HomeMy WebLinkAboutKIN 98 026 Sp -Thomson & Humble
.
·
·
·
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NUMBER 1998 - 26
OF THE CORPORATION OF
THE TOWN OF KINCARDINE
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH LEANNE THOMSON & PETER HUMBLE
WHEREAS the Council for The Corporation of the Town of Kincardine deems it
advisable to enter into a site plan agreement with Leanne Thomson & Peter Humble;
NOW THEREFORE the Council for The Corporation of the Town of Kincardine
ENACTS as follows:
1.
That The Corporation of the Town of Kincardine enter into a site plan agreement
with Leanne Thomson and Peter Humble t9 ensure appropriate development of
those lands described as Part Lot 2, Plan R, 217 Harbour Street, in the Town of
Kincardine, County of Bruce and more particularly described in Schedule "A" of
the attached site plan agreement.
2.
That the mayor and clerk be authorized to sign on behalf of The Corporation of
the Town of Kincardine, the agreement with Leanne Thomson & Peter Humble
which is attached to this by-law and to affix the Town's Corporate seal as and
when required.
3. This by-law shall come into full force and effect on it final passing.
4. This by-law may be cited as the "Harbour Street Grille Site Plan Agreement By-
law".
READ a FIRST and SECOND time this 4th day of June, 1998.
READ a THIRD time and FINALLY PASSED this 4th day of June, 1998.
}/J~t?~
Mayor./"
,
.
~ Province
of
~.. Ontario
Document General
Form 4 - unci Reglstl'lltlon Reform Act, 1984
o
o 3 3 5 1 7 1
(1) Reglltry I!]
(3) Property
Identifier( .)
Land Tille. D (2) Page 1 of 7
Block Property
pages
Additional:
See 0
Schedule
(4) Nature of Document
CERTIFICATE C:- F.EGISTRATION
BRUCE (3) WALKERTON
J NO'fIGE OF .\ SITE PLAN AGREEMENT
(5) Conaideretlon
~
z
o
w
en
::J
w
o
¡¡:,
11..'
o
a::
o
II..
'98 JUN 19 AfT) 9 51
Ja-tJ
ACTING LAND REGISTRAR
N/A
(6) DeacrlpUon
Dollars $
17
Part Lot 2, Plan~, 217 Harbour Street,
in the Town of Kincardine, County of Bruce.
-SE6 S:C~b'-ð
New Property Identifiers
Additional:
See 0
Schedule
Execution.
Additional:
See
Schedule
D
(7) Thll
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
I' (b) Schedule for:
Additional
D I Description 0 Parties D Other []
,
(8) This Document provide. a. follow.:
The Corporation of the Town of Kincardine hereby applies for the entry of a Netis8 gf ~
Site Plan Agreement in respect to the lands in box (6). An executed copy of the Site
Plan Agreement is attached.
Continued on Schedule D
(9) This Document rela". to In.trument number(.)
(10) Parly(les) (Set out Status or Interest)
Name(s)
THE CORPORATION OF THE
,
Slgnature(s)
·~·/Jkt~·········
Date of Signature
Y M D
. ,
1998 ¡ 06 ¡ 10
· . . . . , . ..' . .
j
· ;~~J ~~. 10
· . . . . I . . .
I
¡
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOWN OF KINCARDINE
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.~..~...................
..... .... ~hÇ\~........
Rosaline Graham, Clerk
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
wI!
(11) Addres.
for Service
qJ
(12) Parly(''') (Set out Status or Interest)
Name(s)
707
Z' I ò9
Signature(s)
Date of Signature
Y M D
· .7lIð.M$ø.~ :). . . . . . 4F.,()lYfÝ6.. . . . . . . . . . . . . .
· .J)ki:0.ßUy........ .p.~~~~..............
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .
· . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . ..
· . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
· . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .
· . . . . r ., . . . .
