HomeMy WebLinkAbout02 091 agree 863469 emond king
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11m CORPORÆ10N OF 11m MlOOCIPAUIT OF KlNcloo;
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KBT
BY-LAW
NO. 2002 - 91
A BY-LAW TO AUTHORIZE THE SIGNING OF AN A1.EEMENT FOR
HARBOUR STREET MAINTENANCE PARKING FA ILlTY WITH
863469 ONTARIO INC., MICHAEL JOSEPH MOND
AND JOHN BRUCE KING .
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WHEREAS the Council for The Municipality of Kincardine deel it advisable to
enter into an Agreement with 863469 Ontario Inc., Michael JO~~¡;h Emond and
John Bruce King. !
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AND WHEREAS this Agreement provides for the exemption from the
requirement of providing or maintaining parking facilities with refpect to the lands
described in Schedule "A" attached hereto; I
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NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows: I
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1. That the Corporation of the Municipality of Kincardine enter nto an agreement
with 863469 Ontario Inc., Michael Joseph Emond and John ruce King.
2. That the Mayor and CAO be authorized to sign, on behalf f The Corporation
of the Municipality of Kincardine, the Agreement with 86 69 Ontario Inc.,
Michael Joseph Emond and John Bruce King attached to this by-law and to
affix the corporate seal as and when required.
3. This By-law shall come into full force and effect upon its fin~1 passage.
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4. This By-law may be cited as the "Harbour Street Maintenanpe Parking Facility
Exemption Agreement, By-law". .
READ a FIRST and SECOND TIME this 12th day of June 2002
READ a THIRD TIME and DEEMED TO BE PASSED this 26th ay of June 2002.
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Clerk
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THIS AGREEMENT made this
day of June A.D. 2002.
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BETWEEN:
863469 ONTARIO INC., MICHAEL JOSEPH EMOND
and JOHN BRUCE KING,
Hereinafter called the "OWners"
OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE,
Hereinafter called "Kincardine"
OF THE SECOND PART
WHEREAS the Owners represent to Kincardine that they are the
registered owners of the lands described In Schedule "A" attached hereto and forming
part of this Agreement;
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AND WHEREAS Section 40(1) of the Planning Act provides, in part, that
the Council of a Municipality may enter into an Agreement exempting the owner from
the requirement of providing or maintaining parking facilities, as required by Kincardine's
Zoning By-law Number 1988-1;
AND WHEREAS the Owners have conveyed to the Municipality lands
designated as Parts 4 and 6 on Plan 3R-7582 to enable the Municipality to conduct
various improvements on Harbour Street located in Kincardine;
AND WHEREAS as part of the consideration of the conveyances to
Kincardine, as aforesaid, the Council hereby grants an exemption to the Owners as
hereinafter set forth with respect to the lands described in Schedule "A" attached hereto.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the sum of Two ($2.00) Dollars of lawful money of Canada now paid
by each of the parties hereto to the other, the receipt whereof is hereby acknowledged,
and in consideration of the mutual covenants herein contained, the parties hereto
I covenant and agree, as follows:
1. Kincardine hereby acknowledges the conveyance by the Owners to
Kincardine of the lands designated as Parts 4 and 6 on Plan 3R-7582 for
the purposes of conducting various improvements on Harbour Street.
2. In consideration for the conveyance described in paragraph 1 and the
payment of the sum of One Dollar ($1.00) by the Owners to Kincardine
(the receipt of which is hereby acknowledged), Kincardine hereby exempts
the lands described in Schedule "An from eighteen (18) of the parking
spaces required to be provided and maintained by By-law 1988-1 or any
successor by-law.
3. The basis upon which the payment of One Dollar provided for In
paragraph 2 hereof Is calculated Is as follows:
POlicy of Council is that a parking space is valued at $ 'I -3 00 for the
purpose of section 40 of the Planning Act, R.S.O. 1990, Chapter P.13, as
amended.
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Value of 18 parking spaces", 18 x $
Less value of consideration described in paragraph 1 hereof
Payment
$'
$ 7-~l'~1
$ 1.00
4. The parties agree that this Agreement shall be registered against the
lands described in Schedule "A" attached hereto.
5. This Agreement shall enure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, administrators,
successors and assigns.
IN WITNESS WHEREOF two of the Parties of the First Part have
hereunto set their hands and seals and the one Party of the First Part has hereunto
affixed its corporate seal under the hands of its duly authorized officers in that behalf
and the Party of the Second Part has hereunto affixed its corporate seal under the
hands of its Mayor and Chief Administrative Officer.
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SIGNED, SEALED AND DELIVERED
in the presence of
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fùrf1Jl[) &¿¡C#~12
PRÆ~ Ð6""7'""
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-Title:
IlWe have authority to bind the
Corporation.
