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HomeMy WebLinkAboutKIN 94 064 Sp - J.Sandel-Ranney Y' · . · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-64 A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH JULIA SANDEL RANNEY WHEREAS the Council for The corporation of Kincardine deems it advisable to enter into agreement with Julia Sandel Ranney; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: the Town of a site plan 1. That The Corporation of the Town of Kincardine enter into a site plan agreement with Julia Sandel Ranney to ensure appropriate development of those lands located at 335 Durham Market North. 2. That The Corporation of the Town of Kincardine enter into a payment in lieu of parking agreement with Julia Sandel Ranney establish payment for three parking spaces required and not provided for on the site plan. 3. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Julia Sandel Ranney which is attached to this by-law and to affix the Town's Corporate seal as and when required. This by-law shall come into full force and effect upon its final passage. S. That By-Law Number 1992-94, be and the same be hereby repealed. 4. 6. This by-law may be cited as the "335 Durham Market North Site plan Agreement By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th day of October, 1994. ---------- .~~- . PARKING AGREEMENT This AGREEMENT made this 6th day of October, 1994. tIÞ BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- JULIA SANDEL RANNEY hereinafter called the "owner" of the Second Part. WHEREAS the lands described in Schedule "A" are registered in the name of Julia Sandel Ranney; AND WHEREAS as a condition precedent to the Town approving a site Plan and the issuing of a building permit, an · agreement regarding parking facilities is required; 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 agrees to enter into an agreement with the Town to provide three parking spaces for the use of employees and patrons of the business located at 33S Durham Market Square and more particularly described in Schedule "A". 2. The OWner further agrees to pay to the Town the sum of Four Thousand Five Hundred Dollars ($4,500.00) in consideration of the Town granting a reduction of three (3) parking spaces on the land referred to in Schedule "A" attached hereto. The basis on which the payment of Four Thousand Five Hundred Dollars ($4,SOO.00) has been calculated is set out in Schedule "B" attached hereto. · 3. The Town shall refund the Four Thousand Five Hundred Dollars ($4,SOO.00) received as payment in lieu of parking upon the construction of new parking facilities at 335 Durham Market Square, when deemed acceptable to the Town. · 2. The word "owner" where used in this Agreement 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 inure 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. .. ./2 -~ Page 2 Julia Parking Agreement . IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 6th day of October, 1994. The Owners have hereunto set their hands and seals this 6th day of October, 1994. SIGNED, SEALED AND DELIVERED in the presence of - - .. -.". -= THE CORPORATION OF THE TOWN OF KINCARDINE ~~_'-·2~~':'.;~·~~':~·~6..", ".... ~~.. :........ ~""';.I/ ~ f~ j'--- .-. ......:}:\ ....:::.-.. - :-.-:: ~'~ .- .-.~:-.:-..;::-~~,~/ .Qj~ . . . · · · SCHEDULE "A" The whole of Lot 4, Registered Plan 169, Town of Kincardine, County of Bruce, and Part of Lot 2, Registered Plan 169, Town of Kincardine, County of Bruce, being more particularly described as the following: COMMENCING to measure at the Southwest corner of said Lot Number Two; THENCE East along the Southern limit thereof sixty feet to a point; THENCE North in a line parallel with western limits of said Lot Number Two, Northern limit of said Lot Number Two; THENCE West along the Northern limits of said Lot number Two to the Western limit thereof; the eastern Sixty feet to and the THENCE South along said Western limit of said Lot Two, sixty feet to the place of beginning. As described in Instrument No. S4466. · · · · SCHEDULE "B" In 1989 the Town of Kincardine's staff calculated the cost of purchasing and developing a parking lot complete with an asphalt surface, storm drainage and street light to be $3,500 per parking space. Council established a lesser rate of $1,500 per space for any business in the C1 Zoned area of the Town in 1991. . . . . . , SITE