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HomeMy WebLinkAboutKIN 91 015 Subdivision Agree THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1991- 15 A BY-LAW TO AU'rHORIZE THR EXECUTION OF A SUBDIVISION AGREEMENT WITH LURGAN HOWINGS LIMITED FOR LYNDEN ESTATES. WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into a subdivision agreement with Lurgan Holdings Limited, for the development of a subdivision to be called Lynden Estates. NOW THRREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute, on behalf of The Corporation of the Town of Kincardine, the attached Subdivision Agreement with Lurgan Holdings Limited, concerning the property described as Park Lots 13, 14 and 15, East Side of Park Street and Park of Lot 16, East Side of Park Street and Part of Lot 1, North of Kincardine Avenue, Townplot of penetangore in the Town of Kincardine in the County of Bruce and being more particularly described as Part 1 on Reference Plan 3R-4822. 2. The clerk is hereby authorized to register this agreement against the subject property. 3. This by-law shall come into full force and effect upon upon its final passage. 4. This by-law may be cited as the Subdivision Agreement By-law". "Lynden Estates READ a FIRST and SECOND time this 7th day of February, 1991. J Jr?ÆAJ ¡) /1I;h~ Mayor ~ Deputy-Clerk READ a THIRD time and FINALLY PASSED this 21st day of February, 1991. . 1 Af:l~j ¡J i 9I;¿ÞG Mayor Deputy-Clerk : ,. ~';<~" .~ ~:::. Document General Fo...4 - lMd R'",-J.II_ft Reform Act. 1984 o .' ...: '-" " 11286 (1) RegIoIry, (3) r.::=cS) Lond '-"'ßI (2) Page 1 01 2 8 pages Block Property Additional: ~Ule 0 NUmber CERtIFIC\T~ OF RECE1Pr - "91 FFP 22 ~'" '(.6 , '. . . ¡ '0:; '.) ~...... BRUce Aut&- D No,3 ~ WALKERTON ' I.aI\d ~_ (4) Nature 01 Document NOTICE OF SUBDIVISION ',AGREEMENT Dollars $ D~ Parcel13-1 Section Ea~t a ~e~ Park Lots 13, 14 and 15, East s1de of Park Streets and part of Park Lot 16, East side of Park Street and part of Park Lot 1, North of Kincardine Avenue, Townplot of penetangore, Town of Kincardine, County of Bruce, being more particularly described as Part 1, Reference Plan 3R-4822. Addh_ tr..- 0 AddI_ s.. Sc:I-.Ie o (7) T.... Document Conlllnl: (a) R_riplion New Easement P1anISketch i (b) Schedule lor: I D! Description 0 Additional Parties 0 Other E9 (8) ThIs Documetll __.._: See· Schedule attached. -, ..... The.. Corporation of the Township of Kincardine hereby applies for the entry of û Notice of Subdivision Agreement in respect of the said lands. Subdivision Agreement between the Subdivider and the municipality attached. Continued on Schedule 0 (81 '""" _ relaloa to Inñument numborla) ,. .....~ (10) Pe,t!Y(ieo) (Set out Statui or 1_) Nàniè(s) Slgnaturø(s) Dete 01 Signature " Y M D "'.'" . . I THÊ-CORPORATION OF THE TOWN OF KINCARINE' I i j · ~; .;;;;~;;~~~~~;. ~~;~;;;~: .~~~~.. .. .. AL. (;:L.... .1;;;; .;f ~~ ....... ......... ......... .................... ..... ............... .............1..... ....... · . I ! i I . . (11)~ 707 Queen Street, Kincardine, Ontario (12) Perty(ieo) (Set out Statui or Inl_) Name(s) Slgnature(s) Date 01 Signature v M D , , ¡ , , ................... ............ .... .... 'r" '0' j I , I ............. ............ ·········f·· "'r ...... I : · , · , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . r . . . . . . ! · .~t!I!-ç;p.þI. .1'!<?W.I,l,!q!? ~.I.!fnW. . . . . . . . . . . . . . . . . · .<,<?IÿI;l!!~,>.. . . . .. .. .. .. .. " ........... . ...... . ..,.......... ...... ...... ... ...... ,-, .... Lowry, R. R. 1, Kincardine, Ontario N2Z 2X3 (14) Munlcipat _ 01 P-'Y Not assigned. (15) Document Prepared by: GRAHAM E. MAHOOD Barrister & Solicitor 313 Lambton Street, Box Kincardine, Ontario N2Z Fees and Tax Reglstretlon Fee ~ z o w 388 ~ 2Y8 w o u. u. o a: o u. TotIIl Neweome and Gilbert. Limited Form LF1333 (1/85) April. 1985 - · .."'-' - >^'"- ---1' J \!- . ,.,,,,,.1. ,;.. · · · ...,.. TJ?;,· ;¿. . ." ,. . , TIlE CORPORATION OF TIlE TOWN OF KINCARDINE SUBDIVISION AGREEMENT THIS AGREEMENT made in quadruplicate this 21st day of February, 1991. BB'l'WEEN LURGAN HOLDINGS LIMITED hereinafter called the "owner", of the First Part - and - THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town", of the Second Part - and - THE KINCARDINE PUBLIC UTILITIES COMMISSION hereinafter called the "PUC", of the Third Part WHEREAS the owner is the owner in fee simple of the lands described in Schedule "A" attached hereto; AND WHEREAS the owner of the lands described in Schedule "A" attached wishes to develop a subdivision to be called Lynden Estates; AND WHEREAS develop this agreement and the Town is prepared subdivision provided meet its obligations; to permit the owners to that they execute this AND WHEREAS the owner represents that there are no mortgages on the Lands; NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each of the parties hereto, (the receipt whereof is hereby acknowledged) the parties hereto covenant, promise and agree with each other as follows: 1.0 ORDER OF PROCEDURE Upon application to the Town of the preparation of an agreement, the owner shall: a) pay a deposit of $2,000 to cover the initial costs of the Town; and, b) submit a general plan outlining the services to be installed. 1.1 . ./2 - . '- · '. l . · · : ....,~ . 3. Page :2 ~ Subdivision Agreement 1.2 Prior to signing this Agreement, the owner shall: a) deposit with the Town securities and insurance as outlined in this Agreement, b) Pay in full all outstanding taxes and improvement charges; and, local c) Mutually agree with the Town concerning parcel (s) of land to be deeded to the Town parkland or the amount of cash to be given to the in lieu of parkland. 1.3 prior to starting construction on the services in the Plan, the owner shall: the for Town a) Have obtained final approval of the Plan from the Ministry of ,Municipal Affairs and have had the Plan registered, b) Deposit executed deeds ,to the Town, free and clear of all encubrances, for any land to be conveyed to the Town (such deeds to be deposited with the Town prior to the clerk's clearance letter to the Ministry of Municipal Affairs), c) Have submitted and obtained the Town Engineer's approval of the following, all to be done in accordance with. the Town's approved engineering standards: - Drainage Plan - Lot Grading Plan - Service layout for hydro, telephone, etc. - Road, sewer and watermain plans and profiles the Ministry of of approval for the system and the the water sewage d) Submit to the Town, Environment's certificate supply and distribution collection system; and, e) Provide written confirmation of having obtained the approval for drainage, road crossings, encroachment, etc. of all authorities including the County of Bruce, the Saugeen Valley Conservation Authority, the Ministry of Transportation of Ontario and any other authority involved. 