HomeMy WebLinkAbout00 109 LSA - Devitt
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 -109
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH BLAKE ALBERT CROSBY DEVITT
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement with Blake Albert Crosby Devitt at Part Lot 25, Concession A in the
Municipality of Kincardine (former Township of Kincardine) as described in
attached Schedule "A";
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 Blake Albert Crosby Devitt, attached to this by-law and to
affix the Municipality's corporate seal as and when required.
2. That this by-law shall come into full force and effect upon its final passage.
3. That this By-law may be cited as the "Devitt Limited Service Agreement
By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 13th day of September, 2000.
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Mayor
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this 1~µ'daY September, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
BLAKE ALBERT CROSBY DEVIIT
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner of
Part Lot 25, Concession A in the Municipality of Kincardine (former Township of
Kincardine) 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 Wickham Cove
Lane.
AND WHEREAS the owner wishes to access the building from a roadway to the south
of the land being the private road between Wickham Cove Lane (where it is a public
road) and a dead end.
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 consider a building permit the for 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:
1. a) The owner acknowledges that he has chosen to access the land by way of a road
without municipal maintenance under the jurisdiction of the Municipality, being
the private road allowance to the south of the land.
b) The owner acknowledges that the said road is not a municipal road and receives
no municipal maintenance.
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 maintenance
on the road, which provides access to the lands described in Schedule "A".
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Limited Service Agreement
Page 2 of3
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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 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.
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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 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.
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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 south boundary
which has frontage on the portion of Wickham Cove Lane where it is a private road.
10. This agreement shall enure 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 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 Il ~day of f:;,l-v_bu . 2000.
ß'lDh O,"iH--- has hereunto set his hand this"lh day of S¡ I1Ibw .2000.
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(sealed or witnessed) I
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Deputy CAOIDeputy Clerk
Municipality of Kincardine
.~ Attached to this agreement, Schedule "A" which would be a legal description of the
property.
SIGNED. SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Mayor -
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Clerk -
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
BLAKE ALBERT CROSBY DEVITT
LEGAL DESCRIPTION OF THE PROPERTY:
ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being
in the Municipality of Kincardine (former Township of Kincardine), in the County of Bruce and
Province of Ontario and being composed of part of Lot 25, Concession "A", in the said
Municipality of Kincardine (former Township of Kincardine), the boundaries of said parcels being
more particularly described as follows:
FIRSTLY:
PREMISING that the South limit of Lot 25, Concession "A" has a bearing of North 60 degrees 45
minutes West and relating all bearings herein thereto;
BEGINNING at the Southeast angle of said Lot Number 25;
THEN North 60 degrees 45 minutes West along the southerly limit of Lot Number 25, a distance
of 5,909 feet to a point in the said southerly limit of said Lot Number 25 and being at the
intersection of said southerly limit with the westerly limit of the given road crossing said Lot
Number 25;
THENCE continuing North 60 degrees 45 minutes West along the said southerly limit of said Lot
Number 25 a distance of 1,112.60 feet more or less to an iron bar;
THENCE North 29 degrees 15 minutes East 62.66 feet to a point;
THENCE North 29 degrees 15 minutes East 100 feet to the point of commencement of the parcel
herein intended to be described;
THENCE North 60 degrees 45 minutes West 50 feet to a point;
THENCE North 29 degrees 15 minutes East 77.34 feet to a point in the southern limit of a right of
way as shown on a survey made by B.M. Ross, Ontario Land Surveyor, and numbers 61-155-C;
THENCE South 60 degrees 45 minutes East along said right of way 50 feet to an iron bar found
at an ang ie thereof;
THENCE South 29 degrees 15 minutes West along said right of way 77.34 feet more or less to
the point of commencement.
SECONDLY:
COMMENCING to measure at a point in the southerly limit of said Lot Number 25 distant 359.45
feet measured easterly thereon from the Southwest angle thereof, said point being 7,021.60 feet
measu red westerly from the Southeast angle thereof;
THENCE North 29 degrees 15 minutes East a distance of 62.66 feet;
THENCE North 73 degrees 31 minutes West a distance of 51.27 feet to the point of
commencement of the parcel herein described;
THENCE North 73 degrees 31 minutes West 25.63 feet to a point;
THENCE North 29 degrees 15 minutes East a distance of 95.67 feet;
THENCE South 60 degrees 45 minutes East 25 Feet to a line drawn through the point of
commencement on a bearing of North 29 degrees 15 minutes East;
THENCE South 29 degrees 15 minutes West 91.33 feet to the point of commencement.
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THIRDLY:
BEGINNING at a point in the southerly limit of said Lot, at the distance of 359.45 feet measured
South 60 degrees 45 minutes East thereon from the southwesterly angle of said Lot, said point
being 7,021.60 feet measured westerly from the Southeast angle thereof;
THENCE North 29 degrees 15 minutes East and parallel to the westerly limü of said Lot a
distance of 62.66 feet to the point of commencement of the parcel herein described;
THENCE North 29 degrees 15 minutes East a distance of 100 feet;
THENCE North 60 degrees 45 minutes West a distance of 50 feet;
THENCE South 29 degrees 15 minutes West a distance of 111.33 feet;
THENCE South 73 degrees 31 minutes East a distance of 51.27 feet more or less to the point of
commencement of the parcel herein described.
AND TOGETHER WITH a right of way at all times for all purposes over, along and upon a strip of
land, the boundaries of said right of way being more particularly described as follows:
COMMENCING at a point in the southerly limit of said Lot 25 at the distance of 7,121.6 feet
measured North 60 degrees 45 minutes West along said southerly limü from the Southeast angle
to said Lot:
THENCE North 29 degrees 15 minutes East a distance of 40 feet;
THENCE North 60 degrees 45 minutes West and parallel to the southerly limit of said Lot a
distance of 100 feet;
THENCE South 29 degrees 15 minutes West a distance of 20 feet;
THENCE North 60 degrees 45 minutes West 159.45 feet to a point on the easterly limit of the
road allowance reserved along the high water mark of Lake Huron;
THENCE South 29 degrees 15 minutes West a distance of 20 feet to a point in the southerly limit
of said Lot;
THENCE South 60 degrees 45 minutes East a distance of 259.45 feet more or less to the point of
commencement of the right of way herein described;
AND TOGETHER WITH a right of way over part of said Lot 25 at all times and for all purposes
over along and upon a ship of land being 20 feet in perpendicular width extending from the
travelled road through Lot 25 to the right of way described above and being more particularly
described as follows:
BEGINNING at the Southeast angle of said Lot 25;
THENCE North 60 degrees 45 minutes West and along the southerly limü of said Lot 25 a
distance of 5,909.00 feet to a point on the westerly limü of the aforementioned travelled road to
the point of commencement of the right of way herein described;
THENCE North 29 degrees 15 minutes East a distance of 20 feet;
THENCE North 52 degrees 14 minutes West a distance of 556.94 feet to a point;
THENCE North 68 degrees 36 minutes West a distance of 154.22 feet to a point;
THENCE North 54 degrees 41 minutes West a distance of 222.44 feet to a point;
THENCE North 73 degrees 31 minutes West a distance of 294.19 feet to a point;
THENCE South 29 degrees 14 minutes West a distance of 20 feet to a point;
THENCE South 73 degrees 31 minutes East a distance of 221.56 feet to a point;
THENCE South 54 degrees 41 minutes East a distance of 221.56 feet to a point;
THENCE South 68 degrees 36 minutes East a distance of 153.78 feet to a point;
THENCE South 52 degrees 14 minutes East a distance of 557.06 feet to the point of
commencement.
As described in Instrument Number 235420.
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