The URL can be used to link to this page

Home My WebLink About07 285 Anderson Development Agreement (Kincardine Ave) . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007-285 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT WITH GUY O'REGAN ANDERSON AND JOSHUA GEORGE ANDERSON 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 its authority under this or any other Act; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it expedient to enter into a development agreement with Guy O'Regan Anderson for municipal servicing of Lots 17 -19 Park StreetW/S & Part Lot 15 & Part Lot 16, known municipally as 482 Kincardine Ave; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it expedient to enter into a development agreement with Joshua George Anderson for municipal servicing of Part Lot 17, Park Street -E- of Reference Plan #3R6614 Parts #1 &2; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with Guy O'Regan Anderson and Joshua George Anderson for municipal servicing of Lots 17 -19 Park Street W/S & Part Lot 15 & Part Lot 16, known municipally as 482 Kincardine Ave and Part Lot 17, Park Street- E- of Reference Plan #3R6614 Parts #1 &2 (Geographic Town of Kincardine) Municipality of Kincardine, County of Bruce. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Guy O'Regan Anderson and Joshua George Anderson, attached to this by-law as Schedule "A". .../2 . . . . Page 2 Anderson Development Agreement (Kincardine Ave) By-law By-law No. 2007 - 285 3. This By-law may be cited as the "Anderson Development Agreement (Kincardine Ave) By-Jaw". READ a FIRST ,md SECOND TIME this 3rd day of October, 2007 '*---~ Cle READ a THIRD TIME and FINALLY PASSED thJs 3'd day of October, 2007 Q--~ Clerk This is Schedule n.A...n 10 By-Law No.;2001-J.h"passedthe.J.::!...day of /l/bb't.. 2007 Municipal land Development A~ JI;;;:".JJ.:t - ~(j7 BE TWE E N: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafler called the "Municipality") -And- Guy O'Regan Anderson (Hereinafter called "Anderson Father") -And- Joshua George Anderson (Hereinafter called "Anderson Son") WHEREAS the Municipality is desirous to create easements on lands from Anderson Father & Son to provide the proper width of road allowance on the Park Street extension to allow for the future development of such collector roadway. NOW THEREFORE the Municipality agrees to provide Anderson, Father & Son with the following in exchange for easements on property described on Pryde Schropp McComb Inc Engineering Plan C5 Revision #1 (attached as Schedule 'A'): 1. The lots currently owned by Guy Anderson (being: Lot 17 -19 ParkStreetW/S & Part Lot 15 & Part Lot 16, being #482 Kincardine Avenue, referenced on Schedule 'B' as properties #3 & #1). The owner agrees to enter into a Municipal Easement Agreement with the Municipality for the land referenced on the Pryde Schropp McComb Inc Engineering Plan C5 Revision #1 (attached as Schedule 'A') and further referenced by an R-Plan Survey_ 2. The lot owned by Joshua George Anderson (being: Part Lot 17, ParkStreet-E- of Reference Plan #3R6614 Parts # 1 & 2 referenced on Schedule 'B' as property # 2). The owner agrees to enter into a Municipal Easement Agreement with the Municipalityfor the land referenced on the Pryde Schropp McComb Inc Engineering Plan C5 Revision #1 (attached as Schedule 'A') and further referenced by an R-PlanSurvey. 3. Both Lots referenced on Scheduie 'B' as Lots # 2 & 3 will be provided with fuli municipal services (water, sewer, electrical & entrances) from municipal roadway. Cost == $19,943.10. Curb, gravel and culvert, if required, to the Lot Line. 4. Anderson Father's house located at # 482 Kincardine Avenue (Part Lot 15 & Part Lot 16) will receive proper grading between the proposed roadway and the existing house. This property is referenced on Schedule 'A' as property #1. (Developerto fund this item as part of the road construction). 5. Anderson Father will receive mature spruce trees along the ea~r property line (property# 1 Schedule 'B'). Cost= ~15trees @$500 ree,-iR~~~). ...6771500 -'?~R c7) _- 6. Anderson Father will have one tree moved by the--JVIunicipality on prope 1. Cost=$500.00. 7. The stream crossing both Anderson Father & Son's property will be properly re- aligned to ensure that its original aesthetics are maintained as much as possible when the roadway is constructed. ( Developer to fund this item). ~ 2 ~ 8. Please note that the final dimension & area of the land for the easement from Anderson Father & Son to the Municipality may be adjusted to accommodate the final design and decisions of both the DFO and SVCA. An R-Plan Survey will be_ completed once the final details are known. 9. All survey & legal costs deemed appropriate shall be borne by the Municipality. IN WITNESS WHEREOF the parties hereto have executed this Agreement as evidenced by the hands of their proper signing officers duly authorized in that regard. ~K er, Mayor $ ~,'_ :"~r~ o n-deRosenroll, CAG ~~ CJ>~Qr Witn E ~ 'J\'6,q~ Witn Date n. ........ .......................... I. -- :il5ii:-:''U,'''-'..:oI'nVo " , ;- _~e.a..;',lI.,=",""'.:a.. r.:o.___ . . . I , , - ,. -- .-- - ~ . '-~ .- ~ -- '....- ,.... ". .... \ ,.- I, ,x-:-- '" I . -- - I - ,.. \ ,.. r 'I' , - i:r , I' I ! -. ., '.. - III -. -. . . "..... .- ..~ ., .- , ... ". , - ~ -:::-'f:: '\ . \ , - ~ ;~ ,,~ I - , -. . . . . . , . , I . . , . I . . , . , . . , I ! I I I I I I , I I I I I I I , , , , I I I , I I I . . l , - , .+ , '-f '-I-< .'1 ,.~~ ] - - .. .. ~ -. . . - . ,- - -- ....-. f#H'"'' . ,.~ - "".,..-""- -- -- - . . "....- 1_ _ . __'0 "~ ........,....- ..[ -- ,- -. ,- J I ,.. \ .,- I . -. ~ I ,.. ~ ,.. I o. ' I I " I ,- -. . . . I I 'I' I . ~ . . .. I . I : 1. I - n==- . - - , . - o I'R'il1'SCIIIU'l'Mcn"Hl"l.; -.-- 'O.."'.......~... ...----..- ~,__..-;r::;,____.. - S~VENSI.fIDlVI8lOOI -~-- - PARKSTllEET PlNlANCPIlOFLE ST"-'.315l0ST"',"~ - - - ""'" ~UOOVUITUO_ -- - C5 ,