I
(13) Addres. ») .-
for Service ;<.:2......J ¿/JI'Z ():ŽJ,
Municipal Add,... of Property
217 Harbour Street
Kincardine, Ontario
N2Z 2X9
~
(15) Document Prepared by:
Rosaline Graham
707 Queen Street
Kincardine, Ontario
N2Z 1Z9
~
Z Registration Fee
o
w
en
::J
w
o
¡¡:
II..
o
a::
o
II..
Fees and Tax
Totel
"J',."..,.n....... .."" ~a~...,.,
~ """'"'
7-
,
.
..',.. :¡,
",
SITE PLAN AGREEMENT
,
This AGREEMENT made this day 4th day of June, 1999,
-
BETWEEN:
THE CORPORATION OF TOWN OF KINCARDINE
hereinafter called the "To..n" of the First Part,
-and-
Ñ
LEANNE THOMkoN AND PETER HUMBLE
herìnqfter called the "Owner,""
of the Second Part.
WHEREAS the Owner represents that he is the registered owner of those lands in the Town of
Kincardine, County of Bruce. described in Schedule "A" attached hereto and fonning 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 Town has enacted a Site Plan Control Area By-law pursuant to the
provisions of Section 41 of the Planning Act. RS,O,. 1990. c.P. 13, as amended.
AND WHEREAS the covenants, agreements. conditions and understandings herein contained on
the part of the Owner 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 Town,
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
approval of the plans for the development on subject parcel ofland by the Town and the sum of
ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himselfand for all
successors in title, HEREBY AGREES with the Town as follows:
~""....'~
- iè' ':;),'(~ j"
-~;~', ~,<.
PART A - GENERAL PROVISIONS
1, The parties to this agreement hereby agree that the Owner as herein stated is the
registered owner of those lands described in Schedule· A" to this agreement and the
lands affected by this agreement are as described in Schedule" A" to this agreement.
hereinafter called the "subject lands",
2,
The Owner hereby releases the Town, its servants, agents and contractors fium any and
all liability in respect of the proper maintenance and operation of the matters and
facilities required by this agreement.
-
3, The Owner agrees to allow the Town at its sole expense and in its sole discretion to
register or deposit this agreement with the Registry Office for the County of Bruce
against the "subject lands",
4. The Owner will at all times indemnify and save harmless the Town on a solicitor and
client basis fium all loSS, costs and damages which the Town may suffer. be at or be put
to, for or by reason of the execution of this agreement. The Party ofthe Third Part joins
herein to consent hereto and to bind its interest in the lands hereto,
5. The clauses ofthis 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 Owner ITom complying with all applicable
municipal requirements,
7.
The Owner hereby grants to the Town, its servants. agents and contractors a license to
enter the "subject lands" for the purpose of inspection of the works and the ·subject
lands" or for any other purpose pursuant to the rights of the Town under this agreement.
-
....../2
?
..
::
Page 2
Site Plan Agreement
PART 8 - SITE DEVEWPMENT AND MAINTENANCE PROVISIONS
-
8,
The Owner agrees to undertake development on the "subject lands". at his sole expense,
in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall
hereinafter be referred to as the ·approved site plan",
9, The Owner agrees to provide. install or otherwise abide by, at his sole expense. the site
development requirements as detailed in Schedule "CO attached hereto,
10, (a) Upon completion of the development of the "subject lands" in conformity with the
provisions ofthis agreement. the Town shall issue a certificate of compliance.
(b) "Certificate of Compliance" shall mean a statement of the Town 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 requiremeftlJ, r~'or
by-Jaws, and the Town shalJ not be stopped fTom pursuing any or all of its rights to
enforce the continuing obligations of the owner under this agreement or to enforce any
other of the Town's requirements. regulations or by-laws which relate to the subject
lands,
II.
The Owner hereby acknowledges that Jàjlure 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
Town has the right to refuse issuance of any permit necessary to carry out any additional
work on the "subject lands",
-
12, All maintenance and repair offacilities and matters.
13. The Owner agrees to maíntaín in good repair and at his sole expense the "subject lands"
in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "CO
(site developmem 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,
14. it~6wner a8ræsì~~1 vaults. container. collection bins a~d other facilities which may
be required for the storage of garbage and other waste material shall be kept within a
completely enclosed building or a completely enclosed container in the location as shown
on Schedule "B".
