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HomeMy WebLinkAbout02 037 agree clifton removal e It e e BY-LAW NO. 2002 - 37 A BY·LAW TO AUTHORIZE THE SIGNING OF AN ~REEMENT TO PERMIT CONSTRUCTION OF A DWELLING ITH THE CONDITION OF REMOVAL OF THE EXISTING DELLING I WHEREAS the Council for The Municipality of Kincardine deem! it advisable to enter into an Agreement with Allan Brown Clifton and Carroll Margaret Clifton. AND WHEREAS the council of the Corporation of the MuniciPal~' of Kincardine has given direction to the Chief Building Official to issue a perm' to construct a second dwelling with the condition of the removal of the existing dwelling. I NOW THEREFORE the Council for The Corporation of th, Municipality of Kincardine ENACTS as follows: I , , 1. That the Corporation of the Municipality of Kincardine enter i to an agreement with Allan Brown Clifton and Carroll Margaret Clifton for t e removal of the existing dwelling on Part Lot 48, Concession A, 682 ruce Road 23, Municipality of Kincardine (former Township of Kincardine) y the 30th of May 2003; I 2. That the Mayor and CAO be authorized to sign, on behalf O~The Corporation of the Municipality of Kincardine, the Agreement with Allan rown Clifton and Carroll Margaret Clifton attached to this by-law and to affix e corporate seal as and when required. I 3. This By-law shall come into full force and effect upon its fin~1 passage. 4. This By-law may be cited as the "Clifton Removal of ¡Existing Dwelling Agreement. By-law". I ¡ READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this 27th day of March 2002. ~ , I ···r~-·~ ··-+::Z~.··t~C~·I·····L r> , ,. I erk {".. . - . . ,'j This Agreement made in quadruplicate as of the 27th day of February, 2002 BETWEEN ALLAN BROWN CLIFTON AND CARROLL MARGARET CLIFTON (hereinafter called the ·Owner") OF THE FIRST PART -and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Owner is the registered owner of the real property Part Lot 48, Concession A, 682 Bruce Road 23, Municipality of Kincardine (former Township of Kincardine), County of Bruce. AND WHEREAS the Owner has applied to the Municipality of Kincardine Building Department to build a Single Detached Dwelling on that part of the said real property. AND WHEREAS the Council gave a direction to the Chief Building Official to issue a permit to construct a second dwelling and one of the conditions imposed by the Municipality is that the Owner enter into this Agreement with respect to removing the existing dwelling; NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the granting of the Building Permit and the sum of ONE DOLLAR ($1.00) now paid by the Municipality to the Owner, the receipt of which is hereby acknowledged, and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. The Owner hereby covenants to remove the dwelling to the satisfaction of the Municipality's Chief Building Official on or before the 30th day of May, 2003. The parties agree that the removal shall include the demolition of the dwelling and its foundation, the removal of all debris resulting from such demolition and the restoration of the property. 2. The Owner shall deliver to the Municipality contemporaneously with this Agreement a cheque payable to the order of the Municipality in the sum of $2,500.00. The parties agree that the delivery of this cheque is for the purpose of guaranteeing to the Municipality that the Owner will comply with paragraph 1 of this Agreement. The Municipality agrees to deposit this sum in an account subject to the provisions of this Agreement. 3. In the event that the Owner has not complied fully with paragraph 1 of this Agreement by the 30th day of May, 2003 then, in addition to any other remedies it may have, the Municipality may, without further notice, complete the removal of the dwelling to the satisfaction of the Chief Building Official. The Owner hereby grants to the Municipality a right of entry onto the Property to complete such removal. The Municipality may apply the monies in the account to all expenses, costs, charges and claims that it incurs in connection with such removal. ..: j (r 4. The Owner shall be liable to the Municipality for any shortfall of monies that may exist between the monies in the account and the expenses incurred by the Municipality in removing the dwelling. The Municipality shall refund without interest to the Owners the excess monies, if any, in the account after payment by the Municipality of such expenses. . 5. The Owner acknowledges that this Agreement shall be registered on title and the Owner shall pay for all legal costs incurred with respect to such registration. 