HomeMy WebLinkAbout00 058 LSA - Kivell
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THE CORPORXTION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 58
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH GWEN KIVELL AND LARRY J. KIVELL
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of 21A Caley Street prior to issuing a
building permit to Gwen Kivell and Larry J. Kivell at Lot 1, Plan 372, Townplot of
Inverhuron 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 Gwen Kivell and Larry J. Kivell, 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 Gwen Kivell
and Larry J. Kivell.
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 "Kivell Limited Service Agreement,
By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 10th day of May, 2000.
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LIMITED SERVICE AGREEMENT
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This AGREEMENT made in TRIPLICATE this, 10th day May, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
Gwen Kivell
Larry J. Kivell
Hereinafter called the "Owners"
of the Second Part.
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WHEREAS the owners herein represent that they are the registered owners of Lot I,
Plan 372, Townplot of Inverhuron, in the Municipality of Kincardine (former Township
of Bruce) and hereinafter referred to as the subject lands and more particularly described
on Schedule "A" attached to this agreement.
AND WHEREAS the owners enjoy a roadway to the subject lands for all purposes
included amongst which are ingress and egress, such roadway being Caley S1reet.
AND WHEREAS the aforesaid roadway is not a year round 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 development of the subject
lands as aforesaid provided that the owners first enter 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 owners.
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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 owners acknowledge that they have 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 north of the land.
b) The owners acknowledge that the said road is not fully maintained on a year
round basis.
c) The owners covenant and agree 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 owners acknowledge that they are totally responsible for obtaining winter
maintenance on the road, which provides access to the lands described in
Schedule "A".
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e) The owners covenant and agree they will not make improvements or changes to
the roadway owned by the Municipality without first obtaining the consent of the
Municipality in writing.
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Kivell- Limited Service Agreement
Page 2 of3
2. The owners hereby acknowledge that the subject lands do not presently receive any
direct municipal services whatsoever.
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3. The owners hereby acknowledge and agree that they 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 owners deliver it to a site approved by the
Municipality, on an existing Municipal garbage pick up route.
4. a) The owners hereby agree 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, s1reet
lighting, sidewalk, curbs, gutters, 1ree planting or any other service whatsoever
other than the one mentioned above.
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5. a) The owners acknowledge 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 owners further acknowledge and agree that no severance or building permit
shall be issued to the owners until this agreement has been signed by the owners.
c) The owners acknowledge that the completion of this agreement shall in no way
guarantee a building permit from the Municipality and acknowledge 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
owners. 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.
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7. The owners shall pay to the Municipality $350.00 for the negotiation and preparation
of this agreement including legal, administrative and registration costs.
8. The owners agree to have the municipality register this agreement on title as part of
the $350.00 fee in paragraph 7 and the municipality will provide a copy of this
registered agreement to the owners.
9. The owners acknowledge that for the purpose of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the north boundary
which has frontage on Caley S1reet.
10. This agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
11. The owners covenant and agree to inform all potential purchasers or other persons
acquiring the land of the existence of this agreement and agree to use their 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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Kivell- 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 10th day of May, 2000.
Larry J. Kivell and Gwen Kivell have hereunto set their hand this ';f~ day of
-Å:Þ"" , 2000.
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SIGNED, SEALED AND DELIVERED
in the presence of
(sealed or witnessed)
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Cfz ·;JJfto.
Date
THE CORPORATION OF THE
~,UN~":~INE
., Mayor - on Jarrell
Der:
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Clerk - Rosaline Graham
Deœ'~ .~~~
Larry '*11
Der:
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
GWEN KIVELL
LARRY J. KIVELL
LEGAL DESCRIPTION OF THE PROPERTY:
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Lot Number 1, on the west side of
Lake Street, as shown on the plan of
survey filed in the Registry Office for
the County of Bruce as Plan Number
372, in the Township of Bruce, in the
County of Bruce, Townplot of
Inverhuron, now in the Municipality of
Kincardine.
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Document General
Fonn 4 - Land Reglstra~on Reform Act
THE UPPu. CANADA IIOCUM£NT COMPANY
1-677+UC.oocS www.lIC(tocs.net
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(1) Registry 181
(3) Property
Identiller(s)
Land Titles 0
Block
(2) Page 1 of .s- pages
Property
Additional:
See
Schedule 0
CERTIFICATE OF REGISTRATION
BRUCE (3) WALKERTON
(4) Nature 01 Document
LIMITED SERVICE AGREEMENT
'00 rJAY 25 ArJ 11 52
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Dollars $
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LAND REGISTRAR
(6) Description
New Property ldentlllers
Lot Number 1, ÐB the West sitte Ðfl.lll<e Street, as shown on the plan
of survey IDed in the Registry Office for the County of Bruce as Plan
NuDlber 372, in the TOWlUhip of Bruce, in the County of Bruce,
TOWllplot of Inverhuron, now in the ~-~i~cof,Kincar4i.Q.c.~-;¡'i
Additional:
See
Scheduie 0
Executions
Additional:
See
Schedule
(7) This
Document
Contains
(a> Redescrtption
New Easement
Plan/Sketch 0
(b) Schedule for:
Description 0
Additional
Parties 0
Other 181
ee Limited Service Agreement attached.
Continued on Schedule 0
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
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Date of Signature
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(11) :::=ce 707 Queeu Street, Kincardine, Ontario, NZZ lZ9
(12) Party(ies) (Set out Status or Interest)
Date of Signature
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(13) Address
for Service r:9f I'f ? ¡{.
, MuniclpaJ Address of Property
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(15) Document Prepared by:
George C. Magwood
WAECHTER. MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG 2VO
Fees and Tax
Registration Fee 0
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