15,
The owner agrees that, at his sole expense. all parking areas provided on the ·subject
lands" shall be reasonably in all circumstances. maintained clear of snow so as not to
prohibit or blnck or in any way restrict access along any driveway, walkway for vehicuJar
and pedestrian traffic or reduce the number of useable parking spaces below the
minimum number of spaces required by the Town's zoning by-law, The Owner agrees
not to store snow on-site such that it blocks visibility adjacent to a street or drainage
facilities on-site or where adequate drainage facilities are not provided or where melt
water would adversely affect an abutting property.
e
16, The Owner agrees to maintain at his sole expense and in good repair to the standards
acceptable to the Town alliandscaped open space. private driveways and complementary
facilities, and private approach sidewalks which are located on untravelled portions of
Town owned road allowances abutting the subject lands.
17. The Owner agrees that all facilities and matters required by this Agreement shall be
provided and maíntained at its sole risk and expense and to the satisfaction of the Town
and that in default thereof and in the sole discretion of the Town, the Town may perform
such requirements at the expense of the Owner and such expense may be recovered by
the Town in like manner as municipal taxes within the meaning of Section 326 of the
Municipal Act. R.S,O" 1990. c,MAS, as amended,
18. The Owner agrees to do the following:
(a)
subject to The Public Transportation and Highway Improvement Act. R.S.O,
1990, facilities. to provide access to and fTom the lands such as
access ramps and curbings and traffic direction signs;
e
." ",/3
--
--
~
e
~
.'
<J.
Page 3
Site Plan Agreement
(b)
to dedicate to the Town, free and clear of all encumbrances, all Easements and
lands required by the Town for the construction, maintenance and improvements
of any existing or newly required watercourses, ditches, land drainage works
and required watercourses, ditches. land drainage works and sanitary sewage
facilities on the land and, on request by the Town, to deliver the properly
executed documents in a form tbat can be registered. to the Town in order to
complete the dedication to the Town and pay all costs incurred by the Town in
respect to the aforementioned dedications;
(c) to. where required by Town resolution, dedicate to the Town widening of
highways tbat abut on the land described in Schedule "A" attached hereto. free
and clear of all encumbrances,
PART C - DEFINITIONS
19, [n this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean tbe only area upon which the erection and use of
buildings and structures shall be permitted,
ii) "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 . verncles including
maneuvering aisles and other space necessarily incidental to the parking of
verncles.
iv) "Natural Open Space" sball mean the areas of open space which are to remain in
a.~~_ .,,¡µinimwm-¡u¡¡ount ofmailÚe¡¡¡¡nce, but· shaIJ,1II» include .
areas of óutside siÓTage, 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 by the Town and shall be kept clear of all weeds and natural growth
which is prohibited by other Town by-laws, Areas of Natural Open Space may
include areas of Landscaped Open Space.
IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the
hands of its mayor and clerk
This
4·~
1998,
The parties hereto bave set their hands and seal this
~f"\P
~~'"
day of
day of
--JUV'\(2
,1998,
SIGNED, SEALED AND DELIVERED
in the presence of
)
)
)
)
)
)
)
)
)
)
---......)
)
)
)
)
)
)
NAME OF OTHER PAR1Y
7t-- 71-
~~Tho¥o~~
Peter H~
THE CORPORATION OF THE
OF KINCARDINE
, ,
.. '. ~
.,
.1.. ,.. 'If. :::/
Mayor - Glenn R. utton : :
~~h.aW\ "\,.. .~
Clerk-RosalineM. Graham"', ;". ~.' ,'"
I' ~......' ~._
-
~
Witness
-.
.
