HomeMy WebLinkAbout06 059 LSA - Florence Bridge
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2006 - 059
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT
WITH FLORENCE BRIDGE
WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respecting matters and
imposing conditions as a requirement for obtaining a permit;
AND WHEREAS the Municipality of Kincardine Zoning By-law #2003-25 requires
that a Limited Service Agreement must be entered into before development can
occur on a private road;
AND WHEREAS The Municipality of Kincardine wishes to enter into a Limited
Service Agreement prior to issuing a building permit to Florence Bridge for Part
Lot 52 and Part Lot 53, Concession A, known municipally as 42 Red Cedar Drive
South, 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 CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Florence Bridge, attached to this by-law as Schedule "A".
2. That this by-law shall come into full force and effect upon its final passage.
That this By-law may be cited as the "42 Red Cedar Drive South (Bridge)
Limited Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this 3RD
day of May, 2006.
3.
ß,li. -;e. ~
Mayor "
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erk
LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this ?,)C4day of ~ 2006.
BE1WEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
FLORENCE BRIDGE
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that helshe is the registered owner
of 42 Red Cedar Drive South, Part Lot 52 and Part Lot 53, Concession A. in the
Municipality of Kincardine (former Township of Kincardine), Roll no.
4108210005062030000 and hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a private roadway to the subject lands for all
purposes included amongst which are ingress and egress, such private roadway
being Red Cedar Drive South, Municipality of Kincardine.
AND WHEREAS the owner wishes to access the building, from a roadway
known as Red Cedar Drive South, to the east of the land being the private
roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained roadway
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 issue a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are no municipal services provided to the lands using
the above mentioned private road, 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 private road without maintenance under the jurisdiction of the
Municipality.
b) The owner acknowledges that the said private road is not municipally
owned or 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 helshe is totally responsible for obtaining
maintenance on the private road, which provides access to the lands.
...21
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Bridge Agreement
Page 2 of3
2. The owner hereby acknowledges that the subject lands do not presenUy
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 cosUy.
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 executEid 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 if applicable
8. 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 a private road being Red Cedar Drive South.
9. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
10. 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.
...31
Bridge Agreement
Page:3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its mayor and CAO this æ day of ka>...l
, 2006 and Florence Bridge has hereunto set his hand ~ day of.
tr~ \ ,2006.
SIGNED, SEALED AND DELIVERED
in the presence of THE CORPORATION OF THE
MUNICIPALITY OF KINCARDiNE
Der: ßJ1-I,,¡f, ~ .
Mayor - Glenn S-ut$nfI
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per: ~ ,,'- ).. ~~'tr OAA vi
CAO - John deRosenro'~ ... .
(sealed or witnessed)
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