HomeMy WebLinkAboutKIN 91 067 AMDU Payment/Pking
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1991-67
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH AMDU
LIMITED CONCERNING PARKING FACILITIES IN THE TOWN OF
KINCARDINE.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into an agreement with
AMDU Limited concerning parking facilities.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
The mayor
behalf of
agreement
parking.
2. This by-law shall come into full force and effect upon
its final passage.
1.
and clerk are hereby authorized to execute, on
The Corporation of the Town of Kincardine, an
with AMDU Limited for payment in lieu of
3. This by-law may be cited as the "AMDU Limited Payment in
Lieu of Parking By-law".
READ a FIRST and SECOND time this 5th day of September, 1991.
j -
I L~ .
nv1AJ {) c0/JJJnG
Mayor
READ a THIRD time and FINALLY PASSED this 5th day of September,
1991.
J~â:Ji~
Mayor
~~:...
'~-;.'" .
...
~. Province
of
..,,0 Ontario
[)gCUJ11ent General
F~ Lancl Reglolratlon Ralonn Ac~ 1914
.
o
~
,.
.1482
Number
~CERTIFICATE OF REGISTRATION
(1) Reglotry!!J
(3) Properly
1_«1)
Land TItIeo 0 (2) Page 1 of 5 pages
Block Property
Additional:
See 0
Sohedule
(4) Notu... of Document
Payment in Lieu of Parking
under Section 39(4) The Planning
Act
"91
NOV -4 A10:33
Agreement
(5) C_ratton
N/A
Dolla.. $
RTON
Laord R8gislrar
Additlonai:
See 0
S<:hedule
(6) DeocrtpUon
All and singular that certain parcel or tract
of land and premises situate, lying and being
in the Town of Kincardine, County of Bruce
and composed of Part of Lot 9 on the west
side of Queen Street in the said Town of
Kincardine and described in the deed of the
~n? ryf :¡ruceas Number 8739.
AddlUonal:
See
Schedute
[J
(7) This
Documenf
ConIaIno:
(al Redescription
New Easement
PlanlSketch
i, (b) Schedule for:
Additional
o i Description 0 Parties 0 Other ~
Payment in Lieu of Parking Agreement attached as Schedule "A"
,-.-.~
Continued on Schedule 0
(9) This Document _lei to Inotrument numbe«l)
158241
..... ........................................
~~.~:.-";,/ "'-:;:/
':: -.~f Signature
. "" -'0.=- M 0
",- -~~,.. ,;z _., J19.Ji1 )~..3.1
.. e5 :~~""..:2 1 !
., v ~_ ::;:;; ~~....> ~! :
"" //- .'1. / c- I :
. . . ..... '.IT It "~.,' . . ..... ,t,;,.' . '\. .. ... '" . .
........"'.... __/ ..-~-;'~ '".-1 _'-.-.:'" :
.........., - .....:..........:;.- J..~'- I ¡
. . . , . . . . . . . . , . . . . . . . ":':.<'..........\'~.~ ¡ . . . . . ¡ . . . ¡. . .
, "
, "
, "
, "
, "
, "
~~~' \. .....-
~ ::-:...~ ¥.~..
~- '~-
(10) Party(leI) (Set out StatUI or Intereet)
Noma(s)
THE CORPORATION OF THE TOWN OF
,..............,............................. .
....... ,..... ,.,.............................
(11)=.œ 707 Queen Street, Kincardine, Ontario N2Z 1Z9
(12) P8rty(p) (Set out Slatua or Inteo;eat)
Name(a)
Slgnatul'8(l)
Date Of Signature
y '" 0
,................ ,....,..................
,
,
,
. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ~ . . . . .
,
,
,
,
,
, . , , , , . , , , . , , , , , , , . , , , . , , , . , , , . , , , t ' , . , ,
......-.. -,....,..... ............ or·····
..... .
AMDU LIMITED
................................ ..............
. ,.,.......................................
... ...
.. ...
(13)_
1orSarvk:a 736 ueen Street
(14) Municipal __ 01 Properly
736 Queen Street,
Kincardine, ontario
N2Z 1Z8
Kincardine Ontario N2Z 1Z7
(15) Document Prwpared by:
Ronald R. Shaw, Clerk
Town of Kincardine,
707 Queen Street,
KINCARD1NE, Ontario
N2Z 1Z9
~
Z Registration Fee
o
w
'"
:>
w
O·
IL
LL
o
0::
f(
Fees and Tax
ToI8l
.
