HomeMy WebLinkAbout00 096 LSA - Joyce Graham
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 96
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH JOYCE GRAHAM
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement with Joyce Graham at Part Lot 53, Concession A in the Municipality
of Kincardine (former Township of Kincardine) as described in attached Schedule
"An;
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 Joyce Graham, 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 "Graham Limited Service Agreement
By-law" .
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 9th day of August, 2000.
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Document General
Form 4 . Land Registration Reform Act
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,0351980
(1) Registry 181 Land Tilles D
(3) Property Block
Identlfler(s)
(2) Page 1 of ,pages
Property
Additional:
See
Schedule D
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CERTIFICATE OF REGISTRATION
BRUOE (3) WAlKERTON
(4) Nature of Document
Limited Service Agreement
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Dollars $
(6) Descñption
Part of Lot 53, Concession A, in the Municipality of Kincardine
(former Township of Kincardine), County of Bruce more particularly
described in schedule page 5 attached.
New Property Identifiers
Additional:
See
Schedule D
Together with a right-of-way over Part Lots 52 and 53 in said
Concession A.
Additional:
See
Schedule
(7) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch D
(b) Schedule for:
Description 181
Additional
Parties D
Other 181
Document provides as followe:
See Limited Service Agreement attached.
Continued on Schedule D
(9) This Document relates to instrument number(s)
(10) Porty(les) (Set out Status or Interest)
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THE CORPORATION OF THE MUNICIPALITY
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Oate of Signature
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13
707 Queen Street, KIncardine, Ontario N2Z lZ9
Date of Signature
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Name(s)
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S.Ï!;I"!ature(s)
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...................................................... ........................................................
...........(0!Y.ner)..........................................................._.................................................."........."..".".......
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(13)Addreee
Service
17 Robinson Street, Kincardine, Ontario
unicipal Address of Property..-,
Kincardine, Ontario
(15) Document Prepared by:
Brian J. Van De Vyvere
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
WalkertoB, Ontario
NOG2VO
Fees and Tax
Registration Fee
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this 18th day July, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
JOYCE GRAHAM
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that she is the registered owner of Part
Lot 53, 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
Robinson Street.
AND WHEREAS the owner wishes to access the building from a roadway to the
east of the land being Robinson Street the private road allowance between
Upper Lome Beach 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 of Kincardine and Bruce County Official Plan.
AND WHEREAS the Municipality is prepared to permit the severance 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 limited services 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 she has 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 east of the land.
b) The owner acknowledges that the said road is not fully maintained on a
year round basis.
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 she is totally responsible for obtaining
winter maintenance on the road, which provides access to the lands
described in Schedule "A".
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Limited Service Agreement
Page 2 of J'
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e) The owner covenants and agrees she 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 she 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.
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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 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 hislher
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 East
· boundary which has frontage on Robinson Street.
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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Limited Service Agreement
Page 3 of3
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 his/her 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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IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its mayor and clerk this..!!.!2.. day of A...j...., t
, 2000. has hereunto set his hand this day of_
,2000.
SIGNED. SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
per:~
, Mayor-
per:
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Clerk -
(sealed or witnessed)
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Bob W_
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::: AttachM~i~g~f~~, Schedule "A" which would be a legal description
of the property.
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
JOYCE GRAHAM
LEGAL DESCRIPTION OF THE PROPERTY:
All and Singular that certain parcel or tract of land and premises situate, lying and
being composed of Part Lot 53, Concession A in the Township of Kincardine and
being more particularly described as follows:
PREMISING that the southerly limit of said lot has a bearing of N 60° 29' 5" West
. and relating all bearings herein thereto.
COMMENCING at a point within said lot distant 85 feet measured North 19° 11'
10" East from a point on said southerly limit distant 4,218.0 feet measured North
60° 29' 5" West thereon from the southeasterly angle of said lot;
THENCE N 19° 11' 10" East a distance of 1 00.28 feet;
THENCE N 75° 4' 55" West a distance of 166.89 feet;
THENCE S 170 54' 30" West a distance of 100.14 feet;
THENCE S 75° 4' 55" East a distance of 164.66 feet to the point of
commencement;
Together with a right of way for all purpose for persons, animals and vehicles
over along and upon those parts of lots 52 and 53, Concession A in the said
Township of Kincardine described as follows:
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COMMENCING at a point on the limit between the said Lots 52 and 53, distant
4,218.0 feet measured N 60° 29' 05" West thereon from the southeasterly angle
of lot 53;
THENCE S 19° 11' 10" West a distance of 75.0 feet;
THENCE S 8° 13' 00" East a distance of 384.25 feet to the westerly limit of an
86.0 foot township road which crosses the said lots;
THENCE N 25° 22' 15" East along said westerly limit a distance of 119.30 feet;
THENCE N 8° 13' 00" West a distance of 269.19 feet;
THENCE N 19° 11' 10" East a distance of 525.00 feet more or less to the
southerly highwater mark of the sandy river which flows through the said lot 53;
THENCE westerly along said highwater mark a distance of 70.0 feet more or less
to intersection with a line drawn from the point of commencement on the bearing
. of N 19° 11' 10" east;
THENCE S 19° 11' 10" West along the last mentioned line a distance of 485.00
feet more or less to the point of commencement.
As described in Instrument Number 67432.
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