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Home My WebLink About00 079 LSA - Atkinson ¡;.;. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE -,e BY-LAW NO. 2000 - 79 A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH CLIFFORD EDWIN ATKINSON WHEREAS The Municipality of Kincardine has been requested to enter into a Limited Service Agreement with Clifford Edwin Atkinson at Part of Lot 53, Concession A in the Municipality of Kincardine (former Township of Kincardine); e- AND WHEREAS the Municipality of Kincardine requires a Limited Service Agreement prior to issuing building permits for properties without access to municipal roadways with year round municipal maintenance; AND WHEREAS Mr. Atkinson's property has access from a private road, known as Red Cedar Drive North without municipal services; AND WHEREAS Mr. Atkinson requests a Limited Service Agreement in order to obtain a building permit; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: ~ 2. 3. 4. 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 Clifford Edwin Atkinson, attached to this by-law and to affix the Municipality's corporate seal as and when required. This agreement is to be registered on title at the expense of Clifford Edwin Atkinson. That this by-law shall come into full force and effect upon its final passage. That this by-law may be cited as the "Atkinson Limited Service Agreement, By-law" . READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED this 14th day of June, 2000. ~,~ ~ Mayor e . . . . , LIMITED SERVICE AGREEMENT This AGREEMENT made in QUADRUPLICATE this, I4th day of June, 2000. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- CLIFFORD EDWIN ATKINSON Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represents that he is the registered owner of Part of Lot 53, Concession A in the Municipality of Kincardine (former Township of Kincardine), 29 Red Cedar Drive North 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 Red Cedar Drive North. AND WHEREAS the owner wishes to access the building from Red Cedar Drive North (a private road) to the east of the land from the municipal road allowance being Lome Beach Road between County Road #23 and a dead end. AND WHEREAS the aforesaid roadway is not a municipal 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 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 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 he has chosen to access the land by way of a road without winter maintenance under the jurisdiction of the Municipality, being the road allowance to the east of the land. 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 he is totally responsible for obtaining all maintenance on the road, which provides access to the lands described in Schedule "A". ...2/ - ----- ..-. .."..~.J/,r '- · · · . , Atkinson Limited Service Agreement Page 2 of3 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 owner hereby acknowledges and agrees that he 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 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 Red Cedar Drive North. 10. This agreement shall enure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. II. 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 best efforts to obtain from such persons an acknowledgment in writing that they are aware of and bound by the terms of this agreement. ...3/ - - --?£~ · · · .. Atkinson 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 14th day of June, 2000. Clifford Edwin Atkinson has hereunto set his hand this 14th day of June ,2000. SIGNED, SEALED AND DELIVERED in the presence of (sealed or witnessed) ~ ~dV~ Name Date THE CORPORATION OF-THE MUNICIPALITY OF KINCARDINE ~~ M~ÖI Cörððft J!l!.'rell Deputy Mayor GordThompson -- Der: ;:;)----. .... L ".. i Clerk - Rosaline Graham -~ / C d Ed tkinson - ~, ~ · · · . ,..,.'....'