New.IOme and Gilbert, Limited
Form LF1333 0/85)
April,1985
-
.' '
~.. .
.
..;!t!t',.
c ::"
-'
>
.
2-
.
SCHEDULE "A"
.
This AGREEMENT made this 5th day of september, 1991.
BET WEE N :
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the first part,
- AND -
AMDU LIMITED
hereinafter called the "Owner"
of the second part.
WHEREAS the lands described in Schedule "A" are registered
in the name of AMDU Limited;
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 DOLLAR
($1.00), the receipt of which is hereby acknowledged, the
Owner for himself and for all successors in title, HEREBY
AGRßES with the ToW fI$'föl'!:oWS: ' '-
1. The Owner shall pay to the Town of the sum of Three
Thousand Dollars ($3,000.00) in consideration of the
Town granting a reduction of two (2) parking spaces on
the land referred to in Schedule "A" attached hereto.
The basis on which the payment of Three Thousand
Dollars ($3,000.00) has been calculated is set out in
Schedule "B" attached hereto.
2. The word "Owner" and the words "he" or "his" where
used in this Agreement and in addition to its accepted
meaning, shall mean and include an indi vidual, an
associate, a partnership or incorporated company
construed as including the plural, and whenever the
masculine is used herein it shall be construed as
including the feminine.
3 . This Agreement shall enure to the benefit of and be
binding upon the parties hereto and their respective
successors and assigns.
.. ./2
~
~':; .~
"
.."
.
.
",~,J
.''W'"
~
e"
Page 2
.
3
Parking Agreement
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 5th day of September, 1991. The Owner has hereunto
set their hands and seals this ) C; J1-.. day of ~~ ,
1991.
SIGNED SEALED AND,PE~+VERED
in the presence of'
THEÇgijR~IQN OF THE TOWN
O. J:::~"d ~1.
Donna A. Wilson ~~.aayor --
','
) AMDU LIMITED:
)
)
)
)
)
)
Pres' nt
-
,
.
'.
, ~'1;;~~'>
~
~
.
.
y
,
.
,
"
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of
Kincardine, County of Bruce, Province of Ontario and
composed of Part of Lot 9 on the west side of Queen street,
in the said Town of Kincardine, and described in the deed
registered in the Registry Office for the Registry Division
of the County of Bruce as Number 8739, and being more
particularly described as follows:
COMMENCING at the North East angle of said Lot 9;
THENCE southerly along the Easterly limit of the said lot a
distance o~ 44.5 feet;
THENCE in a Westerly direction parallel to the Northerly
limit of the said lot to the Westerly limit of said lot;
THENCE in a North Westerly direction along the Westerly
limit of the said lot to the intersection with the
northerly limit of the said lot;
THENCE Easterly along the Northerly limit of the said lot
to the point of commencement.
The above description is subject to the following:
The Grantees, their heirs and assigns acknowledge that the
lands to the south of the building presently on the above
described property may be subject to a right-of-way because
of use by others and the grantees and their heirs and
assigns agree that they are purchasing the property at
their own risk and with full knowledge of the possible
existem:s. .o.f the said right-oL..,way., Tb,e Gr.dntors.q:i.'\le~o
warranty of exclusive title to the lands south of the
building. It is acknowledged by the grantees, their heirs
and assigns, that it is the sole responsibility of the said
grantees, their heirs and assigns to dispute the rights of
anyone to use the said possible right-of-way.
As described in Instrument No. 158241.
..,.
:':"-'"
_,If
-- '-"-
~
~
......., .
.
.
.
.
~
s
"
.>
SCHEDULE "B"
In 1989 the Town of Kincardine's staff calculated the cost
of purchasing and developing a parking space complete with
an asphalt surface, storm drainage and street light to be
$3,500. per lot. Council established a lesser rate of
$1,500 per lot for any business in the C1 Zoned area of the
Town in 1991.
",,1'*""
- ._---.~
....-
-- '-"-"-----
-.,-
_ _,7~
~,,,,,,,,''''110101'''''' .,-
.~,_~.'" __c~~
....
~'--'-
.'~