HomeMy WebLinkAbout00 146 LSA - Quayle
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THE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 146
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH JEANNE MARIE QUAYLE
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Lake Street prior to issuing a building
permit to Jeanne Marie Quayle in the Municipality of Kincardine (former
Township of Bruce);
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 Jeanne Marie Quayle, 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 Jeanne Marie
Quayle.
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 "Quayle Limited Service Agreement
By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 23rd day of November, 2000.
~~
Mayor
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~ Province
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- ø Ontario
Document General
Form 4 - Land Registration Reform Act
THE UPPER CANADA DOCtlMBNT COMPANY
1-877~c.oOCS www.uc.1ocs.net
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0353791
(1) Registry 181 Land TiUes 0
(3) Property Block
Idenlifier(s)
(2) Page 1 of 5 pages
Property
Additional:
See
Schedule 0
(4) Nature of Document
CERTIFICATE Of REGISTRATION
BRUCE(3)WALKERTON
Limited Service Agreement
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~ LAND REGIS;RAR
New Property Identifiers
Dollars $
(6) Description
Lot 15, Plan Number 372 Town plot of Inverhuron, Municipality of
Kincardine (formerly in the Township of Bruce), Connty of Bruce.
Additional:
See
Schedule 0
Executions
Additional:
See
Schedule
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(7) This
Document
Contains
<aj Redescription
New Easement
Plan/Sketch 0
(b) Schedule for:
Description 0
Additional
Parties 0
Other 181
(8) This Document provides as follows:
.e Limited Service Agreement
Continued on Schedule 0
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Date of Signature
Y M D
Name(s)
THE CORPORATION OF THE MUNICIPALITY
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"Muniei all "
(11) Address
for Service 707 Queen Street, Kincardine, Ontario N2Z 1Z9
(12) Party(ies) (Set out Status or Interest)
Date of Signature
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Name(s)
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Sîgnature(s)
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(13) Address
for Service
41 Municipal Address of Property
!Lake Street
Inverhuron, Ontario
(15) Document Prepared by:
George C. Magwood
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG2VO
Fees and Tax
Registration Fee
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this 10th day of November, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
JEANNE MARIE QUAYLE
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that she is the registered owner of Lot 15,
Registered Plan 372, in the Municipality of Kincardine (former Twp. of Bruce) lmown as
95F John Street, Inverhuron, and hereinafter referred to as the subject lands and more
particularly described on Schedule "A" attached to this agreement.
AND WHEREAS the owner has no municipal maintained access to the subject lands.
The ingress and egress, are accessed by an unopened municipal road allowance lmown as
Lake Street.
AND WHEREAS the owner wishes to access the building from a parking area at the
west end of John Street by crossing the unopened Lake Street to the east of the land being
the original road allowance between the roadway of John Street and a dead end.
AND WHEREAS the aforesaid Lake St. is not a maintained road allowance fonning 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 permit a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
aclmowledging 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 TmS 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 aclmowledges that she has chosen to access the land by way of an
unopened road allowance without maintenance under the jurisdiction of the
Municipality, being the road allowance to the east of the land.
b) The owner aclmowledges that the said road allowance is not 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 road allowance or by way of the establishment of another
road.
d) The owner aclmowledges that she is totally responsible for obtaining maintenance
on the road allowance, which provides access to the lands described in
Schedule "A".
Limited Service Agreement
Page 2 of3
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e) The owner covenants and agrees she will not make improvements or changes to
the road allowance 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 road allowance conditions pennit the safe entry of
trucks.
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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 road allowance 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 pennit 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 pennit
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 pennit must comply with the Building Code Act, the Building
Code and all other applicable laws.
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6. This instroment 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 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 east boundary
which has frontage on the road allowance known as Lake Street.
10. This agreement shall ensure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
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11. The owner covenants and agrees to infonn 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 terms of this agreement.
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(sealed or witnessed)
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Limited Service Agreement
Page 3 of3
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Date
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
~07~~-
Mayor -
~'--c.lQ""
Clerk -
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
_ attested by the hands of its Mayor ~d Clerk tJ.ris~day of tI.......h",.. : 2000.
-.)Mil'" !:h...;r ()i~ has hereunto set his hand this~ day of NOlil'h bp r _ 2000.
SIGNED, SEALED AND DELIVERED I
in the presence of I
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I c Attached to this agreement, Schedule "A" which would be a legal description of the
property.
SCHEDULE "A"
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TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
JEANNE MARIE QUAYLE
LEGAL DESCRIPTION OF THE PROPERTY:
Lot 15, Plan Number 372, which Plan is a Subdivision of
the Town plot of Inverhuron, fonner1y Township of Bruce,
Municipality of Kincardine
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