HomeMy WebLinkAbout07 194 20 Mitchell Drive (Cole) Limited Service Agreement
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THE CORPORATION OF THE MlTNICIPALlTY OF KINCARDINE
BY-LAW
NO. 2007 -194
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT WITH
BONNIE PEARL COLE & DAVID DONALD COLE
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 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 ils authority under this or any olherAct;
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 Bonnie Pearl Cole and
David Donald Cole for Part Lot 7 & 8, Plan 491, in the Municipality of Kincardine
(geographic Township of Kincardine), known municipally as 20 Mitchell Drive;
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 Bonnie Pearl Cole and David Donald Cole, attached
hereto as Schedule "A"
2. That this by-law shall come into full force and effect upon ils final
passage.
3. That this By-law may be cited as the "20 Mitchell Drive (Cole) Limited
Service Agreement By-law.
READ a FIRST and SECOND TIME this 5th day of September, 2007
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Clerk
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READ a THIRD TIME and FINALLY PASSED this 5111 day of September, 2007
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of S. fe.,b.,... 2OI)i7
LIl\fiTED SERVICE AG
ThiS AGREEMENT made in QUADRUPLICATE this s:!!'day 0
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and.
BONNIE PEARL COLE
&
DAVID DONALD COLE
Hereinafter called the "OWner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners
of 20 Mitchell Drive, Part Lot 7 & 8, Plan 491, in the Municipality of Kincardine
(fanner Township of Kincardine), Roll no. 41082100042040000000 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
Mitchell Drive, Municipality of Kincardine (fonnerTownshlp of Kincardine).
AND WHEREAS the owner wishes to access the building from a roadway known
as Mitchell Drive, to the east of the land being the original roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained road
allowance forming part of the municipal road system of the Municipality 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 municjpal services provided to the
lands using the above mentioned limited services foad allowance, and agreeing
not to demand municipal services from the Muniqipality 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 thai they have chosen to access the land by
way of a road without winter maintenance under the jurisdiction of the
Municipality, being the road allowance Mitchell 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 I<? 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 totally responsible for obtaining
winter maintenance on the road which prpvides access to the subject
lands.
LSACOLE
Page2of3
e) The owner covenants and agrees they wiil not make improvements or
changes to the roadway owned by the MUl'!icipality without first obtaining
the consent of the Municipality in writing.
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoever.
3. The owner hereby acknowledges and agrees that they will be responsible for
the makillg of a private agreement for the pickLjp and disposal of all garbage
arising from the use, enjoyment and any proposed development of the subject
lands. The Municipality will pick up garbage if the owner delivers It to a site
approved by the Municipality, on an existing Municipal garbage pick up route.
4. a) The owner hereby agrees not to make any qemands 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, street lighting, sidewalk, curbs, gutters,
tree planting or any other service whatsoever other than the one
mentioned above.
5. a) The owner acknowledges that this agreement is designed to permit the
Municipality to determine the future provlsions 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 buildinl} permit from the Municipality and acknowledges
that an application for a permit must comply with the Building Gode Act,
the Building Code and all other applicable laV'fS.
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6. 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.
7. The owner acknowledges that for the purposJ of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the east
boundary which has frontage on Lower Beach F\oad Road.
8. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the partieS hereto.
9. 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.
LSACOLE
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IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested .by the hands of its Mayor ~nd CAQ ~hi~ day ,Qf~or.,2007. Bonnie
and DaVid Cole has hereunto set his hand thIS ~ day OOf()t, 2007.
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() (sealed or witnessed) I '// a
V/".w- jj lU4Cf'ib ! "r. 'fuud~ '
e 'i ~ - ~te Bonnie pearl Cole f
7/Z.4 o,~~L
David Donald Cole
SIGNED, SEALED AND DELNERED
in the presence of
Name
THE CORPORATION OF THE
MUN All. CARDINE
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'john de Rosenroll