6. This Agreement shall be binding upon and shall ensure to the benefit of the respective heirs, executors, administrators. successors and assigns of the parties hereto. IN WITNESS WHEREOF the Owner and the Municipality have hereto affixed their corporate seals attested by the hands of their respective duly authorized officers. SIGNED, SEALED AND DELIVERED in the presence of . ~ . , . ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ..?I-..../~%'.> ,.;.j.-. ,··'.f. ..... ~. -- .., ) ~.~ ."....._- ............w... ) ~~~..... ) L ~ - ; ,-.J_~ ,..... ~ , ~ ;: : "" )~.- ~ ",,".,..,', )~ :þ~ L I -L -O:J$,;' ..... -. r.""-- _-__ c-tI "-^-'~.~ .. ~"" .' ) Rosaline Graham, Clerk v;,,--,/~:.~:::.:....., ) ) ) ~ nJLrv ~ ß /:-" ) Allan Brow~~rv " ) ) ) ) /J - ) L-'tL-UL// W. ('11~./~ ) Carroll Margaret Clifton! ) 's '-/~ '.,,/-. -::. , ":<~ '. , . .,;:...... -, . - '- -, ^'. ,~ ~ - .. /~ /-¿'1 lid Province ~of a.öIorIo Ontario Document General Form 4 - Land Registration Reform Act THE llPPERCANADA DœuMEN'J COMPANY 1..1fT744JC.DOCS lI'oIW.f.RXIoçs.nst D ~~ 0366990 (1) Registry 181 (3) Property Identifier(s) Land Titles D Block (2) Page 1 of £f- pages Property Additional: See Schedule D ~RTlfìCATE OF REGISTRATION I BRUCE (3) II'AlKERTON (4) Nature of Document AGREEMENT ~...,6.v '¿ç.e,¿,{-y ¿;'¡?..4-/ ons Ion >- ~ ·oz JUL 15 PM 3 19 OJ V> " OJ u 0: "" o "' o "" ONE-- 00/100 Dollars $ 1.00 (6) Description Part Lot 48, Concession" A" , Municipality of Kincardine, formerly Township of Kincardine, County of Bruce and being more particularly described on the Schedule attached hereto. I I NeW Property Identifiers Additional: See Schedule D Exe utions Additional: See Schedule D (7) This Document Contains (aJ Redescription New Easement Plan/Sketch D ¡ (b) Schedule for: I Description 181 Additional Parties D Oll1ef 181 (8) This IDocument provides as follows: . attached Agreement required as condition imposed by the Municipal Chief Building Official pursuant to Building Code Act, 1992 S.O. 1992, c. 23. Continued on Schedule D (9) This Document relates to instrument number(s) 310408 (10) Party(le.) (Set out Status Of Interest) Date of Sîgnature Y M D ~) ":I.f.!:I!¿Çº~ºMTIº~º,Ii'~ .....~ŒM.IT.º¥..~Ç~.J:N¥...... ........Qyjt§...§.Q!!."itº'..Georee ç,.Magwood Signature(s) .-......................................... .~.......~ .. ........................m...... ............................................- ....................... ................................... . ...... .............. ................................ ø;,;:f::.- ~~p.. ....................... 2002 (11) Address for Service 1475 Concession 5, R. R. #5, Kincardine, Outario, N2Z 2X6 (12) Party(i..) (Set out Status or Interest) Date of Signature Y M D ·..m.m::.]::~:...:......... Sig-"-~uie_(~l__ t ··········t...·......mf.......·· -, ............................. ....................................................... ....................... ..................................... ..............................f"... ........................ ....................... ..................................... .....---.... . ..................m....··. .......~.._..... .................................................. ................".......... .............................. ....................................... ............................. ...................- ............................. (13) Address for !Service , ,.uþicipal Address of property ~tuce Road 23 Muni~ipality of Kincardine (15) Document Prepared by: George C. Magwood WAECHTER, MAGWOOD, VAN DE VYVERE & THOMPSON 2lS Durham Street, Box 880 Walkertoo, Ontario NOG2VO Fees and Tax ~ Registration Fee z o IX ::> w ~ !2 Total --""'- , I '.';> >{ ~- ';:J'pr<..~.~.'.>'. ~ P,ovinc. of ~_ Onl8rlo Schedule -"""""" A~ Nõv. '1992' ,~'...., Page ;2. s Fonn 5 - I.8nd Regletrallon Relonn Act -r p-rty Identlllet(l) _or a_Information I .1 i LEGAL DESCRIPTION: f:~ Part of Lot 48, Concession "A", Township of Kincardine, County of Bruce, and being more particularly described as follows: i \ PREMISING that the Easterly Boundary of said Lot 48 has a bearing of North 29 Degrees 4 ~ Minutes East and relating all bearings herein thereto; COMMENCING at the point in the North Boundary of said Lot, 7745 Feet West of the North East Angle of said Lot, being the intersection of the south bank of a creek and the North Boundary of said Lot; THENCE Westerly along the North Boundary of said Lot, 970.89 Feet to an iron bar marking the North-East Angle of PART II, 3R-1828; . THENCE South 19 Degrees 18 Minutes 50 Seconds West 277.25 feet to an iron bar; ~ distance of 130.95 feet THENCE South 14 Degrees 50 Minutes 30 Seconds EasY, to an iron bar at the