~E"',"d_
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~hn Bru ng - "
THE CORPORATION OF THE
MUNICI LlTY DINE
Per:
John deRosenroll, CAO
We have authority to bind the
Corporation.
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SCHEDULE U AM
Put of Lot 1, Subdivision of Lot 5. West of Queen Street and Part of Lot 2. Subdivision of Lot 5. East of
~.ron Terrace. Part of Lot Z. Subdivision of LotS, Easl of Huron TerTSce ,Plan 61, Town of Kincardine
-<~ow Munlcipalily of Kincardine}. County of Bruce. designaled as Part 8 on Pian 3R-7582 and Part of Lot
2'1 Subdivision of Lot 4, East of Huron Terrace. Plan 61, Town of Kincardine (now Municipality of
K ftCllrdìne) County of Bruce. designated as Part 7 on Plan 3R-7582 and Part of Lot 3. West side of Queen
SCreet. Town of Kincardine (now Municipality of Kincardine). County of Bruce now shown as Pari 1 on
Reference Plan 3R-5781.
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~OnIØ'io
0366600
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C£RTlrrCATE OF REGISTRATION
BRUCE (3) WAlKERTON
'02 JUL 3 Rl'lll ~O
~¿¡
LAND REGISTR':
Add1tIanoI:
See
Schedule
Addfllonal;
S.. 0
Schedul.
Document General
Form" LInd Re IstrlUon Reform Act
Do Procese Softwøre ltd. . (416) 322·6111
(11 Registry Œ1
13)=~(S)
land T1tIes 0 (21 Page 1 01 4
pages
Block
Property
Additional:
S.. 0
Schedule
141 Nature 01 Document
Parking Eumption Agreement (s. 40(4) Planning Act)
151 Consideration
Dollars $
c., Descrtpllon
Part or Lot., Subdivision or Lot 5, West or Queen Street and Part or
Lot 2, Subdivision or Lot 5, East of Huron Terrace, Part of Lot 2,
Subdivision of Lot 5, East of Huron Terrace, Plan 61, Town of
Kincardine (now Municipality of Kincardine), County of Bruce,
designated as Part 8 on Plan 3R-7582 and Part of Lot 2, Subdivision of
Lot 4, East of Huron Terrace, Plan 61, Town of Kincardine (now
Municipality of Kincardine) County of Bruce, designated as Part 7 on
Plan 3R-7582 and Part of Lot 3, West side or Queen Street, TowlI of
o Klnurdine (now Municipatity of Kinurdine), Counly of Bruce now
shown as Part. on Plan 3R-7581.
171 this
Document
Cont.lns:
(a)RedeBCIlptloh
New Easement
PIanISke\""
(b) Schedule lor:
01
AddMlona1
Description 00 Parties 0 other 00
CI) ~nI provldeo aolollowo:
! Parking ~xemption Agreement attached herelo as pages 2 to 4
Continued on Schedute !II
(10) PIII","o) (Sol out status or Int8f801)
!!Þ.£,è)'"lRr.i )..I'I1£,...AtJ.o.'R'~?I.'..i'''I£r.caL'''''''''''''''''''''''.......
.~~<;;:. .;.:.:~~;'~~~;'.:~~!~~.~t.,.1~~~~;.~::~~:.~.......................
(Registe ed Owners)
þ.Y..!bldqSl/liti!9.r...!ìub...m..E....M!!.I1!!!ul.........................................
1111 _...
to; ....
f12) Pllly leo, Iset out status or Int......)
Hamejo)
Slgnelure,o) Date of Signature
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............................-...................................---.......---··..¡··....·....···-!....·..r..u..
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D ! 2002 I 06; 1.:.1
....... .............. ................. .......~..........~...............¡.............
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313 Lambton Street, Kincardine, Ontario N2Z 2Y8
slgn8tura(o) . D~te of ?na¡~e
.--...-...............-.........................-....-.·-·······················T·············-·~·······:·_··...
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................................................................................+.···......·..·1...···+...·..
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111&.ÇgkJO[II.liOl\.øU.bc...........................................................-.........
Munici*atity of Kincardine (Municipality)
.-..............¡.......................-..-.....-........-.................-..................-.......-...........
......-....-.-........-........-...-....-.....-........-..............................................-.........
1475 Concession 5; R.R. 5, Kincardine, Ontario N2Z 2X6
(16) Document Preþ8red by:
Fees and Tax
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279 Ha~boÞr Street
Kincar4ine. Ontario
N2Z 3-'3
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Z Registration Fee
MAHOOD & DARCY
J 13 Lamblon Street
Kinurdine, Ontario
N2Z 2Y8
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