;'
/'
/
. /
"',//
II
SCHF.nTTT.'R A
,>
Page S
D:g:SCRIPTION
....·Lot 2, Registered Plan 77, Town of Kincardine, County of Bruce,
SAVE AND EXCEPT that part of said Lot 2 more particularly described
as follows:
COMMENCING at the Southeast angle of said Lot 2;
THENCE Westerly along the Southerly boundary of said Lot a distance
of 53.5 feet; ,
THENCE Northerly and parallel to the Easterly boundary of said Lot
145.2 feet to the Northerly boundary of said Lot;
""'...........'.
THENCE Easterly along said Northerly boundary 53.5 feet to the
Easterly boundary of said Lot;
THENCE South along this last mentioned boundary 145.2 feet more or
less to the point of commencement,
as previously described in Instrument No. 279097.
e
"1.:"'4"
-~,;....,.-::~~,,;-
e
-
.~
.
i
].
.,
-
tt
~
e
.
. '
,
(,
SCHEDULE"B"
The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site
plan", signed by the Town's administrator or deputy. signed by the owner and with any changes
marked in red and initialed by the administrator or deputy and the Owner. This "approved site
plan" shall be tiled with the Town's administrator,
/",~._...
----- ------------
-------.. ------'--. ----
-- --------~~ -
-~_.-
.-
'\. ~ , ~
'7
.
-, ~
,
;....-~.~"'-- j.
.
SCHEDULE 'Coo
SITE DEVEWPMENT REOUIREMENTS
e
The Owner agrees that the completion date for all work required pursuant to this
agreement shall be ø â o6e-. ) I I f r ~
2. The Owner agrees to prepare a grading and drainage plan acceptable to the Town and all
surface and roof drainage shall be controlled in accordance with the approved plans in a
manner satisfactory to the Town,
L
3. The Owner agrees that any floodlighting of the land shall be installed in such a manner so
as to deflect the light away /Tom adjacent streets and properties or so controlled in
intensity so as to prevent glare on adjacent streets and properties,
4, The Owner agrees to ensure during development of the "subject Iand&" _ tJ¡.~t ~t~
devices are installed and measures taken to prevent unreasonable erosion of soil /Tom the
site by wind or water, and the Owner agrees to abide by any request of the Town's Chief
Building official or Engineer in tbis regard. acting reasonably,
5,
The Owner agrees to install temporary fencing or otherwise adequately protect all trees.
shrubs and other vegetation which are to be retained. and sucb fencing shall be located
not closer to any trees than the drip line of such trees, and the owner agrees to abide by
by the requirements ofthe Town's Public Works Manager in this regard. acting
reasonably,
-
6,
The Owner agrees that any internal driveways which are necessary for and designated
as a fire route shall be so designed so as to carry the weigbt of the Town's fire
fighting equipment.
7, The Owner agrees 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'.
8. The Owner agrees that the site and building shall be designed so as to provide
IInnhdmc-tM accœ.s fur wheelehairs to at 1r¡;;I1:)L ViiI; maió----m:rncffilg- entrancê- ITom the -
public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient
and surfacing.
9, The Owner agrees to appropriately and properly finish all lands lying between the
"subject lands' and any and all abutting streets. which, without limiting the generality of
the foregoing shall include the following:
i) landscaping oflands lying between the street line and property line not to be
used for vebicular or pedestrian entrances witb topsoil and sodIseed.
~
ii)
installation of driveways of proper width and grade ftom the street line to the
property width and grade /Tom the street line to the property line with asphalt.
concrete or other hard surfacing acceptable to the Town's Engineer.
iii) removal of existing driveways which are not to be used with replacement by
appropriate landscaping as detailed above.
10.
The Owner agrees to obtain a building permit within six (6) months ftom the date of this
agreement. Failure to obtain a building permit within the prescribed time period shall
mean tbis agreement is null and void,
-~".
II, The Owner agrees that all driveways and parking areas as indicated on the 'approved site
plan' shall be surfaced with asphalt. cement. or other hard surfacing acceptable to the
Town's Engineer,
12. The Town's administrator may agree in writing to minor variations to provisions of tbis
agreement, and sucb minor variations shall not constitute an amendment to this
agreement.
-
,.'J