HomeMy WebLinkAboutKIN 92 089 Samdoon Holdings Pk
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-89
A BY-LAW TO AUTHORIZE THE SIGNING OF A PARKING PROVISION
AGREEMENT WITH SAMDOON HOLDINGS INC.
WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into parking
agreement;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with Samdoon Holdings Inc. to provide
parking for the employees and patrons of 969 Queen
street.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Samdoon Holdings Inc. which is attached
to this by-law and to affix the Town's Corporate seal as
and when required.
3. This by-law shall corne into full force and effect upon
its final passage.
4. This by-law may be cited as the "Samdoon parking
Agreement II By-Law".
READ a FIRST and SECOND time this 1st day of October, 1992.
READ a THIRD time and FINALLY PASSED this 15th day of october,
1992.
~y
Mayor
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(5)
SCHEDULE "An
SCHEDULE FOR DESCRIPTION
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of
Kincardine in the County of Bruce and being composed of
those parts of Lots 13 and 14 on the South Side of Broadway
Street, in the part of the said Town of Kincardine formerly
known as Williamsburg, Plan 4, more particularly described
as follows:
COMMENCING at a point of the
distant 48 feet measured
Northeast angle;
THENCE Westerly along the Northerly limit of said Lots 13
and 14 to the Northwest angle of said Lot 13;
Northerly limit of said Lot 14
Westerly thereon from the
THENCE Southerly along the Westerly limit of said Lot 13
which· is also the East Side of Queen Street a distance of
49.5 feet;
THENCE Easterly parallel with the Northerly
Lots 13 and 14 to a point distance 48
Westerly from the Easterly limit of said Lot
limit of said
feet measured
14;
THENCE Northerly and parallel with the Easterly limit of
said Lot 14 a distance of 49.5 feet more or less to the
place of beginning.
As described in instrument number 250780.
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(6)
SCHEDULE "B"
Part Lots 13 & 14, Plan 4, Town of Kincardine, County of
Bruce, more particularly described as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the said Town of
Kincardine and being composed of parts of Lots Numbers
Thirteen and Fourteen on the South side of Broadway Street
described as follows, that is to say:
COMMENCING AT A POINT ON THE West side of
Thirteen on the South side of Broadway street
feet (66') from the South West angle or corner
Number Thirteen.
Lot Number
sixty six
of said Lot
THENCE in a Northerly direction along the West
Lot Number Thirteen Forty Nine feet six inches
point·.
THENCE in an Easterly direction across said Lots Numbers
Thirteen and Fourteen and parallel with the south side of
said Lots Numbers Thirteen and Fourteen to a point on the
blind line between Lots Numbers Fourteen and Fifteen on the
South side of Broadway Street.
side of said
(49'6") to a
THENCE in a Southerly direction along the blind line
between Lots Numbers Fourteen and Fifteen forty nine feet
six inches (49'6") to a point.
THENCE in a Westerly direction accross said Lots Numbers
Thirteen and Fourteen and parallel with the south side of
said Lots to the place of beginning.
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(7)
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SCHEDULE 'C'
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.
.t
. ~~t~~;:-
uuçUI"~n' U~I",lal
Form 4 -lad A.'.......... Reform Act, 1....
u
290520
(1) RegIoIry GiI
( Property
ldenllllet(.)
Land Tltlea 0 (2) Page 1 of 7 pages
Block Property
Additional:
See 0
Schedule
'92 OCT 28 1\11 :36
40.-(4)
1990
n
Not Applicable
Dotlars $
-
=""100
DeocrIpIIon Al.l. AND SINGULAR that certain parcel or tract
of land and premises, situate, lying and being in the
Town of Kincardine, in the County of Bruce, and being
canposed of those parts of Lots 13 and 14 on the south
side of Broadway Street, in that part of the said Town
of Kincardine known as Williamsburgh, Plan 4, more
partic.ulp~ d~Cribed in Schedule "A" attached.SÈG
>'",j:
"-:j
n.
Additional:
See
_10
o
(7) 'I'1l1o
Doc:ument
CanIaIno:
(a) Recleacription
New E_ent
PIonISkøtch
o
(b) Schedule for:
Description Ð
Addillonal
Parties 0 0_ ¡¡]
(') ThIo DocUmenl provldn .. 1oI1owa:
chedule for Description is attached as Schedule "A"
ayment in l.ieu of Parking Agreement Attached as Schedule "a"
*~.
<-"-.-
Continued on Schedule 0
(8) Thla Document .......10 --IIUIIØt(.)
lnstrument 250780
(10) Pal'ly(lea) (Set out Status or In_)
Nama(s)
THE CORPORATION OF THE TOWN OF K1N
Date of Signolure
Y M D
! 92 ¡ 10121
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lerk-Administrato~ ¡ ¡
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............ ,.................. .........