intersection of said boundary and a post and wire fence. East THENCliparallel with the Northerly Boundary of said Lot, 305.89 Feet to a point in the south bank of a creek crossing said Lot; THENCE North 61 Degrees 42 Minutes 40 Seconds East along said bank, 165 Feet; ~ . THENCE South 53 Degrees 27 Minutes 30 Seconds East along said bank, 75 Feet; THENCE North 65 Degrees 32 Minutes 30 Seconds East along said bank 77 Feet; THENCE South 84 Degrees 52 Minutes East along said bank, 88 Feet; THENCE South 75 Degrees 37 Minutes East, along said bank, 97 Feet; . THENCE North 86 Degrees 30 Minutes 30 Seconds East along said bank, 39 Feet; THENCE North 55 Degrees 55 Minutes 45 Seconds East along said bank, 135.65 Feet to the point of commencement. Being the remainder of the lands in Instrument No. 31966. .---------- ----0---- "".;" '. r~ ~~ . ......, . . . .. ~r -- - 5 This Agreement made in quadruplicate as ofthe 27111 day of February, 2002 BETWEEN I i J ALLAN BROWN CLIFTON AND CARROLL MARGARET CUFTON (hereinafter called the "Owner") OF THE FIRST PART -and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Owner is the registered owner of the real property Part Lot 48, Concession A, 682 Bruce Road 23, Municipality of Kincardine (former Township of Kincardine), County of Bruce. AND WHEREAS the Owner has applied to the Municipality of Kincardine Building Department to build a Single Detached Dwelling on that part of the said real property. 1 AND WHEREAS the Council gave a direction to the Chief Building Official to issue a permit to construct a second dwelling and one of the conditions imposed by the Municipality is that the Owner enter Into this Agreement with respect to removing the eXisting dwelling; NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the granting of the Building Permit and the sum of ONE DOLLAR ($1.00) now paid by the Municipality to the Owner, the receipt of which is hereby acknowledged, and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: I'" 1. The Owner hereby covenants to remove the dwelling to the satisfaction of the Municipality's Chief Building Official on or before the 30th day of May, 2003. The parties agree that the removal shall include the demolition of the dwelling and its foundation, the removal of all debris resulting from such demolition and the restoration of the property. 2. The Owner shall deliver to the Municipality contemporaneously with this Agreement a cheque payable to the order of the Municipality in the sum of $2,500.00. The parties agree that the delivery of this cheque is for the purpose of guaranteeing to the Municipality that the Owner will comply with paragraph 1 of this Agreement. The -l'.'Junici{?ality agrees to deposiL:tb.is--sulTl inan_8ccounLs!Jbiectto_theprovisiQOsof this_ Agreement 3. In the event that the Owner has not complied fully with paragraph 1 of this Agreement by the 30111 day of May, 2003 then, in addition to any other remedies it may have, the Municipality may, without further notice, complete the removal of the dwelling to the satisfaction of the Chief Building Official. The Owner hereby grants to the Municipality a right of entry onto the Property to complete such removal. The Municipality may apply the monies in the account to all expenses, costs, charges and claims that it incurs in connection with such removal. 4ii!';'of..._""C~"""","'CI . ,·-1 '. . '. . . 1/ · 4. The Owner shall be liable to the Municipality for any shortfall of monies that may exist between the monies In the account and the expenses Incurred by the Municipality in removing the dwelling. The Municipality shall refund without interest to the Owners the excess monies, if any, in the account after payment by the Municipality of such expenses. 5. The Owner acknowledges that this Agreement shall be registered on title and the Owner shall pay for aU legal costs incurred with respect to such registration. I 1 6. This Agreement shall be binding upon and shall ensure to the benefit of the respective heirs, executors, administrators. successors and assigns of the parties hereto. IN WITNESS WHEREOF the Owner and the Municipality have hereto affixed their corporate seals attested by the hands of their respective duly authorized officers. SIGNED, SEALED AND DELIVERED in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF INC DINE ) ) ) ) ) ) )--=-"~'I c-_.~ ... , L"".J.. '" ., ..... ) Rosaline Graham, Clerk ) ) ) ~ ~ rJAJllÁ ) Allan Brow-;c¡rfton ) ) ) ) /1 . ) ( A·d~/.ré ~. &.hh...- ) Carroll Margaret Clifton I. ) · 1 ._,~~ ~2)~~ . . o.¿-_< .--- / · E"SS r~ '- -' ~-&~, ,~- - ~~2~~~--- ~I~ '" ------ ---_.~ ---_._._--~ -"'-_.-.------.- ----- .~. ..-.;t: ~..