1.4 Prior to the sale of any lot and/or prior to issuance of building permits the owner shall complied with all the requirements of sections 3.15, 6.1(a), 8.2 and 9.1 of this Agreement. Prior to any person occupying any building within subdivision, the owner shall have complied with the requirements of Section 9.1 of this Agreement. the all the have 3.3, 1.5 2.0 LIST OF SCHEDULES ATTACHED The following schedules are attached to and form part of this Agreement: Schedule nAn: Description of Lands to Which This Agreement Applies, (herein called "the Lands"). Schedule nBn: "the Plan"). Schedule nc·: Plan of Subdivision, (herein called Works to be Constructed. .. ./3 , · · · t -"; -~'{ Page :3 ~ Subdivision Agreement Schedule BDB~ Engineering specifications:~ Schedule, BE-: construction Schedule: Completion of Works. Design Criteria and Time Limits for imposed by the Schedule RpR: Additional Obligations Town respecting this development. Schedule BGB: Basements required to be granted to the Town and the PUC. 3.0 INSTALLATION OF SERVICES 3.1 General The owner shall design, construct and install at his own expense and in good workmanlike manner to the standards of the TOwn, and the PUC, all municipal services designated in Schedule "e" to the standards outlined in Schedule liD". 3.2 Leaal Plannina and Enaineeri~a Costs The owner agrees to pay to the Town the cost of the Town's solicitor and planner for all costs involved in processing and monitoring the Agreement and the Town's engineers for reviewing of plans and specifications and for supervision and inspection on behalf of the Town and in this regard shall deposit with the Town the sum of Two Thousand Dollars ($2,000.00) upon applying for the preparation of a subdivision agreement. The owner will be billed regularly for any costs incurred by the Town for legal fees, planning and engineering fees and the owner shall reimburse the Town for all such costs within 30 days of each billing. The Two Thousand Dollar ($2,000.00) deposit shall be retained by the Town as a float against any unpaid bills and any such deposit (or balance thereof) shall be returned to the owner at the expiration of the maintenance period. 3.3 utilities The owner shall enter into such agreements as may be necessary with the Bruce Municipal Telephone System, for installation or payment for telephone services and necessary appurtenances to service the lands and such other matters as the authority properly requires. The Town shall not be obligated to issue any building permits until provided with confirmation by the authority that the agreements provided for by this clause have been entered into or other satisfactory arrangements have been made. The owner shall enter into such agreements as may be necessary with Kincardine Cable T.V. Ltd., for installation or payment for cable t.v. services and necessary appurtenances to service the lands and such other matters as the service properly requires. The Town shall not be obligated to issue any building permits until provided with confirmation by Kincardine Cable T.V. Ltd. that the agreements provided by this clause have been entered into or other satisfactory arrangements have been made. 3.4 Consultina Enaineer The owner shall employ a registered Professional Engineer (hereinafter called the owner's Engineer) to assume responsibility for the design, general supervision and resident supervision of the installation and construction of the municipal services required by this Agreement. Upon completion of the installation of such services, the owner's Engineer shall provide, on a form acceptable to the Town, a Certificate of Completion stating that municipal services have been installed in conformance to the plans reviewed by the Town Engineer and in conformance to any certificates of approval from the Ministry of the Environment. . . . /4 : , ~ ~ ·-t.! · · · .' ~~'t ~- Page '4 ~ Subdivision Agreement 3.5 COntractors The OWner· shall submit to the registered Professional Engineer appointed by the Town (hereinafter called the' Town Engineer) a list of all the contractors and sub-contractors to be engaged in the installation of the municipal services and no contract for such works shall be let by the OWner unless he has obtained written approval of the Town Engineer for the contractors and sub-contractors. 3.6 Works to be Installed The Works to be installed are set out in Schedule "C" of this Agreement. This schedule is to set out the works in general terms only and shall not be construed as covering all i terns in detail. If at any time and from time to time during the development of the Lands, the Town Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the owner shall, at his expense construct, install or perform such additional works at the request 0t the Town Engineer. 3.7 ~lans and SDecif~cations (a) . Plans of ProDOsed Services The owner shall submit to the Town Engineer three sets of plans, profiles, detail drawings, specifications and, if required, calculations for the installation of all the required municipal services. Such submission shall be in compliance with the standards and specifications of the Town. (b) Gradina Plan Before commencing any grading or construction, the Owner shall prepare and submit to the Town Engineer three sets of an overall grading plan. This plan shall specifically show existing and proposed grades for all lot corners, block corners, centre lines of roads and the centre of the minimum building set-back line on each lot. It shall also indicate existing ditches, natural watercourses and filled land. (c) Drainaae ReDOrt Before commencing any grading or construction, the OWner shall prepare a drainage report, acceptable to the Town Engineer, the Ministry of the Environment and the Saugeen valley Conservation Authority, that will describe how stormwater will be conducted through and from the site and how erosion and siltation and their effects will be contained and minimized in the site both during and after construction. (d) Review and ADDroval The Town Engineer shall: (i) review the submissions with reasonable dispatch, corrections (ii) communicate to the owner any requisite for such compliance, and (iii) subject to any requisite corrections, endorse his approval on the three sets of plans and specifications, retain one set for inspection purposes, return the other set to the OWner and submit one set to the Town's manager of public works. .../5 ~ '- \ ,.- · · · c "'..¥~ Page 5 Subdivision Agreement (e) ADDrovals The owner shall obtain th~ approval of the Saugeen Valley conservation Authority,' the Ministry of the Environment and any government authority which is required in respect to the installation of any municipal services contemplated by this Agreement prior to the approval by the Town Engineer and the commencement of construction. Further, the owner agrees to carry out,. or cause to be carried out the works recommended in the drainage report to the satisfaction of the Town Engineer and the·Saugeen Valley Conservation Authority. (f) As-Constructed Drawinas When the municipal services are completed and prior to acceptance of said services, the owner shall provide the Town with one mylar copy of as-constructed drawings thereof which shall detail such matters as roads, water, sewers and other utilities. Individual service connections shall be outlined on a separate plan for each service. 