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HomeMy WebLinkAbout00 041 Amended by No. 00-50 e e e e THE CORPORATION OF THE MUNICIPALITY OF KJNCARDINE BY-LAW NO. 2000 - 41 A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH DONALD JOSEPH TURCOTTE WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service Agreement in order to clarify the status of Sandpiper Lane prior to issuing a building permit to Donald Joseph Turcotte at Part Lot 43, Concession A, being Parts 1 and 2 on Reference Plan 3R-7103 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 Donald Joseph Turcotte, 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 Donald Joseph Turcotte. 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 "Turcotte Limited Service Agreement, By-law" . READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED this 22nd day of March, 2000. Y£~4·..5' . M r .- · · · , LIMITED SERVIcE AGREEMENT This AGREEMENT made in TRIPLICATE this, 22nd day March, 2000. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- DONALD JOSEPH TURCOTTE Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represents that he is the registered owner of Part Lot 43, Concession A in the Municipality of Kincardine (former Township of Kincardine), 43 Sandpiper Lane 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 private roadway to the subject lands for all purposes included amongst which are ingress and egress, such roadway being Sandpiper Lane. AND WHEREAS the owner wishes to access the building from a roadway to the east of the land being the private road allowance between the County Road #23 and a dead end. AND WHEREAS the aforesaid roadway is a private road and not a road allowance maintained by the municipality fQrming 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 development 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 private 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: I. a) The owner acknowledges that he has chosen to access the land by way of a private road without maintenance under the jurisdiction ofthe Municipality, being the private road allowance to the east of the land. b) The owner acknowledges that the said road is not a municipally owned or maintained road. 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 he is totally responsible for obtaining winter maintenance on the private road, which provides access to the lands described in Schedule "A". ...2/ Limited Service Agreement Page 20f3 - e) The owner covenants and agrees he 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 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 and shall include: Fire protection when weather and roadway conditions do not permit the safe entry of fire trucks, 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 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 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 his 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 Sandpiper Lane. 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 uom such persons an acknowledgment in writing that they are aware · of and bound by the terms of this agreement. ...3/ " . '. . . Limited Service Agreement Page 3 of3 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 22nd day of March, 2000. Donald Joseph Turcotte has hereunto set his hand and seal this :l.2...{ day of Jo1a.rd,\ ,2000. SIGNED, SEALED AND DELIVERED in the presence of C ÃIj V>1 . V'o{ Name (sealed or witnessed) Œ~ ~AV 'i~ Date THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE per: d~~<é:'~~ .........Mayor - G n Jarrell ,- -'...'- per: ~ -""ri.., Clerk - Rosaline Graham :.~ , ~ ¿.:.'- per: ~~ Donal Joseph Turcotte r . ,. - . SCHEDULE "A" TO THE LIMITED SERVICE AGREEMENT BETWEEN THE MUNICIPALITY OF KINCARDINE AND DONALD JOSEPH TURCOTTE , LEGAL DESCRIPTION OF THE PROPERTY: Part Lot 28, Concession "A", Township of Kincardine <now Municipality of Kincardine), County of Bruce, being Parts 1 and 2 on Reference Plan 3R-7103, TOGETHER WITH A RIGHT-OF-WAY in common with others entitled thereto, in, over, along and upon that part of Lot 28, Concession "A", more particularly described as follows: PREMISING that the Southerly limit of the said Lot has a bearing of North 60 degrees, 45 minutes West and relating all bearings herein thereto; COMMENCING at the Southeast angle of said Lot 28, Concession "A"; THENCE North 60 degrees, 45 minutes West along the Southerly limit of Lot 28, a distance of 5,967.50 feet to a point; the said point being the Point of Commencement of the parcel herein described; THENCE North 24 degrees, 3 minutes East a distance of 66.25 feet to a point; , THENCE North 60 degrees, 45 minutes West a distance of 1,273.75 feet to a point; THENCE North 11 degrees. 42 minutes East a distance of 607.70 feet more or less to the Northerly limit of said Lot 28; THENCE North 61 degrees, 29 minutes West along the Northerly limit of said Lot 28, a distance of 68.96 feet to a point; THENCE South 11 degrees, 42 minutes West a distance of 676.00 feet more or less to a point in the Southerly limit of Lot 28; THENCE South 60 degrees, 45 minutes East along the Southerly limit of said Lot 28, a distance of 1,328.10 feet more or less to a point; the said point being the Point of Commencement of the parcel herein described.