/,,:"" SCHEDULE "A" TO THE LIMITED SERVICE AGREEMENT BETWEEN THE MUNICIPALITY OF KINCARDINE AND CLIFFORD EDWIN ATKINSON LEGAL DESCRIPTION OF THE PROPERTY: FIRSTLY Part of Lot Fifty-three (53), Concession "A", Township of Kincardine, County of Bruce now in the Municipality of Kincardine. PREMISING that the Southerly limit of said lot has a bearing of North Sixty Degrees, Twenty-nine Minutes Five Seconds West (N. 60° 29' 05" W.) and all bearings herein are related thereto. COMMENCING at a point within said Lot which may be located thus: BEGINNING at the Southeast angle of said Lot 53; THENCE North Sixty Degrees, Twenty-nine Minutes Five Seconds West (N. 60° 29' 05" W.), along said Southerly limit, a distance of Four Thousand, Five Hundred and Ninety-six and Thirty-two One Hundredths Feet (4,596.32') to the Westerly limit of a Sixty-six Foot (66') road crossing said Lot, as shown on a plan of survey by E. P. Bowman, Ontario Land Surveyor, dated November 5, 1938; THENCE North Seventeen Degrees Fifty-two Minutes East (N. 17° 52' 00" E.), along the Westerly limit of said road, a distance of Three Hundred and Two and Eighty-one One Hundredths Feet (302.81 ') to a bend in said limit; THENCE North Twelve Degrees Fifty-four Minutes East (N. 12° 54' 00" E.) continuing along said Westerly limit, a distance of Six and Thirty-nine One Hundredths Feet (6.39') to the point of commencement. THENCE North Twelve Degrees Fifty-four Minutes East (N. 12° 54' 00" E.) continuing along said Westerly limit, a distance of Seventy-five Feet (75.0'); THENCE North Sixty-four Degrees Forty-six minutes West (N. 64° 46' 00" W.) a distance of One Hundred and Seventy-five and Twenty-three One Hundredths Feet (175.23"), more or less, to the Westerly limit of said Lot 53; THENCE Southwesterly, along said Westerly limit, a distance of Seventy-five Feet (75.0'), more or less, to the intersection with a line drawn through the point of commencement on a bearing of North Sixty-four Degrees Forty-six Minutes West (N. 64° 46' 00" W.); THENCE South Sixty-four Degrees Forty-six Minutes East (S. 64° 46' 00" E.), along said line, a distance of One Hundred and Ninety and Twenty-three One Hundredths Feet (190.23') more or less, to the point of commencement. As Described in Instrument No. 87790. SECONDLY: Part Lots 52 and 53, Concession "A", Township of Kincardine, County of Bruce now in the Municipality of Kincardine. PREMISING that the Easterly 4031.04 feet of the Northerly limit of Lot 53 has a bearing of N 60° 20' 40" Wand relating all bearings herein, thereto; COMMENCING at a point within Lot 53 which may be located thus; BEGINNING at the Northeasterly angle of said Lot; THENCE N 60° 20' 40" Wand along the Northerly limit of said Lot a distance of 4031.04 feet; THENCE N 60° 45' Wand along the Northerly limit of said Lot a distance of 679.07 feet; - -<-_~,~/;:'-(;;L;L:'¿_,¡ · · · . Page 2 of Schedule "A" THENCE S 29° 15' W a distance of 84.43 feet to the point of commencement. THENCE S 29° 15' W a distance of 65.57 feet; THENCE N 60° 45' W a distance of 6.35 feet to a point in the Westerly boundary of the road allowance as shown on a plan of survey by E. P. Bowman, O.L.S., dated November 5,1938; THENCE S 12° 54' W, along said Westerly boundary, a distance of 216.35 feet to a point; THENCE S 17° 52' W a distance of 302.81 feet along said Westerly boundary to a point in the South boundary of Lot 53; THENCE Continuing S 17° 52' 00" W a distance of 34.8 feet to a point in said Westerly boundary; THENCE S 10° 46' 00" W a distance of 302.50 feet to a point in said Westerly boundary; THENCE S 3° 37' 00" E a distance of 245.56 feet to a point in said Westerly boundary; THENCE S 14° 18' W a distance of 137.25 feet to a point in said Westerly boundary; said point being the boundary line between Lots 52 and 51; THENCE S 60° 37' 30" E, along the last mentioned boundary, a distance of 43.99 feet; THENCE N 15° 29' 10" E a distance of 39.38 feet to a point; THENCE S 60° 26' 40· E a distance of 23.54 feet to a point in the Easterly boundary of said road allowance; THENCE N 14° 18' E a distance of 125.92 feet to a point in the said Easterly boundary; THENCE N 3° 37' 00" W a distance of 10.37 feet to a point, being the intersection of the South boundary of a 12 foot lane and of the East boundary of the road allowance herein; THENCE S 83° 30' 40" E a distance of 308.97 feet to a point; THENCE S 74° 14' 40" E a distance of 48.93 feet to a point, being the intersection of the South limit of a 12 foot lane and the West limit of a Township Road; THENCE N 25° 22' 15· E along said West limit of said Township Road, a distance of 12.18 feet; THENCE N 74° 14' 40" W a distance of 51.94 feet to a point; THENCE N 83° 30' 40" W a distance of 312.08 feet to a point, being the intersection