3.8 Schedule of Works The completion "E" to this proceed with the construction and in the sequence set out in Schedule owner shall of the works Agreement. 3.9 Commencement of Construction The owner shall not commence construction of any of the municipal services required by this Agreement without the approval of the Town Engineer and the Town Engineer must be given 48 hours written notice of the Owner's intention to commence construction. Work interrupted longer than 14 days shall not be resumed except after similar notification. 3.10 provision if Work Not Satisfactorv In the event the owner fails to install the municipal services covered by this Agreement or fails to proceed expeditiously or fails to install the municipal services in accordance with the specifications and requirements of this Agreement, then, upon the Town Engineer giving seven (7) days written notice by prepaid registered mail to the owner, the Town through its employees, agents or contractors may, without further notice , enter upon the lands and proceed to supply all materials and to do all the necessary inspection and works in connection with the installation of the municipal services, including the repair or reconstruction of faulty work and the replacement of materials which are not in accordance with plans or specifications and to charge the cost thereof, together with the cost of engineering, to the Owner. It is understood and agreed that upon such entry by the Town on the said lands, any monies placed on deposit with the Town to ensure completion shall be forfeited by the Owner and shall be applied towards the cost of any work undertaken by the Town, and in addition to all other remedies it may have at such time, the Town may refuse to issue further building permits until such remedial work has been completed and until such payment has. been made to the Town for such services that have been completed and are yet to complete. Such entry shall not be deemed as acceptance or assumption of the municipal services. . ./6 '. . ::. ~ · · · ;....l . , 1 , Page 6 Subdivision Agreement If, at any time, the work or construction of the municipal services referred to herein, in the opinion of the Town, is not being carried out in accordance with the plans and specifications or in accordance with good engineering practice, the Town may stop all or any part of the work for any length of time until such work has been placed in a satisfactory condition. 3.11 Authoritv to Inst>eç:t The owner agrees to permit the Town Engineer or his agents to enter on the lands at any time to inspect work and, if necessary, to make emergency repairs, at the owner's expense. Such entry and repairs shall not be deemed to be an acceptance of the services or an assumption by the Town of any liability. 3.12 Use of Services bv the Municioalitv The owner agrees that the municipal services constructed by him may be used, 'p~ior to acceptance by the Town, for the purpose for which they are designed. Such use shall not constitute acceptance of the services and shall not relieve the owner of any of his obligations. 3.13 Relocation of Existina services or Reoairs The owner agrees to pay the cost of relocating and repa~r~ng any existing services where such relocation or repair is made necessary by reason of the construction of the services required by this Agreement, and to adjust the grade of all manhole catcbbasins, water service boxes, valves, hydrants and valve chambers as may be required by the Town Engineer. 3.14 Qualitative or Ouantitative Tests The Town Engineer may have qualitative or quantitative tests made of any materials which have been or are prop?sed to be used in the construction of any municipal serv~ces required by this Agreement and the costs of such tests shall be paid by the owner~ 3.15 Services Within Easements The owner agrees that he will not apply for building permits for lots or blocks on which easements have been imposed, or for lots or blocks immediately adjoining such easements, until such time as an Ontario Land Surveyor has certified to the Town Engineer that the required service or services have been installed within the limits of the easements or that the easement descriptions have been adjusted in accordance with the location of the services as actually installed. 3.16 B1astina The owner agrees that no blasting will be undertaken without the written consent of the Town Engineer. 3.17 Damaoe The owner agrees to indemnify the Town for the cost of damage done to curbs, water service boxes and other services on existing streets or on any easements during construction and building by anyone other than the Town. . ./7 · ., · · . <í ,;' Page 7 Subdivision Agreement 4.0 MAINTENANCE AND RF.PAIRS BUItlNG CONSTRUCTION 4.1 Roads Within the Plan The owner agrees to carry out all road maintenance, including dust treatment and grading, until the roads have their final surface. 4.2 SnoWDlowina and Sandina The owner shall agree to provide, at his expense, snow removal with respect to all roads on the Plan of Subdivision' until such time as the two (2) year maintenance period for the above ground services has expired and said services have been accepted by the Town. In the event the owner wishes the Town to provide the aforesaid snow removal, the owner shall hold the Town harmless with respect to any damage that may occur as a result of said snow removal. The owner further agrees to provide to the Town, the latter's actual cost of said snow removal together with a Fifteen (15%) percent administration fee. Prior to the Town providing the snow removal services as aforesaid, the owner will, at its expense prepare the road, service and ramp watervalves, catchbasins and manholes, as may be deemed necessary by the Town. It is agreed that any maintenance performed by the Town pursuant to this section shall be deemed to have been performed by the Town as agent of the owner and no action on the part of the Town pursuant to his paragraph shall constitute an assumption by the Town of the said highways. 4.3 Sewers The owner agrees to maintain the storm sewers, manholes and catch-basins until final acceptance and to clean the sanitary sewers if any material is deposited therein other than ordinary domestic waste. Maintaining the storm sewers and catch-basins includes filtering against excessive sedimentation. Prior to final acceptance, the owner agrees to clean all catch-basins and manholes and flush sewers with hydraulic f1ushers to the satisfaction of the Town Engineer. 4.4 Care of Access Roads and Other Services All access roads and all appurtenances on road allowances giving access to the Subdivision shall be maintained in good condition during construction and, if damaged, restored by the owner. The owner agrees to apply calcium to the access roads, as needed and in sufficient quantities to prevent dust problems. This shall include the removal of mud tracked from the.Subdivision which must be removed at the direction of the Town Engineer. 