HomeMy WebLinkAboutKIN 97 058 Sp - John Fox
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THE CORPORA TION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1997-58
A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH JOHN E. FOX
WHEREAS the Council
Kincardine deems it
agreement with John E.
for The
advisable
Fox;
Corporation of
to enter into
the Town of
a site plan
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 John E. Fox to ensure
appropriate development of those lands located at 2 Cedar
Lane, in the Town of Kincardine and known as Part of Park
Lot 35, Plan 4, Nls King Street, Town of Kincardine,
County of Bruce.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
Agreement with John E. Fox, which is attached to this
bylaw and to affix the Town's corporate seal as and when
required.
3 .
No building permit shall be issued
until all the requirements of
Conservation Authority are met.
to the property owner
the Saugeen Valley
4.
This
its
upon
by-law shall come into full force and effect
final passage.
5. This by-law may be cited as the "Fox Site Plan Agreement
By-law" .
READ a FIRST and SECOND time this 2nd day of October, 1997.
READ a THIRD time and FINALLY PASSED this 9th day of October,
1997.
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Mayor
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Graham E. Mahood, B.Math., M.Math., LL.B
Irma D. Darcy, LL.B.
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Barristers & Solicitors
Notaries Public
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July 21, 1998
Town of Kincardine
707 Queen Street
Kincardine, Ontario
N2Z lZ9
Attention: Ms. Rosalind Graham
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Dear Sirs:
Re: Town of Kincardine--Miscellaneous
Please find enclosed duplicate original Site Plan Agreement which the
Town entered into with John E. Fox. Pursuant to our instructions, this
Agreement was registered in the Land Registry Office, Bruce (No.3) at
Walkerton on May 8,1998, as Instrument No. 334281.
If you have any questions relating to this matter, please do not hesitate
to contact this office.
Yours truly,
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SITE PLAN AGREEMENT
This AGREEMENT made this 9th
day of October, 1997.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
JOHN E. FOX
herinafter called the "Owner"
of the Second Part.
WHEREAS the Owner represents that
owner of those lands in the Town of
Bruce, described in Schedule "A"
forming part of this agreement;
he is the registered
Kincardine, County of
attached hereto and
AND WHEREAS the parties hereto
affected by this agreement are as
attached hereto;
agree that the lands
set out in Schedule "A"
AND WHEREAS the Town
By-law pursuant to
Planning Act, R.S.O.,
has enacted a Site plan Control
the provisions of Section 41 of
1990, c.P.13, as amended.
Area
the
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 of land by the Town and the
sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in
title, HEREBY AGREES with the Town as follows:
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 from 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 in the Registry Office for the County of
Bruce against the "subject lands".
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Site Plan Agreement
4.
The Owner will at all times indemnify and save
harmless the Town on a solicitor and client basis from
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 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 any
one or more of the clauses does not invalidate all or
any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from
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.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8.
agrees to undertake development on the
lands", at his sole expense, in conformity
site plan as detailed in Schedule "B"
hereto, which shall hereinafter be referred
"approved site plan".
The Owner
"subject
with the
attached
to as the
9 .
a) Upon completion of
lands" in conformity
agreement, the Town
compliance.
the development of the "subject
with the provisions of this
shall issue a certificate of
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 requirements,
regulations, or by-laws, and the Town shall not be
stopped from 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.
10.
The Owner hereby acknowledges 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 Town has the
right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands".
All maintenance and repair of facilities and matters
required by this agreement shall be done by the Owner
from time to time at his sole risk and expense and the
Owner agrees the "subject lands" will not be issued in
any matter which will impede or prohibit performance
of the maintenance provided for in this agreement.
11.
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4
Site Plan Agreement
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 9th day of October 1997. The parties
have hereunto set their hands and seals this 10th day
of October, 1997.
SIGNED, SEALED AND DELIVERED
in the presence of
--~--~~--------
Witness
)
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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) Clerk - Maureen A. Couture
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SCHEDULE -A"
(description of land)
Part of Park Lot 35, plan 4, N/S King Street, Town of
Kincardine, County of Bruce.
COMMENCING at a point in the Westerly limit of said lot at a
point distant 142 feet measured Southerly thereon from the
Northwest angle of said lot;
THENCE Southerly along said Westerly limit a distance of 158
feet;
THENCE Easterly and parallel with the Northerly limit of said
lot a distance of 180 feet;
THENCE Northerly and parallel with the Westerly limit of said
lot a distance of 158 feet;
THENCE WesterlY ánd parallel' with the said Northerly limit
180 feet more or less to the place of beginning.
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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 clerk-administrator or deputy, signed by the Owner
and with any changes marked in red and initialed by the
clerk-administrator or deputy and the Owner. This
"approved site plan" shall be filed with the Town's
clerk-administrator.
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CLERI( ADMINISTRATOR
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Amended NOV. 1112
Document General
Fonn 4 - Land Reglalrallon Relorm Act
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· 98 I'lßV 8 A1'II0 51
Site Plan Agreement
(5)
One---n------------------ DoIIers$1 .00
DøaIpIIon
Part Park Lot 35, Plan 4,
North side of King Street,
Town of Kincardine, County of Bruce
As previously described in
Instrument Number 277384
~ Iional: OSee Schedule "A" attached at page 5.
Schedula
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(7) ThIo
Documenl
Conlalna:
(a) Redescriplion
New Euemenl
PlanlSkelch
(b) Schedule for:
Additional:
S..
Schedule
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Additional
Deacriplion IiU Parties 0 Other ¡¡]
his Documenl providaa as 1001ows:
ee Schedule attached.
Continued on Schedula []
(9) This Documanl ........ to lnabumanl number(s)
(10) Party(les) (SeI out Status or Interest)
ama(s)
Signature(s)
Date of Signature
Y M D
HE CORPORATION OF THE
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TOWN OF KINCARDINE
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(11)~~u313 Lambton Street, Box 388, Kincardine, Ontario N2Z 2Y8
(12) Par1y(les) (Set out Slatus or Intereat)
Name(s)
Signature(s)
Date of Signature
Y M D
FOX, John E.
,
,
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1050 Saugeen
(14) Municipal Address 01 Properly
1050 Saur,een Street
Kincardine, Ontario
N2Z 182
Street, Kincardine, Ontario N2Z 1B2
(IS) Document Pre..- by:
MAHOOD & DARCY
Barristers & Solicitors
313 Lambton Street
P.O. box 388
Kincardine, Ontario
N2Z 2Y8
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