(11) Addreas
IorServIce 707 Queen Street, Kincardine, Ontario, N2Z 1Z9
(12) Pal'ly(lea) (Set 0111 Status or In_I)
NIIM(a) '~ Signatunl(s)
AMDOON HOLDlNGS INC.,
Dale of Signalure
Y 101 D
..............'.............................. .........,........... ........
..... .
...........,................. .................
.... ,.
.........,................,............. .
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969 Queen Street, Kincardine, Ontario, N2Z 2Y2
('4) Munlálpal __ o' proparty
69 Queen Street,
inc.ardine, Ontario
2Z 2Y2
(15) D_t ""'pared by:
Ronald R. Shaw, Clerk Administra
Town of Kincardine,
707 Queen Street,
KINCARDINE, Ontario
N2Z 1Z9
Fees and Tax
Regiltration Fee
w
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='
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it
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a:
!2 Total
New80me and Gilben, Limited
Form LF1333' (1/85)
April. 1985
·
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( 2 )
SCHEDULE "An
Part Lots 13 & 14, Plan 4, Town of Kincardine, County of
Bruce, more particularly described as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the said Town of
Kincardine and being composed of parts of Lots Numbers
Thirteen and Fourteen on the South side of Broadway street
described as follows, that is to say:
COMMENCING AT A POINT ON THE West side of Lot Number
Thirteen on the south side of Broadway Street Sixty Six
feet (66') fEam ~~e South west angle or c9rner~,s~~'~~~
~.r fhlrteen. 'U', ':' ' ",' ,
THENCE in a Northerly direction along the West side of said
Lot Number Thirteen Forty Nine feet six inches (49'6") to a
point.
THENCE in an Easterly direction across said Lots Numbers
Thirteen and Fourteen and parallel with the South side of
said Lots Numbers Thirteen and Fourteen to a point' on the
blind line between Lots Numbers Fourteen and Fifteen on the
South side of Broadway Street.
THENCE in a southerly direction along the blind line
between Lots Numbers Fourteen and Fifteen forty nine feet
six inches (49'6") to a point.
THENCE in a Westerly direction aè·ross said Lots Numbers
Thirteen and Fourteen and parallel with the south side of
said Lots to the place of beginning. ¡J .:;...5 () 78 ø
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:_A'
SCHEDUl.E "B"
(3)
This AGø~ made this 15th day of october, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
SAMDOON HOLDINGS INC.
5luN:eLnatter called tbeA'OIiIfperN
of the Second Part.
WHEREAS the lands described in Schedule"A" are registered
in the name of SAMDOON HOLDINGS INC.
AND WHEREAS as a condition precedent
the payment in lieu of parking
development a further agreement
facilities is required;
to the Town refunding
fees paid for the
regarding, parking
NOW TIŒRBFORB THIS AGVR1ZIfIn1'.r WITNESSETH THAT in
consideration of approval of the plans for the development
on sUbject parcel of land by the Town and sum of ONE
($1.00) DOLLAR, the receipt of which is hereby admitted,
the owner for himself and for all successors in title,
HEREBY AGREES with the Town as follows:
1;. 'fi1ê;'é,$'I...:r .1J1f'.,to.... ..into an.ag~f\~at.~ the~...
Ownérs of 965 Queen street, more particularly
described in Schedule nBn.provide five parking spaces
for use of employees and patrons of the businesses
located at 969 Queen street and more particulary
described in Schedule "An.
2. In the event the owner loses the right to park
vehicles on the property described in Schedule "B"
through sale of said lands, rezoning of said lands,
physical barrier being erected preventing access to or
egress from said lands, through change of use of said
lands to a use which requires additional parking which
cannot be provided on the said lands, or through any
other way not specifically mentioned" in this
agreement; the owner shall pay to the Town a set sum
for each parking space on lands described in Schedule
"B", lost or no longer useable to the patrons and
employees of the businesses located at 969 Queen
sþreet (described in Scbedule"A").-"'!Ihe.,,,Þasis tor
this payment shall be determined according to policy
of the ~own or if no policy exists the sum shall be as
per the most recent payment in lieu of parking
agreement entered into by the Town. '
3. . The Town shall refund the $7,500 received as payment
,in lieu of parking upon the construction of the new
parking facillities and as deemed acceptable to the
Town's chief building official.
../2
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(4)
The word "Ownern and the words "he" or "his" where
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.
4. 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).
4.
::' "~':o/>;':'-:}~~9;:~:>_<» _ ,'.','," -'..-, . _ _ ,.' _':_. "'... _ :,,>,_,,:> ";>;<c"">-"':
Iif WIftBsS 1fIO&'IO' 'the Town has hereto affi:x:éêf' its
corporate seal attested by the hands of its mayor and clerk
this 15th day of October, 1992. The Owners have hereunto
set their hands and seals this 15th day of October, 1992.
SIGNED, SEALED AND DELIVERED )
in the presence of ) THE CORPORATION OF THE TOWN
) OF KINCARDINE
)
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H HOLDINGS INC.
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