of the North limit of a 12 foot lane and the East limit of the Road allowance; THENCE N 3° 37' 00" W a distance of 225.08 feet to a point in the Easterly boundary of said road allowance; THENCE N 10° 46' 00· E a distance of 290.09 feet to a point in said Easterly boundary; THENCE N 17° 52' 00· E a distance of 336.39 feet to a point in said Easterly boundary; THENCE N 12° 54' 00· E a distance of 268.09 feet to the intersection of the East limit of the road allowance with a line drawn from the point of commencement on a bearing of S 60° 20' 40· E, said line being the South limit of a 20 foot lane; THENCE N 60° 20' 40· W, along the last mentioned line, a distance of 43.19 feet to the point of commencement. .- ~~ ~,,.< ___.,~ù~·~,· "o--i;;';"~~'j .... , Page 3 of Schedule "An . As previously described in instrument number 116514. This description has been prepared from a plan of survey of part of Lots 52 and 53, Concession "A", Township of Kincardine, County of Bruce now in the Municipality of Kincardine, made by J. C. Milne, O.L.S., of Howatt & Milne, Ontario Land Surveyors, Box 112, Owen Sound, Ontario, dated October 13, 1969. RESERVING UNTO and to Orville Robinson, his heirs, executors, administrators, successors and assigns a right of way over the lands herein above described. Terms The grantor grants to the grantees, their heirs, executors, administrators and assigns a right of way for persons and vehicles over the described lands. . .' . "c·~··_-,·,'- :2:::...~ ~-"':;';'._"." .,..,. :..~'-- ,~...- IAI ~rovince ?- ~Ontario Document General Form 4 .. Land Registratioo Reform Act THE lJJ>I'9. CANAw. DoclNBNr COMPANY 1-877-+UC-OOCS _.ua:foc8.JIet D ". -- 0350222 (1) Registry I:8J (3) Property Identifler(s) Land Titles D Block (2) Page 1 of 7 pages Property Additional: See Schedule D CERTIFICATE OF REGISTRATION BRUCE (3) WALKERTON (4) Nature of Document LIMITED SERVICE AGREEMENT onSI on > ~ z o w '" ::> w ~ ~ .. o '" o ~ '00 JUN 26 PrI 2 ~9 Dollars $ D/}...~t ~ ;;~~;;;R (6) Description d~) {;"- Part oCLot 53, Concession A, in the Municipality of Kincardine (formerly the Township of Kincardine), in the County of Bruce and more particularly described in the schedule attached as pages 5-7. New PI'QPØr\y Identifiers Additional: See Schedule D Additional: See Schedule (7) This Document D COnlal"" (a) Redescription New Easement Plan/Sketch D (b) Schedule for: Description [8] Additional Parties D Other [8] This Document provides _ follows: ee Limited Service Agreement attached. Continued on Schedule D (9) This Document relates to instrument number(s) (10) Party(les) (Set out Status or Interest) Date of Signature Y M D .A1;'..çº~º~TIº~O¥...~..~Çª"~.._ __º¥~ÇA@~_._....._...._.____ Signature(s) ................................ ....................................... · . · . · . · . · . · . · . · . · . · . · . ..............___.........................R ...........~.. . ..___!n:..iÌ!!..~!!.çitm:...G.~ºrg~..ç,..M.ªgw..9.º!t.._.____. ............................... ····...····1··············¡····... ~~b-. __ej_~~'O'!"O~[~~. ....................-...-..--.................. ................... 707 Queen Street, Kincardine, Ontario NZZ lZ9 (12) Party(las) (Set out Status or Interest) Date of Signature Y M D Name(s) ......AI.JQN~ºN>..ç!!ff.9.r!!.~.!!w!!"'.._....._..___.._....__...._ ............(O:w.ner.)............_.._..._._.....__.__............_.._...._..............__ Signature(s) i . ¡ ················t··-·---+..······...·· I I ·······t·············+-..-··· ..................................................................................................---.-..-........ ........................·..............·m.·...·...··· ................................................................... -........--............................ ...............................................................................--_.... .......--.........-....-.--.-...- ................................. . ...................... ····.._·l...·········~...········- (13) Address for Service 458 Gerrard Street East, Toronto, Ontario M5A 2ID Iclpel Address of Property R.#2 Tiverton, Ontario NOG2TO (15) Document Prepared by: George C. Magwood WAECHTER, MAGWOOD, VAN DE VYVERE & THOMPSON 215 Durham Street Walkerton, Ontario NOG2VO Fees and Tax Registration Fee ~ ~ !š w u Ii: is ~ Total Dt)