PLAN AGREEMENT This AGREEMENT made this 6th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- JULIA SANDEL RANNEY herinafter called the "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. .. ./2 · · · · · . Page 2 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. The owner agrees to provide, install or otherwise abide by, at his sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 10. the development of the "subject with the provisions of this shall issue a certificate of a) Upon completion of lands" in conformity agreement, the Town 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 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. 11. .. ./3 '. Page 3 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; 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 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; . .../4 , 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 hereto affixed its corporate seal attested by the hands of its mayor and clerk this of October, 1994. The parties have hereunto set the~r hands and seals this day of October, 1994. . --....... ~ '~-".. ..-.;::,;,.- -- r_ _. ---.._..........-~.:->. .......' .~'" - . SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE ... --- . - ~'''''''~:'~:~~~~~~~~~':?J '...... ....-..., "-..- .....J,/ ~ f~---- :=: ......~..% ~.-.... - :.-- .= -:_-- ". SCHEDULE' A' . All and singular situate lying and of Bruce, and more that certain parcel or tract of land being in the Town of Kincardine, County particularly described as follows: The whole of Lot 4, Registered Plan 169, Town of Kincardine, County of Bruce, and Part of Lot 2, Registered Plan 169, Town of Kincardine, County of Bruce, being more particularly described as the following: COMMENCING to measure at the southwest corner of said Lot Number Two; THENCE East along the Southern limit thereof sixty feet to a point; THENCE North in a line parallel with western limits of said Lot Number Two, Northern limit of said Lot Number Two; the eastern sixty feet to and the THENCE West along the Northern limits of said Lot number Two to the Western limit thereof; THENCE South along said Western limit of said Lot Two, 4It Sixty feet to the place of beginning. As described in Instrument No. 54466. . . ~ .prOVince tf" Ontario..... c iI. ~ Docúmerit General Form 4 - Lend Registration Reform Act DYE & DURHAU CO.INC.-Fonn No. eas AIMndecI NOY. 1112 o /1111 (1) Registry [X] Land Tilles 0 T (2) Page 1 of pages 6 307225 (3) PropeIIy Block Property Identttler(s) Additional: Number See 0 CERTIFICATE OF REGISTRATION Schedule II. (4) Natu'" of Document U....L.;."'- õf Site Plan Agreement '94 OCT 24 A11 :03 R.S.O. 1990 (Sub.Sec 41, Chap. P.13 )~... p¿¡.toN~",1 "'.<-í > "". /1 (5) ..J N/A z 0 C8 - DoIlors $ w BRUCE '" NO.3...... "\:::f dR· t (6) DnaIptIon ~ w WALKERTON Lon egIs rar All and singular that certain parcel ü ¡¡: ~nd tract of land situate, lying and being in ... 0 he Town of Kincardine County of Bruce and being a: ~ot 4, R.P. 169 and Part of Lot 2, R.P. 169, Town !? f Kincardine, County of Bruce and being more harticularly described in Schedule "A" of the New Property Identifiers ite Plan Agreement, attached hereto. Addlllonal: See 0 Schedule execUtIOns my.,. (a) Redescription (b) Schedule for: Addlttonal: D_ New Easement Additional See 0 ConI8Ins: PlonlSketch 0 Description 0 Parties o Other ŒI Schedule (6) This Document provides .. tollo..: .te Plan Agreement attached as Schedule "A". Continued On Schedule 0 (9) This Document releles to Instrument number(s) ) 54466 (10) Party(ies) (Set out Status or Interest) Nsme(s) Signature(s) Date of Signature If~AA"I1::<"C"\IO;,-r4' ~ /,~____Y .M,D .. ,~~, ,0.£, ,~~~~,B:~~~~,e""..,.""""""., , ",.,.. ,~~J:9;Q4, ~,o. ,~p, Charles W. Mann,: ~~Ÿor - i ':-{:! ¡ ."""'.""'...,..,..,..,."""""'..,..,~."... :=,-,-".., ':=;'.'7, ,j ,;:. ':.. ,j.., a.~ ~-9:9:4.iiO 120 """"""""",'.'"""."."""",.", , aur'eèil' 'þ,'" 'CbÌJtúr-?--;~;-c.liÙ'k" 'oiL; r_..~., ¡.. 'j'" '~¿~ :;_~-~:,,~.-:w~:;,r~,,~·~ ¡ ¡ (11) Address "-.,¥".,.--. ... for Service (12) Party(les) (Set out Status or Interest) Name(s) Signeture(s) Date of Signature y M D . ",.:¡~l;...!, ,!ì.f.I.~,~.J, ,~~P,QE¡j!~ÿ'?~?or< ~<fI"¡Ptf,¿"" ......-............ ........ ...... 'f····· .... .. ............................................ . ... ......... ,_. .... .... ,... ...... '['.... .... .. ..... . .................... ,_....................... .. ..... ,-.. ,... .... ,-, ..... ...... 