4.5 DumDina and Removal of Debris or Fill The owner agrees neither to dump nor to permit to be dumped any fill or other debris on nor to remove or permit to be removed any fill from any public lands, other than for the actual construction of the roads in or abutting the subdivision, without the written consent or the authority having jurisdiction. 4.6 Sians The owner shall erect signs at least 1.2 metres by 1.8 metres at each entrance to the subdivision. The signs shall read as follows: "Roads not Assumed by Municipal! ty Use at Your own Riskn .. ./8 , , · · · ,,;.'" ? ., " Page 8 Subdivision Agreement These construction received the signs shall be installed prior to the start of and be removed after all the services have certificate of Final Acceptance. 4.7 Erosion and ~iltinq Control The owner must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc. both within the development and downstream during construction and completion of servicing of the subdivision. Failing adequate precautions being taken, the owner will be responsible for correction of any damages and paying all maintenance costs resulting therefrom. 5.0 ACCEPTANCE OF WO'R1r!l 5.1 Inscections The Town Engineer shall advise the owner in writing of the stages of construction of' which the Town Engineer requires the owner to request inspections and the Town Engineer shall effect such inspections without delay when requested. The Town Engineer may require the owner to inspection purposes any work which has been backfilling or otherwise before the Town has had opportunity to inspect any portion of the work. uncover for covered by a reasc;mable 5.2 Preliminarv Accectance Upon completion of construction and installation of each stage of the municipal services and satisfactory inspections thereof, the owner's Engineer shall issue to the Town Engineer a certificate detailing that the work has been completed in the stages as laid out provided for in this Agreement. The Town Engineer shall inspect the work and either accept or reject that statement and make a recommendation to the Town concerning the acceptance of the named services. Upon acceptance by the Town by resolution of council the period of guaranteed maintenance for that stage shall commence from the date of the last inspection. 5.3 Guaranteed Maintenance The owner guarantees all services constructed under this Agreement for a period of one year except for road surfaces which shall be two years following the date of the last inspection noted immediately above. The owner agrees to pay the Town immediately upon receipt of a written demand, any expense incurred by the Town in making emergency repairs during the guaranteed maintenance period. 5.4 Final Accectance At the end of the period of guaranteed maintenance of each stage of the municipal services, the owner's Engineer shall issue to the Town's Engineer, a certificate recommending final acceptance. The Town Engineer shall then complete the final inspection of those services. At the first reasonable opportunity following such final inspection of the services and any requisite corrections, which inspection shall not be unreasonably delayed, the Town Engineer shall recommend to council final acceptance of the services and Council shall pass the necessary resolution accepting the services and assuming the maintenance thereof. . ../9 ':.' · ~ · · , . ",,,,T' /0 ,.;~ . Page 9 Subdivision Agreement 5.5 Staaina of Accentance The inspections, preliminary acceptance acceptance of services shall be effected in the stages for the purposes of commencement of the guaranteed maintenance and final acceptance of the and final following period of services: - all underground services including water, sewers, hydro, cable T.V. and telephone. - granular road sub-base - all grading required before the issuance of a building permit including all road allowances. - granular road base and base course of asphalt road paving - all other above ground services not in Stage I II - concrete curb and gutter final course of asphalt road paving - seeding or sodding of boulevards and parks - all other items of municipal servicing which were not completed in stages I and II. Upon issuance of the Certificate of preliminary Acceptance of the stage I services, the period of guaranteed maintenance shall commence to run, as of the date of the last inspection thereof, for all the Stage I services except the granular road sub-base. Stage I stage II stage III Upon issuance of the certificate of Preliminary Acceptance of the Stage II services, the period of guaranteed maintenance shall commence to run, as of the date of the last inspection thereof, for all the stage II services. Upon issuance of the Certificate of Preliminary Acceptance of the Stage III services, the period of guaranteed maintenance shall commence to run as of the date of the last inspection thereof, for all the Stage III services. 5.6 Subdivision Releases Upon final acceptance of the municipal services by Council as set out in section 5.4 of this Agreement, completion of final grading on the lot after construction of a dwelling or dwellings to the satisfaction of the Town's chief building official, completion of any remedial work required by the Town and payment of all Town fees and accounts, the Town will give a general certificate of release, such release to be prepared and registered at the expense of the owner. In addition, the Town may release individual lots on the Plan of Subdivision on terms and conditions satisfactory to the Town. 5.7 Charae on Land The owner· charges tbe land with the performance of this Agreement. . ./10 , ~ ~:...' , . . :{,' /1' Page 10 Subdivision Agreement 6.0 DRAINAGE. LANDSCAPING AND DESIGN 6.1 Grade Control Notwithstanding any of the provisions of this Agreement to the contrary, the owner shall: (a) Complete the drainage system including all grading, ditches, swales, watercourses, ponds, drains, pipes, sewers, manholes, catchbasins, service connections, apparatus and equipment to service all the lands within the Plan and adjacent thereto as required by and according to the drawings, plans, reports and specifications approved by the Town Engineer. The owner shall maintain the complete drainage system, including clearing any blockage, until it is finally accepted by the Town. The Town may connect or authorize connections into the said drainage system but such connections shall not constitute acceptance of the drainage system by the Town. (b) Complete the drainage system,' including such grading as is necessary to bring the elevation of a lot or block to within 0.3 metres of the final grade as shown on the overall grading plan acceptable to the Town Engineer, prior to any building permits being issued. Final lot grading and the grading of ditches and swales on lots or blocks that drain only the lot or block on which they are located shall be the only parts on the drainage system to be completed after building permits are issued. (c) submit to the Town with every application for