HomeMy WebLinkAboutKIN 95 053 Sp - Chau
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-53
A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH KWOK SUEN CHAU AND QILIN CHAU
WHEREAS the Council for The Corporation of
Kincardine deems it advisable to enter into
agreement with Kwok Suen chau and Qilin Chau¡
the Town
a site
of
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 Kwok Suen Chau and Qilin Chau
to ensure appropriate development of those lands
described as Part of Lot 48, Part of Lot 47 and Part of
Lot 46, Plan 4, north side of Broadway and more
particularly described on Schedule "A" attached hereto.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Kwok Suen Chau and Qilin Chau which is
attached to this by-law as Schedule "B" and to affix the
Town's 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 "Chau Site plan Agreement
By-law" .
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 7th
day of September, 1995.
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Clerk
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Chau site Plan Agreement
Page 2
SCHEDULE "A"
All and singular that certain parcel or tract of land lying
being and situate in the Town of Kincardine, County of Bruce,
and more particularly described as follows:
Part of Lot 48, Part of Lot 47 and Part of Lot 46, Plan 4, on
the north side of Broadway, known municipally as 507 Broadway.
DYE & DUAHAM CO. INC.-Form No. 986
Amended NOY. 1992
IiIrI ~ovince
~ Ontario
Document General
Form 4 - Land Registration Reform Act
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Num_
CERTIF~TEOFRE~STRATION
313995
(1) Aeglolty ŒJ land Title. 0 (2) Page 1 01 9
(3) property Block Property
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pages
Additional:
See 0
Schedule
(4) Nature 01 Documenl
'95 SEP 18 A11 :21
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Land Aeglaltat
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Part of Lot 48, Part of Lot 47 and Part of Lot 46,
Plan 4, .~ u ~1 r'U.3 ..-..... .. ,,' Town of
Kincardine in the County of BruceJ S(J"''''¿'¡ ,d:'/)¿
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New Property Identifiers
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See
Schedute
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(7) This
Document
Conlalna:
(a) Redescription
New Easemenl
PlaniSkelch
I' (b) Schedule lor:
Additional
o i Descriplion c¡¡:r Parties 0 Olher B1
(8) This Documanl provides a. follows:
~THE TOWN OF KINCARDINE HEREBY APPLIES FOR THE ENTRY OF A NOTICE OF SITE PLAN
AGREEMENT IN RESPECT OF LANDS IN BOX 6.
AN EXECUTED COpy OF THE SITE PLAN AGREEMENT IS ATTACHED.
Contlnuad on Schadula 0
(9) This Documanl relalas 10 lnallumenl numbar{.)
(10) P8lly(1e.) (Set out Stalus or Interast)
Name(s) ~ignature(. Date of Signature
." - Y M 0
THE CORPORATION OF THE TOWN OF KINCARDINE ~ ~ :"., .....--..J~H95 b9 113
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Charles W. Mann, MaY9~: -- ¡ -:".. ~ I
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Maureen A. Couture, Cl.e-r~,"··~_w__...·l"'·- .,'! !
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(11) Add....
for Set¥lce '¿~(J¿;r./-;: o,..¡-
(12) Party(les) (Sat out Stalus or Inlarasl)
Name(s)
Slgnature(s)
Date of Signature
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(13) Add....
forSelVlce 707 Queen Street,
<,-lpaI Address of Property
507 Broadway Street,
Kincardine, Ontario
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Kincardine, Ontario N2Z lZ9
(15) Documenl Preporect by:
Maureen A. Couture
707 Queen Street,
KINCARDINE, Ontario
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SITE PLAN AG REEMENT
This AGREEMENT made this 5th
day of September, 1995
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
CHAU, KWOK SUEN AND CHAU, QILIN
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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.
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".
3.
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site Plan Agreement
4.
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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. Tae Party sf tHe Tairà Part jsiso
.àereiR te seBBeRt aerete aBà tø aiRd ita iBtcrest iB
·tae laRås aerete.
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
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.
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".
12. 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.
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The OWner
"subject
with the
attached
to as the
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
abide by,
requirements
hereto.
agrees to provide, install or otherwise
at his sole expense, the site development
as detailed in Schedule "e" attached
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
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site Plan Agreement
13. The Owner agrees to maintain in good repair and at his
sole expense the "subject lands" in conformity with
the provisions of schedule "B" (approved site plan)
and Schedule "C" (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.
14. The Owner agrees that all vaults, container,
collection bins and 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 block or in any way
restrict access along any driveway, walkway for
vehicular 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.
16. The Owner agrees to maintain at his sole expense and
in good repair to the standards acceptable to the Town
all landscaped open space, private driveways and
complementary facilities, and private approach
sidewalks which are located on untraveled 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
maintained 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.M.45, 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 from the lands such as access ramps and
curbings and traffic direction signs;
to dedicate to the Town, free and clear of all
encumbrances, all Easements and lands required by the
Town for the construction, maintenance and improvement
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 that can be registered, to the
Town in order to complete the dedication to the Town
and to pay all costs incurred by the Town in respect
to the aforementioned dedications;
b)
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Page 4
site Plan Agreement
c)
to, where required by Town resolution, dedicate to the
Town widening of highways that abut on the land
described in Schedule "A" attached hereto, free and
clear of all encumbrances.
