HomeMy WebLinkAboutKIN 94 043 Agre-Quin Plza Pking
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-43
A BY-LAW TO AUTHORIZE THE SIGNING OF A PARKING PROVISION
AGREEMENT WITH THE QUINN PLAZA LIMITED.
WHEREAS the Town of Kincardine and Kincardine Public
utilities commission require the use of two (2) parking spaces
in order to install padamount transformers as part of the Queen
street reconstruction project on the lands described in
Schedule "A" registered in the name of The Quinn Plaza;
AND WHEREAS the Council for The corporation of the
Town of Kincardine deems it advisable to enter into a parking
agreement;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That the Council for The Corporation of the Town of
Kincardine enter into an agreement with The Quinn Plaza
Limited to grant a reduction to the requirement of the
Town's Comprehensive Zoning By-law of two (2) parking
spaces on the lands referred to in Schedule "A" of the
Agreement;
2.
That the mayor and clerk be authorized to
of The Corporation of the Town of
agreement with The Quinn Plaza Limited
to this by-law and to affix the Town's
and when required.
sign, on behalf
Kincardine, the
which is attached
Corporate seal as
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Quinn Plaza Parking
Agreement, By-law."
READ a FIRST and SECOND time this 7th day of JUly, 1994.
READ a THIRD time and FINALLY PASSED this 21st day of July
1994.
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Mayor
.., This AGREEMENT made this 7th day of July, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
THE QUINN PLAZA LIMITED
hereinafter called the "owner"
of the Second Part.
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WHEREAS the lands described in Schedule"A" are registered
in the name of The Quinn Plaza Limited;
AND WHEREAS the Town of Kincardine and Kincardine
utilities Commission require the use of two (2)
spaces on the aforementioned lands in order to
padmount transformers as part of the Queen
reconstruction project;
Public
parking
install
street
AND WHEREAS the use of these two parking spaces may result
in a shortage of parking spaces required under the Town's
Comprehensive Zoning By-law should the owners of the lands
wish, at some point in the future, to construct an addition
to the plaza currently located on the said lands;
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NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of approval of the plans for the development
on subject parcel of land by the Town and 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:
1. The Owner shall pay to the Town the sum of nil ($0.00)
in consideration of the Town granting a reduction of
two (2) parking spaces on the land referred to in
Schedule "A" attached hereto.
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2. The word "Owner" and the words "he" or "his" where
used in this Agreement and in addition to its accepted
meaning, shall mean and include an individual, an
associate, a partnership or incorporated company
whenever the singular is used herein it shall be
construed as including the plural, and whenever the
masculine is used herein it shall be construed as
including the feminine.
This Agreement shall enure to the benefit of and be
binding upon the parties hereto and their respective
successors and assigns (and shall run with the said
land owned by the parties).
3.
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Page 2
Parking Agreement
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 7th day of July, 1994. The Quinn Plaza Limited has
hereunto set their hands and seals this 7th day of July,
1994.
SIGNED, SEALED AND DELIVERED
in the presence of
~Qw~
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) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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) <'~rleSJY. Mallrx ,"
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) Clerk - Maureen A. coutu~e
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) THE QUINN PLAZA LIMITED
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Haro Qu~nn, Pres~dent
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SCHEDULE 'A'
All and singular that certain parcel or tract of land
situate, lying and being in the Town of Kincardine, County
of Bruce, Province of Ontario, and being composed of lands,
according to Registered Plan 4, in the said Town more
particularly described as follows:
FIRSTLY
Lots 2, 3, 4 and 5, East Side of Queen Street, Registered
plan 4, Town of Kincardine.
SECONDLY
Part Lot 2, West Side of Princes Street, Registered Plan 4,
Town of Kincardine, more particularly described as follows:
COHMBRCING at a point in the Westerly limit of Lot 2,
distant 10 feet measured Northerly thereon from the
Southwest angle thereof, being the point of commencement¡
THENCE Easterly and parallel to the Southerly limit of
said Lot 2, a distance of 84 feet to a point¡
TBERCE Northerly and parallel to the Westerly limit of
said Lot 2, to the Northerly limit of said lot¡
THENCE Westerly along the said Northerly limit a distance
of 84 feet more or less to the Northwest angle thereof¡
THENCE Southerly along the Westerly limit of said Lot 2 to
the point of commencement, as in 1160925.
THIRDLY
Part of Lot 3, West side of Princes Street, Registered Plan
4, Town of Kincardine, more particularly described as
follows:
BEGINNING at a point in the Westerly limit of said Lot 3, 3
feet Southerly from the Northwest angle of said Lot¡
THENCE Easterly parallel to the Northerly limit of said Lot
3, a distance of 91 feet 6 inches¡
TBERCE Southerly parallel to the Westerly limit of said Lot
3, to the Southerly limit of said Lot¡
THENCE Westerly along the said Southerly limit of said Lot
3, 91 feet 6 inches more or less to the Southwesterly angle
of said Lot¡
THENCE Northerly along the Westerly limit of said Lot to
the point of commencement, as in 1160925.