HomeMy WebLinkAbout00 154 LSA - Mehring
,~.
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
<BT
NO. 2000 -154
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH REINHOLD HERMAN MEHRING AND LYNNE ANNE
MEHRING
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Stewart Lane prior to issuing a building
permit to Reinhold Herman Mehring and Lynne Anne Mehring 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 Clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Reinhold Herman Mehring and Lynne Anne Mehring,
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 the
Municipality of Kincardine.
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 "Mehring Limited Service Agreement
By-law" .
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 13th day of December, 2000.
~
-
.
~ Province
. . of
Ontario
Document General
Form 4 - Land Registration Reform Act
'IHE UPPER CANADA D:>cuMENT CoMPANY
1-877-4-1JC.ooCS www.1I(:docs.1Iêt
D
(1) Registry 181
(3) Property
Identifier(s)
Land TiUes D
Block
(2) Page 1 of 6 pages
Property
Additional:
See
Schedule D
CERTIFICATE or RECISTRATlON
BRUCE (3) WALKERTON
(4) Nature of Document
LIMITED SERVICE AGREEMENT
>-
-'
z
o
w
'"
::>
w
~
~
~
o
..
o
~
'00 DEC 28 PM 2 ~7
nSI era on
DOllars $
~'IJ
f.r;
LAND REGISTRAR
(6) Description
New Property Identifiers
Part of Lot 29 in Concession A or Lake Range of the Municipality of
Kincardine (formerly the Township of Kincardine), in the County of
Bruce and more particularly described in the schedule attached as
page 5 and 6.
Additional:
See
Schedule D
Executions
Additional:
See
Schedule
D
(7) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch D
(b) Schedule for:
Description 181
Additional
Parties D
Other IïJ
(8) This Document provides es follows:
ee Limited Service Agreement attached.
""''''-
Continued on Schedule D
(9) This Document relates to Instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Date of Signature
Y M D
Name(s)
..~Ǻ~ºMI!ºNº¥.~.M.ºNJ.g~AI.ÆIX...m
º¥I.9:NÇA@:I.N¥.m
Slgnaturo(s)
........................... ........................ ........................................
............;.....
......!!y...i.t!!...~.9.Ii.Ç.¡!º.!.:,G~~u:g~.Ç,Mªgw..ºº!L.........................................
. ..................................................... .................................................~....
..¿~...~....¿~
............!....
2000
12 ¡ 22
707 Queen Street, Kincardine, Ontario N2Z 1Z9
(12) Party(ies) (Set out Status or Interest)
Date of Signature
Y M D
Narne($t·
MEHRING Reinhold lIerman ..
..................................................1........................................................................................................................................
SignatlJre(sJ
.........................................................-........................... ........................~
j
......··..t·
...........MEHRING..Lynne.Anne...
(Owners)
.....................................
................................
........... .................... ... .................................1'
.....+...
--......................................... ...............................................................................................................................
........................................ ... ..................................................................
(13) Address
for Service
10 Stewart Lane, Kincardine, Ontario
Municipal Address of Property
tewart Lane
Kincardine, Ontario
(15) Document Prepered by:
George C. Magwood
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG2VO
Fees and Tax
~ Registration Fee
z
o
w
¡g
~
o
'"
12
Total
Go
-
.
.
.
I
"~
LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this I~¡tday of J)ea...b,r ,2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
REINHOLD HERMAN MEHRING AND LYNNE ANNE MEHRING
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners of Part Lot
29, Concession A, in the Municipality of Kincardine (fonner Twp. of Kincardine), known
as 10 Stewart 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 Stewart
Lane.
AND WHEREAS the owner wishes to access the building from a private roadway to the
west of the land being the original road allowance between the private road of McConnell
Drive and Vema Lane.
AND WHEREAS the aforesaid roadway is not a 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 pennit a building pennit 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 limited services private road, and agreeing not to demand municipal
services ftom 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 they have chosen to access the land by way of a
private road without maintenance under the jurisdiction of the Municipality, being
the road allowance to the west of the land.
b) The owner acknowledges that the said road is not municipally maintained.
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 private road or by way of the establishment of another
road.
d) The owner acknowledges that they are totally responsible for obtaining
maintenance on the private road, which provides access to the lands described in
Schedule "A".
...2/
.
.
.
I
...21
e) The owner covenants and agrees they will not make improvements or changes to
any 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 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 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 pennit 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 pennit the safe entry of fire trucks,
garbage collection, dreinage 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 pennit the
Municipality to detennine 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 pennit trom the Municipality and acknowledges that an
application for a pennit 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 their 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 the private road known as Stewart Lane.
10. This agreement shall ensure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
II. The owner covenants and agrees to infonn all potential purchasers or other persons
acquiring the land of the existence of this agreement and agrees to use their best
efforts to obtain from such persons an acknowledgment in writing that they are aware
of and bound by the tenns of this agreement.
.
.
.
I
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor ~d Clerk tJ:ris J~I-J.. day of ,2:ce",b: ~ ' 2000.