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean the 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 vehicles including maneuvering
aisles and other space necessarily incidental to the
parking of vehicles.
iv) "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 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
corporate seal attested by the hands of
this '7+/' day of ~/"'ñ! ber
have hereunto set their han s and seals
of Sepl(,fnhPr- ,1995.
hereto affixed its
its mayor and clerk
1995. -1fÀe parties
this:!:J":¡ day
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN
~CARDINE
Mayor - ~~
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erk ureen A. co~~~,
_~:::L__KÇ%~
CHAU, KW~ Suen
___~t:~~___e~\______
CHAU, Qilin
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~ ProvInce
of
........ Ontario
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Schedule A
DYE.OtJAHAM co. INc.-form No. 990
Amtnded NOV. -1"2
Form 5 - Land R8 I8tratlon Reform Act
Page
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DESCRIPTION
ALL ARD SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the town of Kincardine,
in the County of Bruce, and being composed of Lots Numbers
46, 47 and 48, on the South side of Mechanics Avenue in the
said Town of Kincardine, Registered Plan 4, save and except
those portions thereof acquired by the Province of Ontario
under Plan of Expropriation Number 425 containing 0.134
acres more or less more particularly described as follows:
COMMENCING at the northeasterly angle of said Lot 481
THENCE South 62 degrees 32 minutes 55 seconds West 96.34
feet to Department of Highways monument 1
THENCE South 70 degrees 26 minutes 30 seconds West 111.16
feet to a monument of the Department of Highwaysl
THENCE South 76 degrees 22 minutes 13 seconds West 106.79
feet to the Northwesterly limit of said Lot Number 461
THENCE Southwesterly along last mentioned limit 1.98 feet to
the northerly limit of. Broadway Streetl
THENCE Easterly along the last mentioned limit to the
Southeasterly limit of said Lot 481
THENCE Northeasterly along the last mentioned limit to the
point of commencement.
AND SAVING AND EXCEPTING THEREFROM, the northerly 50 feet
in perpendicular width of Lots 46 and 47 on the South side
of Mechanics Avenue in the Town of Kincardine, County of
Bruce.
As previously described in Instrument No. 250157.
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CHAU SITE PLAN AGREEMENT
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SCHEDULE "B".
SITE PLAN
,Part of Lots 46, 47 and 48
Registered Plan 4
(507 Broadway)
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CLEF;:", .-!.)J;¡¡"i!:iTRATOR
TOWN C·, IIINCAADINE
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SCHEDULE 'C'
SITE DEVELOPMENT REOUIREMENTS
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The Owner agrees that the completion date for all work
required pursuant to this agreement shall be August
31, 1995.
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.
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3. The Owner agrees that any floodlighting of the land
shall be installed in such a manner so as to deflect
the light away from adjacent streets and properties or
so controlled in intensity so as to prevent glare on
adjacent streets and properties.
The Owner agrees to ensure during development of the
"subject lands" that appropriate devices are installed
and measures taken to prevent unreasonable erosion of
soil from 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 this regard, acting
reasonably.
4.
5. The Owner agrees 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 Owner agrees to
abide by the requirements of the 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 weight 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 unobstructed access for
wheelchairs to at least one main building entrance
from the public sidewalk/street and one parking area
by use of sidewalk ramps of proper gradient and
surfacing.
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9. The Owner agrees to appropriately and properly finish
all lands lying between the "subj ect lands" and any
and all abutting streets, which, without limiting the
generality of the foregoing shall include the
following:
i) landscaping of lands lying between the street
line and property line not to be used for
vehicular or pedestrian entrances with topsoil
and sOd/seed.
installation of driveways of proper width and
grade from the street line to the property
line with asphalt, concrete or other hard
surfacing acceptable to the Town's Engineer.
H)
Hi)
removal of existing driveways which are not to
be used with replacement by appropriate
landscaping as detailed above.
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Schedule "C" - cont'd
Site Plan Agreement
10. The Owner agrees 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.
11. 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 clerk-administrator may agree in writing to
minor variations to provisions of this agreement, and
such minor variations shall not constitute an
amendment to this agreement.
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b
SCHEDULE "AU
CHAU SITE PLAN AGREEMENT
(description of land)
All and Singular that certain parcel or tract of land or
premises situate lying and being in the Town of Kincardine,
County of Bruce, and more particularly described as Part of
Lot 48, Part of Lot 47 and Part of Lot 46, Plan 4, on the
North side of Broadway.
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b
SCHEDULE 'A'
CHAU SITE PLAN AGREEMBN'r
(description of land)
All and Singular that certain parcel or tract of land or
premises situate lying and being in the Town of Kincardine,
County of Bruce, and more particularly described as Part of
Lot 48, Part of Lot 47 and Part of Lot 46, Plan 4, on the
North side of Broadway.
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