HomeMy WebLinkAbout02 128 agree ltd serv dietrich
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2002 -128
A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT
WITH EDGAR J. DIETRICH
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Redmond Drive prior to issuing a
building permit to Edgar J. Dietrich of Part Lot 40, Concession A, municipally
known as 10 Redmond Drive 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 Edgar J. Dietrich, 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 tinal passage.
3. That this By-law may be cited as the "Dietrich Limited Service Agreement
By-law" .
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 21st day of August 2002.
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Clerk
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LIMITED SERVICE AGREEMENT
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This AGREEMENT made this.;1 day of .[JIIJ uS f" ,2002.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
EDGAR J. DIETRICH
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner of 10
Redmond Drive, Part of Lot 40, Concession A in the Municipality of Kincardine
(former Township of Kincardine) and hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys two private access routes to the subject lands
for all purposes included amongst which are ingress and egress, such private
accesses being Redmond Drive and Saugeen Valley Trail, Municipality of
Kincardine (former Township of Kincardine).
AND WHEREAS the aforesaid private accesses are not road allovvances 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 approve a minor variance for the
subject lands as aforesaid provided that the owner tirst enters into an agreement
acknowledging that there are only limited municipal services provided to the
lands using the above mentioned limited services roads, and agreeing not to
demand municipal services from the Municipality because of the access routes
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
private roads without maintenance under the jurisdiction of the
Mœicipality.
b) The owner acknowledges that the said private roads are 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 roads or by way of the
establishment of another road.
d) The owner acknowledges that he is totally responsible for obtaining
maintenance on the private roads, which provide access to the lands.
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoever.
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Dietrich Limited Service Agreement
Page 2 of 3
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 tire 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 tire 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 difficuit and costly.
b) The owner further acknowtedges and agrees that no minor variance 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 agreêment 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 acknowledges that for the purpose of the zoning by-law of the
Municipality that the frontagfto1t1:1e lands shall be coOl$IdenId the east
boundary which has frontage on a private right of way being Saugeen Valley
Trail.
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 acknowtedgment in writing
that they are aware of and bound by the terms of this agreement.
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Dietrich Limited Service Agreement
Page 3 of 3
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its mayor and clerk this .2/1 f day of-A~ ...1-
¿;, 2002 and Edgar J. Dietrich has hereunto set his hand this :z.Þd day
of ":'lv."", 2002.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICI LlTY 0 C DINE
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Date
Der.
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RA""~ J DUDA
Notary Public. Wayne County, MI
~ Commission EJcpIresSep 22, 2004
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