a building permit, a site plan indicating the location of the proposed building and driveway on the site and indicating that the proposed construction and grading will comply with said Grading Plan. The said site plan will also indicate the elevation of the top of the foundation wall of the proposed building which elevation will also conform to the said Grading Plan. No building permits will be issued until the said site plan has been approved by the Town's chief building official. (d) Submit with the building permit application for a lot, a letter of credit or certified cheque in the amount of Fifteen Hundred ($1,500.00) Dollars per lot to ensure that' the Grading Certificate referred to in Section 6.1 (g) of this Agreement will be provided by the owner. (e) Agree that no building permit will be issued for any construction beyond the completion of the foundation wall until the Town's chief building official is satisfied that the elevation of the top of the foundation wall of the said building, as constructed, conforms within reasonable tolerance to the elevation shown on the said site plan and meets lot, zoning and building compliances. (f) The owner shall complete all final grading of the said lot in conformity with the site plan and Grading Plan. (g) Submit to the Town a certificate acceptable to the Town, which certificate shall evidence that the final grading of the said lot conforms to the Grading Plan and site plan within reasonable tolerances as determined by the Town's chief building official and that as so graded, the lot will provide for surface drainage in accordance with the site plan and Grading Plan. If and when accepted by the Town's chief building official, the deposit shall be returned without interest to the owner less any costs incurred by the Town under Clause 6.1 (h) .. ./11 " · ':ì ~ · · · < :ir' /;l. Page 11 Subdivision Agreement (h) Be responsible for the drainage of all the lots and blocks within the Plan and shall, on the sale of any lots or blocks, reserve such rights as may be necessary to enable the owner or the Town to enter for a period of two years from occupancy of the dwelling and undertake modifications to the surface drainage features of the said lots and blocks in accordance with the lot Grading Plan agreed to by the Town. The Owner agrees that, should drainage rectification become necessary in the absolute discretion of the Town's chief building official at any time during the term referred to herein and the owner fails to make such rectification when so instructed by the Town, the Town may, at its option, undertake the correction of such drainage situation and all costs over and above the Fifteen Hundred ($1,500) deposit shall be charged back to the owner and shall include a management fee of Fifteen (15%) percent of the cost of labour and material. The owner agrees that neither it nor its successors or assigns will alter the grading or change the elevation or contour of the land except in accordance with drainage plans approved by the Town. , 6.2 TODsoil The owner agrees that no topsoil shall be removed from the lands on the Plan, without the written consent of the Town. Where it becomes necessary to temporarily remove any topsoil, it shall be stock-piled and replaced on the lot or block to a depth of no less than 15 centimetres over the entire area not covered by buildings, driveways or paved areas. If the existing topsoil on the site is not sufficient, additional topsoil will be supplied by the owner to maintain the required depth over the area. 6.3 LandscaDina (a) sodding & Seedina (i) The Owner shall ensure that sod or seed is placed on the unpaved portions of all road allowances after all roads, walks, and curbs, are completed. The owner shall ensure that sod or seed is laid on the front, side and rear yards of all lots and blocks thereafter. . (ii) The Owner shall ensure that sod or seed is placed designated parks in the Plan as required by the Town stage III of the municipal services. (iii) Sodding only, as opposed to seeding, shall be employed where, in the opinion of the Town Engineer, it is warranted on account of topography, soil conditions or drainage. on all during (iv) Sod shall be local No. 1 nursery sod. Seed shall be a mixture of No. 1 perennial grass seeds compatible to the area; rate of spread to be as directed by supplier. (v) Sodding and seeding shall be maintained by the Owner until well established. (b) Trees The Owner agrees to plant one tree on the road allowance in front of each lot. Trees shall be Norway or Hard Maple or green or white Ash and the diameter of each tree trunk to be at least three inches (3"). The location of the trees will be approved by the Town in advance. .../12 , ~ - ~ -,.~". :~ ;, I · ...."., · · ~; /05. Page.12 Subdivision Agreement 6.4 Sian for Subdivision The Owner may erect one sign advertising development on lands described in Schedule "A" to Agreement. The Owner shall remove any such signs after years from the beginning of construction. The Owner maintain the sign. the this three shall 6.5 Survey Bars prior to final acceptance of the subdivision by the Town, the Owner agrees to locate and, if necessary, replace all survey bars to the satisfaction of the Town gngineer. 7.0 ADMINISTRATION 7.1 Reaistration of the Aareement The Owner agrees that this Agreement and the hereto or any parts thereof shåll be registered title of the lands. The Owner shall pay to the legal costs incurred with respect to registration. Schedules upon the Town all 7.2 Servina of Notices Unless otherwise specified in this Agreement, any notices required under the provisions of this Agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the following addresses: TO THE MUNICIPALITY: Clerk The Town of Kincardine 707 Queen street Kincardine, Onto N2Z lZ9 Lurgan Holdings Limited c/o Wayne Lowry R. R. t1 Kincardine, Ontario N2Z 2X3 TO THE OWNER: The Owner shall supply the clerk of the Town with any changes in Ownership and/or address. The Town must then send any notices to new Owner and/or address. 7.3 Owner's Liability Until any services or work herein provided for is accepted by the Town, the Owner agrees to indemnify and save harmless the Town from all actions or suits which may arise either directly or indirectly by reason of the work done or the materials supplied by any of the parties to this Agreement pursuant to any of the provisions of this Agreement. 7.4 Notice to Purchaser of Services to be Provided The Owner agrees to notify, or cause to be notified, each and every purchaser of land within the said subdivision of all the services to be provided for such purchaser. .. ./13 1 :.. I . . ,,', Page 13 Subdivisionàgreement 7.5 Final Conies of Plan The owner agrees to present the final copies of' the Plan to the Town for AV~mination before they are presented to the Ministry of MUnicipal Affairs for signature and before the Town's final release is given and present same for re-examination before registration if any changes are made thereafter. 