HomeMy WebLinkAbout00 050 Amend No. 00-41-Turcotte
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TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 50
BEING A BY·LAW TO AMEND BY-LAW NO. 2000-41 BEING A BY-LAW TO
AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH
DONALD JOSEPH TURCOTTE
WHEREAS the Municipality of Kincardine agreed 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) on the 22nd day of March, 2000;
AND WHEREAS the reference to Part Lot 43, Concession A (former Township of
Kincardine) should read Part Lot 28, Concession A (former Township of
Kincardine);
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That By-law Number 2000-41 and the attached Limited Service
Agreement with Donald Joseph Turcotte be amended to change the
reference Part Lot 43, Concession A (former Township of Kincardine) to
Part Lot 28, Concession A (former Township of Kincardine).
2.
That this amended Limited Service Agreement be registered on title at the
expense of Donald Joseph Turcotte.
3.
This by-law shall come into full force and effect on its final passing.
4. This by-law may be cited as the "Amended Turcotte Limited Service
Agreement, By-law".
READ a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED this
12th day of April, 2000.
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twE' DI..IFIHMiI 00. WC.-Fonn No. 815
AIHnded NO'i. 1_
Document General
Form 4 - Und Registration Reform Act
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Land TIUes D (2) Page 1 of 5 PEIQ8S
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CERTIFICATE OF RECISTRATlON
BRUCE (3) WALKERTON
(4) _... of-.
. Limited Service Agreement
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(6) Description
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. being
more particularly described in Schedule attached as
page 5.
N.... Properly Identifiers
Additional:
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Contains:
(0) Redescription
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(b) Schedule for:
Desalpllon KI
Additional
Parties 0 Other ~
~ Document provld.... folloWs:
~ See Limited Service Agreement Attached.
Continued on Schedule 0
(9) This Document relatss to Instillment number(s)
(10) Partý(Ies) (SfII out SIaIus or Interest)
NlIIII8(s) Signslure(s) Date of Signature
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(11) Address 451 Highland Drive
tor Serv.... .
(12) Psrty(I.s) (Set. out SIaIu8 or Interest)
Name(s)
THE COBPORATION OF THE
..........................................,...........................................................
Kincardine. Ontario N2Z 1W9
Slgnature(s)
Date of Signature
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t 1:\ Address
Service 707 Queen St..
!pel Address of ........rty
43 Sandpiper Lane
B..R. 5
Kincardine. ON
N2Z 2X6
Kincardine. ON N2Z lZ9
(")Document Pre""red by:
BOB WARAH
Deputy CAO/Deputy Clerk
Municipality of Kincardine
707 Queen Street
Kincardine. ON
N2Z 2Y6
Fees and Tax
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Page 2 of 5
LIMITED SERVICE AGREEMENT
1bis 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 TURCOTrE
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein xepresents that he is the registered owner of Part Lot 28,
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 forming part of the municipal road system of the
Municipality and as such the development of the subject lands would be con1rary 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 ðP.mand municipal services from
the Municipality beca11Se 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 bas chosen to access the land by way of a
private road without ma;ntP.nRnr;:P. under the jurisdiction of the 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
¡na;nf1 ;ned road.
c) The owner coveIl8D1s and agrees that no dP.m8 ;ld 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". .
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Page 3 of 5
Limited Service Agreement
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e) The owner covenants and agrees he will not make improvements or changes to
the roadway owned by the Municipality without fl1'St 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, sidewa1k.
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
hemo. 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 from such persons an acknowledgment in writing that they are aware
of and bound by the terms of this agreement.
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Limited Service Agreement
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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 ).Jot./ day of rl4nh ,2000.
SIGNED, SEALED AND DELIVERED
in the presence of
(sealed or witnessed)
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Name
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Clerk - Rosaline Graham .
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Donald Joseph Turcotte
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Page 5 of 5
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SCHEDULE "A"
TO
THE UMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPAUTY OF KINCARDINE
AND
DONALD JOSEPH TURCOTTE
,
LEGAL DESCRIPTION OF THE PROPERTY:
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Part Lot 28, Concession "A", Township of Kincardine (now Municipality of
Kincardine), County of Bruce, being Parts 1 and 2 on Reference Plan 3R-71 03,
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;
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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.
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