Loading...
HomeMy WebLinkAbout02 107 SP lower beach walden e e e e TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2002 -107 A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH MICHAEL CHARLES WALDEN AND STEPHANIE GAIL WALDEN WHEREAS the Council for The Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Michael Charles and Stephanie Gail Walden; AND WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into a Site Plan Agreement with Michael Charles Walden and Stephanie Gail Walden to ensure appropriate development of those lands described as Pt Lot 18, Concession A, RP 3R4138 Part 1, known municipally as 11 Lower Beach Road, Municipality of Kincardine (former Township of Kincardine) said lands being more particularly described in Schedule "An of the attached Site Plan Agreement. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Site Plan Agreement with Michael Charles and Stephanie Gail Walden 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 final passage. 4. This By-law may be cited as the "11 Lower Beach Road Site Plan Agreement, By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this 17th day of July, 2002. -~-=~í Clerk -........ .'~ -- ~-> !: ~. ~ Document General Form" Land R Istratlon Refotm Act Do Process Softw8re Ltd. . (416) 322-611 1 D (11 Registry IXI Land TRies 0 (2) Page 1 of 8 pages (3)r.r:,m't\:r.(SI Block Property Addílíonaf: See 0 Schedule I\TIF1CATE or REGISTRATION , (BRUCE (3) WALKERTON (41 Nature of Document Site Plan Agreement - S.41(10) Planning Act 'O~ RUG 2 AM 9 28 15) Consideration ~ DoIla", $ NIL 151 Description Part Lot 18, in Concession "A" or Lake Range, Township of Kincardine (now Municipality of Kincardine), County of Bruce being Part 1 on Reference Plan 3R-4138 . AddiUonal; t"hedule 0 17) This AddM"'al: Document See 0 Contains: SchdIIe (a) Redescription (b) Schedule for: New easement 0 Additional PlanlSketch D.scription 0 Parties 0 Olher [RJ IS Document provides as follows: Site Pjan Agreement attached hereto as pages 2 - 8. Continued on Schedule 00 (9) '"* Document "-os to instrument number(s) (101 PIrfY(Ies) (Set out staIus ...Interest) Nwne(s) l¡ç.QRf.O.ßAIIQN.O-FnlUE...n................n....n.nn....n...n...... M.º.!1!Ç.!r.ð.!,n:¥...Q!i:.KH~.Çð.ª.ºJ.N!j;.........n.n........................... þy.,;!t.'-II!i.çJ.t!!1...Gr...!llIrn.t;,..M!I!!!J.II!!....n.................................n....n n' .. n ..n"", . . nn·....·n........· .. .n..........r.............rn.T...... do 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 (12) P¡orty(ies) (set out status or Interest) Nllme(s) SignoIure(s) Date of Signature Y .. 0 · .. ....n.......u.......__...................n..un........__...............u..._.u................._....__.... · .. · " · .. · .. · .. · " · .. · .. · " ...........n................................................................................_..............__...._ . .. · " · .. · .. · " · .. · .. · .. · .. n.........._.................nn..nu......nn..................n.·....·.....:.................;.......r...--.. ¡ !: ¡ ! ¡ WA..DE.N,.Mit!!J!~l.Çb.ar.\f: I...n....n.........................n....n................. WA..D.EN~Stq¡banie..GaiL...n...n....................n.........n..............n" ......._.....................................................n......._.....·.........··....·.................... . ) uniclpal Address of Property 11 Jwer Beach Road R.Rjl Kin..~ardine, Ontario N2Z¡ lK7 , 11 Lower Beach Road, R.R. I, Kincardine, Ontario N2Z lK7 1161 Document Prepared by: --' Z Registration Fee F_ and Tax MAHOOD & DARCY 313 Lambton Street Kincardine, Ontario N2Z 2Y8 .11 '" OJ !' :¡: a Total .--_..-.---- ,f).or:""'N""'''' ." . .' . 2 SITE PLAN AGREEMENT This AGREEMENT made this / 7 ~ day of . BETWEEN: THE CORPORATION OF THE MUNICIPALI ,2~. hereinafter called the "Municipality" of the First Part, -and- MICHAEL CHARLES WALDEN STEPHANIE GAIL WALDEN hereinafter called the "Ownersn of the Second Part. WHEREAS the Owners represent that they are the registered owners of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "An attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, C.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owners and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owners for themselves and for all successors in title, HEREBY AGREE with the Municipality as follows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owners as herein stated are the registered owners of those lands described in Schedule" A" to this agreement and the lands affected by this agreement are as described in Schedule "An to this agreement, hereinafter called the "subject landsn. 2. The Owners hereby release the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owners agree to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the ·subject landsn. ...2 ____ __m __~ 3 Page 2 11 Lower Beach Road Site Plan Agreement .. 4. The Owners will at aU times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owners from complying with all applicable municipal requirements. 7. The Owners hereby grant to the Municipality, its servants, agents and contractors a license to enter the "subject landsn for the purpose of inspection of the works and the "subject landsn or for any other purpose pursuant to the rights of the Municipality under this agreement. . PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owners agree to undertake development on the "subject lands", at their sole expense, in conformity with the site plan as detailed in Schedule "8" attached hereto, which shall hereinafter be referred to as the "approved site plan". 9. All work along the west edge and to the west of the subject property, particularly where there are existing sand dunes, shall comply with the Site Plan. Further, should construction equipment cause any disturbance to the ground surface or vegetation not on the subject lands then the Owners shall restore the area to a condition equal to, or better than, the pre-existing state. Such restoration must be compatible with accepted dune management techniques. 