7.6 MYlar CODY of ~lan The owner agrees to lodge a mylar copy of the Plan together with twelve (12) prints as registered with the Town Clerk immediately after registration. 7.7 Final Release For Reaistratlon The owner agrees to submit to the Town's clerk-administrator, in order to expedite his final release to the Ministry of Municipal Affairs for registration, a detailed written submission outlining and documenting how all conditions imposed in this agreement requiring his attention and action prior to registration ~ave been met and satisfied and outlining how all draft plan conditions have been met and satisfied. 8.0 FINANCIAL PROVISIONS 8.1 Performance Guarantee Prior to the Town's release of the draft Plan of Subdivision to the Ministry of MUnicipal Affairs, the owner shall deliver an irrevocable Letter of Credit from a Chartered Bank in a form and amount satisfactory to the Town Engineer, in order to guarantee the completion of the works referred to in this Agreement. It is agreed that the amount of the Letter of Credit may be reduced or increased from time to time, subject to the approval of the Town Engineer in proportion to the works and services already installed or constructed and subject to a review by the Town Engineer of the remaining services to be completed. Prior to the acceptance of services, and the release of the performance guarantee, the owner will post a maintenance guarantee in the form of a Letter of Credit from a chartered bank in the amount of ten percent (10%) of the value of the work satisfactory to the Town Engineer. This letter of Credit shall cover all defects in the construction of the said works and services for a period of two (2) years from the date of acceptance of the said works and services, all in accordance with the requirements of Schedules "C", "D" and "E" attached hereto. The owner also agrees that the irrevocable Letters of credit referred to in this Section shall contain the following clause: "It is a condition of the Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date hereof, unless at least 30 days prior to the present or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period." .. ./14 ,~- ,-, "- " · ,':;;;"0··' · · /S, ;:: t Page 1',4 Subdivision Agreement 8.2 Levies or ImDOsts The owner shall pay to the Town the amount per lot as set out in the Town's Development Charges By-law or Lot Levy By-law in effect at the time of payment on or before the issuance of a building permit or the sale of each lot, whichever occurs first. The Town acknowleges the payment in 1989 of the impost fees or lot levies for 40 lots. 8.3 Taxes The owner shall pay in full all taxes and local improvement charges in arrears. 8.4 Insurance Prior to commencing construction and installation pf any of the services herein provided for, the owner shall supply the Town with a liability insurance policy in the amount of Three Million Dollars ($3,000,000) and in a form satisfactory to the Town's Solicitor indemnifying the Town, the PUC, and the Town Engineer from any loss arising from claims for damages, injury or otherwise in connection with the works done by or on behalf ·Jof the owner on the lands until the expiration of the guarantee period on all the services herein provided for. The policy shall not have any exclusion for blasting. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such policy, may pay the renewal premium or premiums, and the owner agrees to pay the cost of such renewals within ten (10) days of the account being rendered by the Town. The premiums for this policy shall be paid initially for a period of three (3) years. 8.5 Interest on OVerdue Accounts The Owner shall pay interest to the Town at the rate of 15 percent per annum on all monies payable under this Agreement which are not paid on the due dates, calculated from the due dates to the date of payment. 8.6 The Construction Lien Act. 1983 The owner agrees that it will hold back in its payments to any Contractor who may construct the services, such sums as are provided in accordance with the Construction Lien Act, 1983, and will otherwise indemnify the Town against any claims, actions or demands for Mechanics' Liens or otherwise in connection with the works and all costs in connection therewith, and on the demands of the Town Engineer will forthwith take such steps to immediately discharge all Liens upon the services. . Notwithstanding anything to the contrary contained in this Agreement, the owner hereby agrees that the filing of any Liens pursuant to the Construction Lien Act, 1983, with respect to the land described in Schedule "A" attached hereto, shall constitute a default by the owner of the terms of this Agreement and shall entitle the Town to draw on any or all of the Letter of Credit referred to in Section 8.1 of this Agreement and to utilize said draw to make payment into Court of the holdback together with costs. 8.7 siç .ewalks The Owner shall provide a cash deposit or letter of credit to the Town prior to execution of this agreement in an amount acceptable to the Town Engineer for the construction of sidewalks on one side of all streets to be constructed in the subdivision. The Town will use these funds to construct the sidewalks at the Town's convenience and any unused funds after construction will be refunded to the Lurgan HOldings Limited. .. ./15 . . n · · · . " Page ~5 Subdivision Agreement B.B Parkland The OWner agrees to, make a cash payment in lieu of parkland dedication to the Town at the rate of $500. per lot prior to the execution of this agreement. The Town acknow1eges payment for 40 lots paid in 19B9 and held in trust by the Town. These 40 lots are considered paid in full. B.9 Easements The or the PUC Town, free easements to approved by therein. OWner agrees to convey such easements to the Town as outlined in Schedule nF" as required by the from any encumbrances, and any other further be shown on the approved Engineering Plans to be the Town Engineer for the purposes set out B.I0 Reserves The OWner agrees to terminate all dead ends and open sides of road allowances created by the Plan in 0.30 metre reserves, as set out on the Plan and convey these and any other 0.30 metre reserves in the Plan in fee simple, free from encumbrances, to the Town. B.11 Walkways The Owner agrees to convey such public walkways to the Town as outlined on the Plan free from any encumbrances. 9.0 MISCELLANEOUS PR.OVISIONS 9.1 Buildina Permits No building permit shall be issued upon any lot or block and no building shall be undertaken thereon until completion of Stage I of the municipal services for that section of the road fronting on said lot. There may be an exception for hydro provided that the Town has received adequate security for the provision of this service. There shall be no occupancy of any lot until completion of Stage II of the municipal services for that section of the road fronting on said lot. The Town shall have the power to refuse to grant building permits with respect to any or all of the lots shown on the Plan at anytime when the Owner is in default under this Agreement. 