner covenants and agrees it 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 presently receive limited
municipal services as outlined below.
3. a) The owner hereby agrees not to make any demands at any time upon the
Municipality for any additional municipal services ofwbatsoever 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 shall not be demanded shall include: Fire protection
when weather and I'OIdway 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.
c) The municipality agrees to continue to provide winter maintenance of the 10111
Sideroad between the 8" Concession and the 6" Concession of the former
Township of Bruce ftom the 8" Coocession south to the existing driveway. The
10111 Sideroad south of the driveway will not receive winter maintenance. This
snow plowing is to be done u a secondary priority and this is to mean that the
first priority for snow plowing and maintenance will be to the municipality's
through roads and after these through roads have satisfactory winter maintenance
then this northern section of the Idh Sideroad will receive snow plowing. In the
event that there is a need for emergency services such as fire protection, the
municipality, on receipt of notice will change the priority to plow this section of
the road as soon IS possible. This section of the I'OId will continue to be posted
for "no winter maint....·ooœ" IS the I'OId is not open south of the entrance to this
property to keep winter traffic off the 1 dh Sideroad.
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4. The owner and the ~cipality hereby acknowledge and agree that the Municipality
will pick up garbage and recycling if the owner delivers it to a site approved by the
Municipality. This approved site would be on an existing Municipal garbage and/or
recycling pick up route on the 8111 Concession Road (former 8th of Bruce Township).
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 bas been signed by the owner.
c) The owner acknowledges that the completion of this agreement shall in no way
guarantee a building permit ftom the Municipality and acknowledges that an
application for a permit must comply with the Building Code Act and all other
applicable laws. .
6. This instrument constitutes the entire agreement between the Municipality and the
owner. It sball 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 shaI1 constitute but one and the same agreement.
7. The owner shall pay to the Municipality all costs incurred by it for the negotistion
and preparation of this agreement including legal and administrative costs.
8. The owner agrees to have this agreement registered on title at its expense and a copy
of the registered documeIIt provided to the municipality.
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Limited Service Agreement
Page 3 of3
9. The owner acknowledges that for the purpose of the zoning by-law of the
Municipality that th!' fron~e of the lands shall be considered the west boundary
which has frontage on the 10 Sideroad (former Bruce Township).
10. This agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
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 hislher 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 ofits mayor and clerk this~ day of Çphr, nor 'ð . 2000.
has hereunto set his hand and seal this day of
2000.
SIGNED, SEALED AND DEUVERED
in the presence of
THE CORPORATION OF THE
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
MAMICA FARMS LIMITED
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LEGAL DESCRIPTION OF THE PROPERTY:
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PART LOT 11, CONCESSION 8 IN THE
MUNICIPALITY OF KINCARDINE
(FORMERLY TOWNSHIP OF BRUCE)
NOW DESIGNATED AS PART 1 OF
REFERENCE PLAN 3R-7152
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DYE' DURHAM CO_ INC,-Form No. 985
Amended NOV. 1992
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Document General
Form 4 - Land Registration Reform Act
D
(11 Registry []
Land Titles 0 (2) Page 1 of 5
pages
(3) pro-rty Block
IdeRírfler(s)
Property
Additional:
See 0
Schedule
CERTifiCATE Of REGISTRATION
BRUCE (3)WALKERTON
(4) Nature of Document
LIMITED SERVICE AGREEMENT
'00 FEB 25 AI'111 25
(5) Consideration
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Dollars $
(6) Description
Part of Lot 11, Concession 8, Township of
Bruce, now the Municipality of Kincardine,
County of Bruce, now designatad as Part 1
on Reference Plan 3R-7152.
New Property Identifiers
Additional:
See 0
Schedule
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
o
Description 0
Additional
Parties 0 Other ~
Is Document provides 8S follows:
See Schedule attached as Pagas 2, 3, 4 and 5.
Continued on Schedule ~
(9) This Document relates to instrument number(s)
(10) Party(iss) (Set out Status or Interest)
.Name(S)
~HE CORPORATION OF THE MUNICIPALITY
Signature(s)
Date of Signature
Y M D
....................................
...................... ...............
............................. .
OF KINCARDINE (Municipality)
..............................
.........................
................ ............ '"
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(11)::'~d~:::lce 707 Queen Street, Kincardine, Onterio, N2Z 1Z9.
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s
MAMICA FARMS LTD. (Olmer)
... by···!·ts·· 801'1 ci ·tö'i;;· ....... .... ...........
Je.es L. Laschuk
*
....................
Date of Signature
Y M D
2000 02 on,1
............ .......~~...
...............
.................
....... .......
.............
Address
for Service
4) Municipal Address of Property
....... .... ...... .............