'r····· (13)_ h torSarvice iVð~~.. ~ ~I Address 01 PlOperty (15) Document P",pered by: I~II Fees and Tax Durham Market Square, Maureen A. Couture ..J Z Registration Fee KINCARDINE, Ontario 707 Queen Street, 0 w N2Z 2A2 KINCARDINE, Ontario (/ ~ N2Z 1Z9 w ü ¡¡: ... 0 a: 0 TNI JI':õ1l N · · · . . þ ,. SITE PLAN AGREEMENT This AGREEMENT made this 6th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- JULIA SANDEL RANNEY herinafter called the "THE OWNER" of the second Part. he is the registered Kincardine, County of attached hereto and WHEREAS the Owner represents that owner of those lands in the Town of Bruce, described in Schedule "A" forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in schedule "An attached hereto; 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 WRJi;RRJl.R 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 servant~, agents and contractors from any and all liability ~n 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. .../2 '\ , ~ · · · . . '3 .. page 2 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. 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 "Bn hereto, which shall hereinafter be referred "approved site plan". 9. agrees to provide, install or otherwise at his sole expense, the site development as detailed in Schedule "c" attached The OWner abide by, requirements hereto. 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 10. 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 nsubject 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. 11. .. ./3 '- · · · · , ~ 1f , Page 3 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; 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 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; .. ./4 . ..' .? . . . . . š . 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 hereto affixed its corporate seal attested by the hands of its mayor and clerk this (.,,+h d4<.{ of october, 1994. Tije parties have hereunto set their fiands and seals this ~+h day of October, 1994. -,.",..-, '>~"'~. ~~.-,'~~ l~~~:~~~:~'~;~~~"4'~ ' ,''v " ".,/./ --;.. /::::'":--- - ·-·-f·-~~ -.. - - ~ SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE - - --- - -. -- - - >--:--.~~.;~~,/ ,-,- ~ . · · · . ~ oS ..p ~ ~ . . SCHEDULE' A' All and singular that certain parcel or tract of land situate lying and being in the Town of Kincardine, County of Bruce, and more particularly described as follows: The whole of Lot 4, Registered Plan 169, Town of Kincardine, County of Bruce, and Part of Lot 2, Registered Plan 169, Town of Kincardine, County of Bruce, being more particularly described as the following: COMMENCING to measure at the southwest corner of said Lot Number Two; THENCE East along the Southern limit thereof sixty feet to a point; THENCE North in a line parallel with the eastern and western limits of said Lot Number Two, sixty feet to the Northern limit of said Lot Number Two; THENCE West along the Northern limits of said Lot number Two to the Western limit thereof; THENCE South along said Western limit of said Lot Two, sixty feet to the place of beginning. As described in Instrument No. 54466. - ~~ -'....'. - ¿ Document Genèral Form 4 - Land Registration Reform Act DYE & DURHAM co. wc.-Fonn No. 985 Amended NOV. 1992 lti ièrovince . of Ontario .""'.... ... . o 307224 (I) Regllll)' iii (3) Property Identtller{a) L_TItIes 0 (2) Page 1 of 11 pages I > -' Z o w U) ::> w () ¡¡: LL o II: o LL '94 Additional: See 0 Schedule . (4)Nature of Document Payment in Lieu of Parking Agreeme t R.S.O. 1990 Chap. P.13 Sub.Sec 40(4). -rp¿ I'J.JJNNnJr ¡IJ (5 oneldal1ltlon Block Property Number CERTIFICATE OF REGISTRATION , ~ì.¡ Oolla..$ BRUCE No.3 . '!,I<ERTON Land Registrar All and singular that certain parcel and tract of land situate, lying and being in the Town of Kincardine County of Bruce and being Lot 4, R.P. 169 and Part of Lot 2, R.P. 169, Town of Kincardine, County of Bruce and being more particularly described in Schedule "A" of Parking Agreement attached hereto. New Property Identifiers Additional: ~hedUI. 0 Executions Additional: See Schedule o (7)Thll Documenl ConIaIna: (0) Redescription New Eaæment PlanlSketch (b) Schedule for: o Additional Description 0 Parties 0 Other ŒJ (I) ThIs Document "",.Ides as follows: · Payment in Lieu of Parking Agreement attached as Schedule "A". Continued on Schedule 0 (9) This DOCIØIIenl relates to Instrument number{s) 54466 (10) Party{les) (Set out Status or Interest) Name(s) Slgnature(s) Dete of Signature . er.fw.