9.2 House Numbers All street numbers for use within the proposed plan of subdivision shall be allocated by the Town. The Owner shall furnish the clerk with a copy of the Subdivision Plans as approved, upon which the clerk will designate the proper number of numbers for each lot. It shall be the responsibility of the Owner to furnish the subsequent purchaser of each lot with the correct street number. .. ./16 /6. . ~ .' ... - ':iJk~i" . . : , .,.';; . ~ /7 Page 16 Subdivision Agreement 9.3 Fencina The Owner shall construct and erect a chain link fence having a height of at least 1.5 metres along each side of all public walkways and to install an asphalt walkway to the satisfaction of the Town Engineer. 9.4 Street Sians The OWner shall erect to the satisfaction of Town's manager of public works, street and traffic prior to any building permits being issued. 9.5 Curbs For Disabled The OWner shall construct all curbs located at intersections to accommodate easy access by people in wheel chairs where sidewalks exist. the signs 9.6 Gender The word "OWner, or the words "he" or "his" where used in this Agreement, in addition to their accepted meanings, shall mean and include an individual, an associate, a partnership or an incorporated company and also includes heirs, successors and assigns. Wherever the singular is used herein, it shall be construed as including the plural, and wherever the masculine is used herein it shall be construed as including the feminine, and vice versa in all cases. 9.7 Authoritv The OWner and the Town acknowledge that the supply of any Town services to the lands which may be undertaken or on behalf of the Town must first receive the approval, with respect to certain of the Town services herein referred to, of the Ministry of the Environment. 9.8 No Waiver The failure of either the Town or the OWner to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either parties' rights to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of either party. 9.9 Severabilitv It is mutually agreed that in the event that any clause or provision of this Agreement or any part thereof shall be declared invalid, void or unenforceable by any Court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or unconscionable. 9.10 Non-Performance It is agreed between the parties hereto that no party shall be held responsible for damages caused by delay or failure to perform its obligation hereunder when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts or public authorities, or delays which cannot reasonably be foreseen or provided against. .../17 :.; , · · · /F. ." "..... Page 17 Subdivision Agreement 9.11 owner's ExDense is "at the Every provision of this Agreement by which the owner obligated in any way shall be deemed to include the words the expense of the owner" and "as approved or accepted by Town," unless specifically stated otherwise. 9.12 Comulete Aareement This Agreement when executed together with all Schedules attached hereto as provided for this Agreement shall constitute the entire Agreement between both parties and this Agreement may not be amended, modified or terminated except in writing signed by the parties hereto. 9.13 Further Documents The parties shall execute and deliver all and perform all further actions that may be necessary under the provisions of 'this Agreement. 9.14 COlllDliance with Law and standard Practices The owner shall perform its obligations hereunder in compliance with any and all applicable federal, provincial and local laws, rules and regulations, in accordance with sound engineering and safety practices, and in compliance with any and all reasonable rules of the Town relative to the Premises. documents reasonably 9.15 Indemniftca~ion ·of Municiuality - The owner, on behalf of itself, its successor and assigns in title, shall indemnify the Town and the Town Engineer on a sOlicitor/client basis against all actions, suits, causes of action, claims and demands whatsoever which may arise either directly or indirectly by reason of the owner undertaking this development. 9.16 Soil Conditions The owner acknowledges and agrees that any Town approvals, including (without restricting the generality of the foregoing) zoning, subdivision and site plan approvals do not verify or confirm the adequacy of soil conditions and the owner accepts responsibility for soil conditions, including soil contamination and agrees to comply with the Environmental protection Act and other legislation and the owner agrees to indemnify and save the Town harmless from all actions or claims relating to soil conditions on the subject la:nds. 9.17 Comuliance with Law Nothing in this Agreement exempts the owner or anyone claiming by or through or under it from compliance with any by-law of the Town or any Statute or Regulation of Ontario or any other law nor exempts it from any liability accruing to it as the owner of the Lands. .../18 ,- . .:... I . I, '>?' . ,..,~, f.' ~ Page 18 Subdivision Agreement BENEFIT AND BURDEN IT IS DECLARED AND AGREED that this Agreement and the covenants, provisions, conditions and schedules herein shall ensure to the benefit of and be binding on the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. IN WITNESS WHEREOF the Corporate seals of the OWner, the Town and the P.u.c. are hereunto affixed under the hands of their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED (in the presence of) Approved & Authorized by By-law No. 1991-15 enacted this 21st day of February, 1991 - : '- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~~---~f., '.,..,~~-;~~:::::'-:.",. THE KINCARDINE PUBLIC UTILITIES COMMI~~. .,.---: ... \).\ .:.... ~~ ''.'-. :¥~n secretary -, H:;·Watsòn, - - LURGAN HOLDINGS LIMITED se7retary- ;.. su:r;.er:: Michael ~belen = ~~: ~ .::. - ':;:.. -- ~~ '-" - ':. b '-. :::_- ~~.;-/ y..-.....__v'"'-~,""^' -'. 1/1::'-" --.-'.~ --, " --."./..../J""...:j~.~ . ". ...."" '. I . . ~t).' SCHEDULE "An Descriutlon of Lands to Which This A_ent Auulies Park Lots 13, 14 and 15, East Side of Park Street and Part of Park Lot 16, East Side of Park Street and Part of Park Lot 1, North of Kincardine Avenue, Townplot of penetangore in the Town of Kincardine in the County of Bruce and being more particularly described as Part 1 on Reference Plan 3R-4822. '. '"' .' ~"." ~' SCHEDULE "B" PLAN OF SUBDIVISION I JC',':' ':::"0;:' ïnt.l-' ^\J (t:lI) . (rl8).=tIII\(~"Y lIS 00I"þ .. oo.~'.lg N 81S ». -,. "" \JU" . 'I \ I ':'1,'",,0 V...~I't11' " lo..e ] .DO.~J t N I . OIL'~ . , I z ", Ii! c.; ~ :' ~ ~ ,_ or, to '" to . 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SCHEDULE "CD WOR'K: TO BE CONSTRUCTED 1.0 Roads, including granular base, concrete curb and gutter and asphalt pavement. 2.0 Storm sewers. 3.0 Sanitary sewers. 4.0 Watermains. 5.0 Electrical distribution system and street lighting. 