-ÆìtktJ "f!Ju", 1f,J,2 has hereunto set his hand this.tZ:.- day of Ill''''), ,2000.
SIGNED, SE LED AND DELIVERED
in the presence of THE CORPORATION OF THE
MUNICI ITY ARDINE
(sealed or witnessed)
¡(úJd~
Witness
ftl~
Date
ner:
~
Clerk -
~ ...L_. .J.J.
///:;!o b
Date
1/1/7100
Date
(c Attached to this agreement, Schedule "A" which would be a legal description of the
property.
ef'
Der:
Reinhold Herman Mehri
r~'
L eAnneMe' g ¡
.
.
.
,
Page 1 of2
SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
REINHOLD HERMAN MEHRING AND LYNNE ANNE MEHRING
LEGAL DESCRIPTION OF THE PROPERTY:
/ILL MID SINGUL/lR that certain parcel or tract of land and. premises,
situate, lyinq and beinq in the Township of Kincardine, in the County
of Bruce, and Province of Ontario, and beinq composed of Part of Lot
29 in Concession "/I" or Lake Ranqe of the said Township of Kincardine
and being more.particuiarly described as follows.
PREMISING that the southerly iilnit of said Lot 29 has a bearing of
of North 61 degrees 45 minutes West and relatlnq all bearinqs herein
thereto.
CO.IH£NCING at a point in the northerly limit of said Lot where the said
north~rly limit intersects the westerly limit of a travelled road, and
which point is distant 6153.25 feet westerly of the north east angle of
said Lot 29,
4 deqrees 3 minutes West a distance of 193.80 feet I
24 deqrees 4 minutes West a distance of 292.46 feetl
61 degrees 45 minutes 20 seconds West a distance of 853.85
TIIENCE South
-_.
~.!!£! .South
THENCE North
---
feetl
TIIENCE North 45 degrees 5 minutes East a distance of 225 feet tO"the
place of beginning of tl;e iands to be described I
TIIENCE North 45 degrees 5 minutes East a distance of 75 feet I
!!!!!!£! South 61 degrees 45 minutes 20 seconds East a distance of 209.75
feetl
!!!!!!£!: South 45 deqrees 5 minutes west a distance of 75 feet,
!!!EN~ North 61 deqrees 45 minutes 20 seconds West a distance of 209.75
feet to the place of beqinninq.
TOGETIIER II1TII /I RIGIIT or WilY over part of said Lot 29 more particularly
described es follows.
!;g.!l!1.!:'!f~ at e point in the northerly limit of said Lot. which is
intersected by the westerly Ihn,it of a travelled road an~ which said
point is distant 6153.25 feet westerly of the north east angle of said
Lot 29,
:!"!!P~£!: South 4 degrees 3 minutes West a. distance of 193.80 feet,
'!.!!!!lE!P. South 24 degrees 4 minutes West a distance of 292.46 .feet to the
place of beginning of said right-of-way.
!!!~.!!£!: South 24 degrees 4 minutes West along t.he westerly limit of said
travelled road e distance of 66.18 feet,
:r!!~!.!!;.!: North 61 degrees 45 minutes 20 seconds West a distance of JJ57.4
feetl
.!:!!!.t:'!;.!: South 45 degrees 5 minutes Nest a distance of 125.57 feet to a
pn\~t in the southeriy limit of said Lot,
~:I!~l'CE Nort.h 61 deqrees 45 minutes 20 seconds ''lest along said 6oulheri\'
limit a distance of 69 fnet'
!1!!'i~Ç!: North 45 degrees 5 minutes East a distance of 565 feetl
!.1.ŒI!.r:!: North 61 degrees 45 minutes 20 seconds Ilest a distance of 209.75
feetl
,
Page 2 of2
.
SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
REINHOLD HERMAN MEHRING AND LYNNE ANNE MEHRING
1;
LEGAL DESCRIPTION OF THE PROPERTY:
(cont'd.)
.
!ll!~CE North 45 degrees 5 minutss East a distance of 35.feet,
!~~1!£! south 61 deqrees 45 lAin'utes 20 seconds East a distance of
209.75 fset,
!!!.E..!:!£! North 45 degrees" 5 ,dnutes East a distance of 81.5 feet to the
northerly Iimi t of ¡'aid Lot,
!fg:~ south '61 degrees 53 minutes East along said northerly limit a
distancè of 69 feet,
THE~ South 45 degrees 5 minutes West a distance of 150 feet,
!!!..~ South ·61 degrees 45 minutes 20 seconds East a distance of 478.15
feetl
!~~ south 45 degrees 5 minutes west a distance of 337.14 feet'
!HENCE North 61 degrees 45 minutes 20 seconds West a distance of 69
feet,
TlfEHCE Harth 45
TlfENCE Harth 61
feet,
!!!~ South
TILl!!!£! south
1332.60 feet
degrees 5 minutes East a distance of 300 feet,
degrees 45 minutes 20 seconds West a distance of
409.75
45 degrees 5 minutes west a distance of
61 degrees 45 minutes 20 seconds East a
to the place of beginning.
300' feet.
distance of
As described in intrument number 23-3714,
.
,