99 Gloucester Terrace, Goderich, Ontario, N7A 1W9.
LASCHUK & FAnR
8ARn~rtns & '""1 '~-,ORS
f82DURHAM ~...~,
IIINc.>RDINI1, ST.. BOX 69
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Fees and Tax
(15) Document Prepared by:
R.R. # 3,
Tiverton,
NOG 2TO
JAMES L. LASCHUK
Ontario.
Total
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in TRIPLICATE this, 23111 day February, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Munidpality"
of the First Part,
-and-
MAMICA FARMS LTD.
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that it is the registered owner of Part Lot 11,
Concession 8 in The Municipality of Kincardine (former Townslûp of Bruce) now
designa~ as Part 1 ofRefercnce Plan 3R-71S2 and hereinafter referred to as tbe subject
lands and more particularly deeçribed on Schedule" A" attached to tlûs 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 the 10· Sideroad
(former Bruce Township).
AND WHEREAS the owner wishes to access the building trom a roedway to the west of
the land being the oriBinal roed allowance between Lot 10 of the former Bruce Township
and Lot 11 of the former Bruce Township.
AND WHEREAS the aforesaid roadway is not a year round maintained road allowance
fonnJng part of the municipal road system of the Municipa!ity 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 the øeverance of 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 MulÛcipallty because of the access route chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSEm THAT in consideration
of the mutual covenants and agreement. hereinafter contained and subject to the terms
and conditions hereinafter set out, the parties hereby agree as follows:
1. a) The owner ack:nowledgea that it has chosen to access the land by way of a rued
without winter maintenance under the jurisdietion of the MUlÛcipallty, being the
road allowance to the weat of the land.
b) The owner acknOwledges that the said roed 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
mainteJlance of the eldltin¡ road or by wey of the establishment of another road.
d) The owner acknowledges that it is totally respolUlible for obtaining winter
maintenance on the TOad, whicb provides access to the lands desaibed In
Schedule "A" beyond winter maintenance proposed in this agreement.
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Limited Service Agreement
Page 2 of3
e) The owner covenants and agrees it 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 presently receive limited
municipal services as outlined below.
3. a) The owner hereby agrees not to make any demands at any time upon the
Municipality for any additional 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 shall 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.
c) The municipality agrees to continue to provide winter maintenance of the 10111
Sideroad between the 8'" Concession and the 6111 Concession of the former
Township of Bruce ftom the 8111 Concession south to the existing driveway. The
10'" Sideroad south of the driveway will not receive winter maintenance. This
snow plowing is to be done as a secondary priority and this is to mean that the
first priority for snow plowing and maintenance will be to the municipality's
through roads and after these throu¡h roads have satisfactory winter maintenance
then this northern section of the 10 Sideroad will receive snow plowing. In the
event that there is a need for emergency services such as fire protection, the
municipality, on receipt of notice will change the priority to plow this section of
the road as soon as possible. This section of the road will continue to be posted
for "no winter maintenance" as the road is not open south of the entrance to this
property to keep winter traffic off the 1 rI' Sideroad.
I
4. The owner and the ~nicipality hereby acknowledge and agree that the Municipality
will pick up garbage and recycling if the owner delivers it to a site approved by the
Municipality. This approved site would be on an existing Municipal garbage and/or
recycling pick up route on the 8111 Concession Road (former 8111 of Bruce Township).
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 bas been signed by the owner.
c) The owner acknòw1edges that the completion of this agreement shall in no way
guarantee a· building permit ftom the Municipality and acknowledges that an
application fQr a permit muªt comply with the Building Code Act 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 its expense and a copy
of the registered document provided to the municipality.
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Limited Service Agreement
Page 3 of3
9. The owner acknowledges that for the purpose of the zoning by-law of the
Municipality that th~ ftontafe of the lands shall be considered the west boundary
which has fi'ontage on the 10 Sideroad (former Bruce Township).
10. This agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
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 hislher best
efforts to obtain ftom 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~ day of ~ e...'oi"uc. y- ~ . 2000.
has hereunto set his hand and seal this day of
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THE CORPORATION Oi'.nu;
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Clerk - Rosaline Graham
2000.
SIGNED, SEALED AND DEUVERED
in the presence of
(sealed or witnessed)
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Name
(sealed or witnessed)
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SCHEDULE "A"
TO
THE LIMITeD SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
MAMICA FARMS LTD.
LEGAL DESCRIPTION OF THE PROPERTY:
PART LOT 11, CONCESSION 8 IN THE
MUNICIPALITY OF KINCARDINE
(FORMERLY TOWNSHIP OF BRUCE)
NOW DESIGNATED AS PART 1 OF
REFERENCE PLAN 3R-7152