6.0 Storm Water Management Report. . ~. .. ,~". . '.:. Á\... fl. . I . . SCHEDULE "D" ENGINEERING DESIGN CRITERIA & SPECIFICATIONS 1.0 ROADS 1 .1 Granular Base Granular base courses for the roads to be developed shall consist of a minimum of 300 mm Granular "B" or "c" and a minimum of 150 mm of Granular "An. The road base design shall be consistent with requirements which might be imposed due to native soil conditions. Granular materials shall be placed on a uniform sub-grade, compacted and fine graded, and ready for asphalt. 1.2 Concrete curb and Gutter Concrete curb Town Engineer accordance with and gutter of a type approved by shall be supplied and placed current O.P.s. specifications. the in 1 . 3 Asphalt Pavements All streets shall be paved with a minimum of 2 lifts of Hot Mix Asphalt for a total depth of not less than 70 mm. Roadway widths shall be 8.5 m. 2 . 0 STORM SEWERS The owner shall provide for an adequate storm drainage system based upon a five-year storm for the Kincardine area. Lot grading and road layout shall address storm water management for storms in excess of the five-year storm. In general, storm sewer materials shall be reinforced concrete structural support both for the pipe and the roadway above: Native backfill under the asphalt will be allowed where materials permit. Catch basins and manholes shall be complete with appropriate frame and grates, all conforming to current O.P.S. specifications and standards. 3.0 SANITARY SEWERS Sanitary sewers shall be provided to current Ministry of the Environment design criteria. In general, PVC pipe shall be used in a class appropriate with the depth of cover. Care shall be taken to bed and backfill the sewers in accordance with O.P.S. requirements. House service shall be 125 mm or 150 mm diameter services, connected to proper ntee" or "wye" branch fittings. Sewers shall be laid on an even grade and shall be tested for infiltration and/or deflection as required by current O.P.S. standards. 4.0 WATERMAlNS Watermain material shall generally be 150 mm diameter or larger ductile iron complete with tyton joints. All pipe valves, fittings, etc. shall be subject to current Kincardine P. U. c. requirements. House services shall be 20 mm type ilK" copper with a working pressure rating of 700 kPa. Hydrants shall be Canada Valve "Century Hydrants". All mains shall be flushed, tested and disinfected in accordance with current O.P.S. standards and specifications. ..?3. . .. .' . .. . .. ~~.:/,4.. ,.-... I . ... .~ -'.. . 5.0 6.0 " . SCHEDULE "D" - Page 2 ELECTRICAL DISTRIBUTION SYSTEM AND STREET LIGHTING An electrical distribution system, street lighting and the necessary appurtenances to service the development shall be installed in accordance with the specifications of the Kincardine Public utilities commission. The OWner shall enter into any agreements required by that utility in order to complete this servicing to their standards. . TYPICAL CROSS-8ECTION Road sections shall be laid out in accordance with a typical cross-section which will dictate locations for each of the utilities. Such cross-section will be provided upon request from the Town of Kincardine. ., 7.0 STORM WATER MANAGEMENT REPORT The Storm Water Management Report will be as written by B. M. Ross and Associates Limited dated September 12, 1991 and as revised on February 15, 1991. ~-.: - ..;~,. .;'¡ "'. 4.. I . . ;?:r SCHEDULE "E" Coll8tructlo. Schedule Time Llmllø for Co_lctlo. of Works Watermains, sewers, curbs, walkways, fencing, seeding, sodding, tree planting, granular base and base course of hot asphalt shall be completed not later than two years from the date of this agreement. 2. Final course of hot asphalt shall be completed not later than two years from the base course of asphalt and not prior to one year from the base course of asphalt. 1. "'...~( . .,;d ~ . ~S ........... I . :....: '. ". .~ 'Ä'" :lb. SCHEDULE "F" Additlnnal Obll.atloDl ImDosed by the Town R_eetlDl! This DeYeloomeat 1.0 Geotechnical Recort (Soil Investigation) The OWner agrees to follow all recommendations contained in the geotechnical report (soil Investigation), dated February 15, 1991 prepared by the OWner and acceptable to the the Town and the Saugeen Valley conservation Authority which was imposed as a condition of draft approval by the Ministry of Municipal Affairs to the satisfaction of the Saugeen Valley Conservation Authority; 2.0 Covenant on Title The OWner agrees to include the following in all Agreements of Purchase and Sale for Lots 51 to 57 inclusive and shall be a covenant on title for said lots and shall be binding ùpon the owners, purchasers, heirs, executors and assigns: a) that the recommendations in the geotechnical report shall be followed; b) that over time there is the possibility that there will be some ground loss and movement on and near the slope; c) that the Town and the Saugeen Valley Conservation Authority are under no obligation to undertake slope remedial works; d) that building and structures, including swimming pools, are not permitted within the area east of the "Building Setback Line" as shown in the geotechnical report. 3.0 Snow Fencina The Owner shall erect snow fencing or other suitable barrier along the top of the slope for Lots 51 to 62 inclusive, and parts of the open Space Block (No. 65), prior to initiating any grading or construction on the site to prevent unauthorized dumping of fill. This barrier shall remain in place until all grading and construction on abutting lots has been completed to the satisfaction of the Saugeen Valley Conservation Authority. 4.0 ODen Scace Zonina The OWner agrees to make application to zone Block 64 as Open Space under the Town's comprehensive zoning by-law and will not make application to rezone the lands to any other designation until the OWner shows to the satisfaction of the Ministry of the Environment and . the Town that these lands may be developed following the completion of the relevant studies pertaining to methane gas and identification of appropriate mitigating measures as required by the studies. , ..\'::'o.';..~.f' ... '. .., "' . . 5.0 , 1'.' SCHEDULE "F" Page 2 ~ 077 Hazard zoninc¡ The owner agrees to make application to zone the areas of Lots 51 to 57 bounded by the "Building Setback Line" as shown in the geotechnical report to Hazard to the satisfaction of the Saugeen Valley Conservation Author! ty. The owner further agrees to not make application to rezone these lots to any other designation until the owner shows to the satisfaction of saugeen Valley Conservation Authority and the Town that the lands are appropriate for further development. The owner further agrees to provide the Town a one foot reserve, free and clear from all encumbrances, on Lots 51 to 57 immediately adjacent to the road allowance to completely deny these lots any access to a road allowance. The Town will deed these back, at the owner's expense, to the owner once the Lots 51 and 57 have been rezoned to the satisfaction of the saugeen Valley conservation Authority. , . .- -.!:j- -. :~-:-~ "'.:( , :"{J"i'I¡:':" . .. ,79:" SCHEDULE nG" EaeementB Reaulred to be Granted to the MDDlclDallt'f The following easements are required to be granted to the municipality in order to incorporate servicing of this subdivision. 1. 0 None. .