10. The Owners agree to provide, install or otherwise abide by, at their sole expense, the site development requirements as detailed in Schedule "C" attached hereto. . 11. a) Upon completion of the development of the "subject landsn in conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owners under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. . 12. The Owners hereby acknowledge that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". ...3 4 Page 3 11 Lower Beach Road Site Plan Agreement · 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owners from time to time at their sole risk and expense and the Owners agree the ·subject landsn will not impede or prohibit performance of the maintenance provided for in this agreement. 15. The Owners agree to maintain in good repair and at their sole expense the ·subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule 'Cn (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. The Owners agree that all vaults, containers, collection bins and other (;;'ëfY facilities . uired for the storage of garbage and oth&r ~ waste material shall be kept WI letely enclosed building or "i~ completely enclosed container in the location a on Schedule "B". ... The Owners agree that, at their sole expense, all parking areas pro . ed ?f1 o . ubject lands" shall be reasonably in all circumstances, maintained clear of s not to prohibit or block or in any way restrict access along any driveway, wa r vehicular and pedestrian traffic or reduce the number of useable parking s below the minimum number of spaces required by the Municipality's ZOO! -law. The Owners agree not to store snow on-site such that it blocks visibilit . cent to a street or drainage facilities on-site or where adequate drainage fa .,. are not 3ëA-. provided or where melt water would adversely affect an abutting pr r::: ffJ' ers agree to maintain at their sole expense and in good re I ~ the standar s ble to the Municipality all landscaped open space, private driveways and co tary facilities, and private approach sidewalks which are located on untrave ions of Muni~~ed road allowances abutting the subject lands. .(J'-C./'( '; ¿.L The Owners agree that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owners and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. 14. · 17. 18. . ers agree to dedicate to the Municipality, free and clear of aU 'Z-cI' encumbran , easements and lands required by the Municipality for -ç,.......-1' the construction, main and improvement of any existing or newly / r U v required watercourses, ditctì, nd drainage works and required ~ watercourses, ditches, land drainage and sanitary sewage facilities on the land and, on request by the Municip' to deliver the properly executed documents in a form that can be registered, Municipality in order to complete the dedication to the Municipality and to p costs . ^ maned by !he ....icipatity m ....... to !he .........."""" .od;""'Æ1':;'è! , PART C - DEFINITIONS ~:r 19. 20. In this Agreement and the Schedules attached hereto: · i) 'Building Arean shall mean the only area upon which the erection and use of buildings and structures shall be permitted. .. .4 . . . . 5 Page 4 11 Lower Beach Road Site Plan Agreement "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps. iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. ii) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area. Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested. by the ha~i s Mayor and Chief Administrative Officer this 17~ day of 200 . The parties have ~reunto set their hands and seals this y of , 200.Q{... iv) SIGNED, SEALED AND DELIVERED in the presence of ......./...L~~~-<ç.. , /<~:.'. ":"':"'~:-:"'';'~ .. ....;- ....".~"- ,,<'«"..... --, :.~...,..~ - ...., - -~ ..-...-.~ ... ..-......:"-::;.:;: ~...",-....._........,:.:.... . .- . . '1,_ I ~~../...:....- - ~'....,.- ;~/ :;./ ~;¡,;,/.....~'..,.... 6 . SCHEDVLE "A" to 11 Lower Beach Road Site Plan Agreement Part Lot 18 in Concession A or Lake Range in the Municipality of Kincardine (former Township of Kincardine) in the County of Bruce, being Part 1 on RP 3R4138. . . .' . . . , - . . 7 SCHEDULE"B" to 11 Lower Beach Road Site Plan Agreement The "approved site plann shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer or deputy, signed by the Owner and with any changes marked in red and initialed by the Chief Administrative Officer or deputy and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. ... ,..... . . . .! 2. 3. 4. 8 SCHEDUJ..~ to 11 Lower Beach Road Site Plan Agreement SITE DEVELOPMENT REQUIREMENTS 1. The Owners agree that the completion date for all work required pursuant to this agreement shall be December 31,2002. The Owners agree to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. The Owners agree that any floodlighting of the land shaH be installed in such a manner so as to deflect the light emay from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties. 5. The Owners agree to ensure during development of the "subject landsn that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owners agree to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. The Owners agree to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owners agree to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. The Own agree that any internal driveways which are necessary for, ~ and designate , 0 desi~ ~o carry the µ weight of the Municipality's fire fighting equipment. {/"'<-.-£ 3è- L- The Owners agree to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 6. 7. 8. The Owners agree to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. The Owners agree . ays and parking areas as indicated on r:: 1JÝ the napproved site plan" shall be s with asphalt, cemen:ß~~8 _ hard surfacing acceptable to the Municipality's . . ~ ~ The Municipality's Chief Administrative OffICer may agree in writ' g to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. 9. 10.