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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~~ .... ~'--'- .'~