~~4~1;f~~~~.................. ~~.~~''-:·~:':k~411MO.¡2-~ Charles W. Mann, MÀyà'r _! ".<: ! . ::::::: :::::::: :::: ::::::::::::::::::::: :·.~:¿¡.:~:I~J.~A¡~:¡li~:~ ,..,..../.. - :~~, -~:: ¡ I Maureen A. Couture,',C1'e-rk..,---l'·- .- I i .'~ -.... - ~ .'j.:- ~~~ : I (11) Address ", for Service 707 Queen Street, (12) Party{les) (Set out Status or Interest) Nam.(s) Kincardine, Ontario, N2l ll9 Signetur.(s) Date of Signature Y M D · . . ~!=I.~~a. R!l.~eI~l. R.a~n~y) .r~U:~~P«:~ . . . . . . , , , , ...,.., ,-,..." ,.,..,.,... ,...,.. ........ , , , , , , '.. .... ....... ...., ....... ...".. ·r·' ... .. .... .... '" ....... ............. .!..... .,.. .. ,.......,...,..."".".,'.,................ . ..,.. , · . . . . . . . . . . , . . . , . . . , . . . , . . . . . , . . . . . . . . . . ~ . . . ~ ..... , (13) :~ice krVdJÇ>Q:l'NI, 0Nr unlclpal Address of Property 335 Durham Market Squar KiNCARDiNE, Ontario Nn 2A2 (15) Document Prepared by: Maureen A. Couture 707 Queen Street, KiNCARDiNE, Ontario N22, H9 ~ Z Registllltlon Fee o w U) ::> w () ¡¡: LL o II: fr Fees and Tax TOI8I " t ,.... ... . PARKING AGREEMENT This AGREEMENT made this 6th day of october, 1994. · BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- JULIA SANDEL RANNEY hereinafter called the "owner" of the Second Part. · WHEREAS the lands described in Schedule "A" are registered in the name of Julia Sandel Ranney; AND WHEREAS as a condition precedent to the Town approving a site Plan and the issuing of a building permit, an agreement regarding parking facilities is required; 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 agrees to enter into an agreement with the Town to provide three parking spaces for the use of employees and patrons of the business located at 335 Durham Market Square and more particularly described in Schedule nAil. 2. The Owner further agrees to pay to the Town the sum of Four Thousand Five Hundred Dollars ($4,500.00) in consideration of the Town granting a reduction of three (3) parking spaces on the land referred to in Schedule "A" attached hereto. The basis on which the payment of Four Thousand Five Hundred Dollars ($4,500.00) has been calculated is set out in Schedule "B" attached hereto. · 3. The Town shall refund the Four Thousand Five Hundred Dollars ($4,500.00) received as payment in lieu of parking upon the construction of new parking facilities at 335 Durham Market Square, when deemed acceptable to the Town. . 2. The word "Owner" where used in this Agreement 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. 3. This Agreement shall inure 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). . .. ./2 .. 3 ... J Page 2 Julia Parking Agreement . IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 6th day of October, 1994. The Owners have hereunto set their hands and seals this 6th day of october, 1994. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE . , , .~ . . lJ , . '" . , SCHEDULE "A" · The whole of Lot 4, Registered plan 169, Town of Kincardine, County of Bruce, and Part of Lot 2, Registered Plan 169, Town of Kincardine, County of Bruce, being more particularly described as the following: COMMENCING to measure at the Southwest corner of said Lot Number Two; THENCE East along the Southern limit thereof sixty feet to a point; THENCID-,_ North in a line parallel with .-western --_limits of said Lot Number Two, ; Northern --:limit of said Lot Number Two; :THENCE West along the Northern limits of said Lot number -Two to the Western limit thereof; the eastern Sixty feet to and the THENCE South along said Western limit of said Lot Two, sixty feet to the place of beginning. · As described in Instrument No. 54466. · · .. · · · . . . ,.!' ... '. SCHEDULE "B" In 1989 the Town of Kincardine's staff calculated the cost of purchasing and developing a parking lot complete with an asphalt surface, storm drainage and street light to be $3,500 per parking space. council established a lesser rate of $1,500 per space for any business in the C1 Zoned area of the Town in 1991. - 5 Lot 581 X 160.381 4 J 20' 8.5' §I8IIEIDJ 58' -'" ""+ 46' ..\.. - 4' 39.3' 1/411 = 21 JFrr®jp)®~œml Amlmlìi~ìi®!Dl ':1:....,. ~~..;. 30' þ ~ j!:: m , ;'t.i¡'d l' 5.3'