HomeMy WebLinkAbout07 049 480 Sunset Drive Limited Service Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 049
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT WITH
TERRANCE STEPHEN DOYON & DONA RUBY DOYON
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Municipality of Kincardine Zoning By-law #2003-25 requires
that a Limited Service Agreement must be entered into before development can
occur on a private road;
AND WHEREAS the Municipality of Kincardine wishes to enter into a Limited
Service Agreement prior to issuing a building permit to Terrance Stephen Doyon
and Dona Ruby Doyon for Range Lake, Range Lake pt Part Lot 62, RP 3R-5777,
known municipally as 480 Sunset Drive, in the Municipality of Kincardine (former
Township of Bruce);
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
That the Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Limited Service
Agreement with Terrance Stephen Doyon and Dona Ruby Doyon,
attached hereto as Schedule "A".
2. That this by-law shall come into full force and effect upon its final
passage.
3. That this By-law may be cited as the "480 Sunset Drive (Doyon)
Limited Service Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 18th day
of April, 2007.
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This is Schedule" 1l..- " to B~aw
Nof)oo7-Ilf'9passed the ..J:l:. day
of Aft( II- 2007 .
LIMITED SERVICE AGREEMEN- ~"""I t! ~ ~Q~aU
.~ Clerk
YA
This AGREEMENT made in QUADRUPLICATE this /6 day of Il f7(( 1.L-2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
and
TERRANCE STEPHEN DOYON
&
DONA RUBY DOYON
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners of
480 Sunset Drive, Range Lake, Range Lake Pt Lot 62;RP 3R5777 Pt 2, Roll no.
4108260005231100000 in the Municipality of Kincardine (former Township of
Bruce) and hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a roadway to the subject lands for all
purposes included amongst which are ingress and egress, such roadway being
Sunset Drive, Municipality of Kincardine (former Township of Bruce).
AND WHE.REAS the owner wishes to access the building from a roadway to the
west of the land being the original road aUowance.
AND WHEREAS the aforesaid roadway forming part of the municipal road
system of the Municipality has no winter maintenance 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 issue a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are only limited municipal services provided to the
lands using the above mentioned limited services road allowance, and agreeing
not to demand municipal services from the Municipality because of the access
route 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 they have chosen to access the land by
way of a road with no winter maintenance under the jurisdiction of the
Municipality, being the road allowance Sunset Drive.
b) The owner acknowledges that the said road is not fully maintained on a
year round basis.
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 road or by way of the establishment
of another road.
d) The owner acknowledges that they are responsible for obtaining winter
maintenance on the road which provides access to the subject lands.
Doyon LSA
Page 2 of3
e) The owner covenants and agrees they will not make improvements or
changes to the roadway owned by the Municipality without first obtaining
the consent of the Municipality in writing.
2. The owner hereby acknowledges that the subject lands has limited municipal
services to date.
3. 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 fire 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 fire trucks, garbage collection, drainage works, road
maintenance, snow clearance, municipal water, municipal sewer, street
lighting, sidewalk, curbs, gutters, tree planting or any other service
whatsoever other than the one mentioned above.
4. 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 difficult and costly.
b) The owner further acknowledges and agrees that no severance 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 agreement 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.
5. 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.
6. The owner acknowledges that for the purpose of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the east
boundary which has frontage on Sunset Drive.
7. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
8. 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/her best efforts to obtain from such persons an acknowledgment in
writing that they are aware of and bound by the terms of this agreement.
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Doyon LSA
Page 3 of3
IN WIT1IIESS WHEREOF the Municipality has he~ed its ~e seal
attested by the hands of its Mayor and CAO this ay of , 2007.
has hereunto set his hand this J. day of ,2007.
SIGNED, SEALED AND DELNERED
in the presence of
(sealed or witnessed)
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(iJ/L (J ~~ JIM' ~S-)~
AME DATE
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00?\,t.- )..2. ~. __.J/
CAD - John deRosenroll
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TERRANCE STEPHEN DOYON
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DO UBY bOYON