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HomeMy WebLinkAbout08 135 14 Blanche Lane (J & M Mcleod) Limited Service Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE e BY-LAW NO. 2008 -135 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH JOHN RUTTLE MCLEOD AND MAUREEN MARGARET MCLEOD e 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 Municipality of Kincardine Zoning By-law #2003-25 requires that a Limited Service Agreement must be entered into before development can occur on a private road; AND WHEREAS the Municipality of Kincardine wishes to enter into a Limited Service Agreement prior to issuing a building permit to John Ruttle McLeod and Maureen Margaret McLeod, owner of Part Lot 31, Concession 'A', Plan 3R-7651 in the Municipality of Kincardine (geographic Township of Kincardine), known municipally as 14 Blanche Lane; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Limited Service Agreement with John Ruttle McLeod and Maureen Margaret McLeod, attached hereto as Schedule "A". e 2. That this by-law shall come into full force and effect upon its final passage. 3. That this By-law may be cited as the "14 Blanche Lane (John & Maureen McLeod) Limited Service Agreement By-law". READ a FIRST and SECOND TIME this 6th day of August, 2008 J? ct 'Ie:.- ayor IJ~ i~T Clerk e READ a THIRD ~ and FINALLY PASSED this 6th day of August, 2008 ~ ~/ ;el - . LIMITED SERVICE AGREEMENT This AGREEMENT made in QUADRUPLICATE this (;t\., day of AlI'jus\ ,2008. BElWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- JOHN RUTILE MCLEOD & MAUREEN MARGARET MCLEOD Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represents that he is the registered owner of 14 Blanche Lane, Part Lot 31, Concession A, Plan 3R-7651 in the Municipality of Kincardine (geographic Township of Kincardine), Roll no. 4108210004217000000 and hereinafter referred to as the subject lands. AND WHEREAS the owner enjoys a private roadway to the subject lands for all purposes included amongst which are ingress and egress, such private roadway being Blanche Lane, Municipality of Kincardine (geographic Township of Kincardine). AND WHEREAS the owner wishes to access the building from a roadway known as Blanche Lane, to the east of the land being the original roadway. AND WHEREAS the aforesaid roadway is not a year round maintained roadway forming part of the municipal road system of the Municipality and as such the development of the subject lands would be contrary to the provisions of zoning by-laws of the Municipality and Bruce County Official Plan. AND WHEREAS the Municipality is prepared to issue a building permit for the subject lands as aforesaid provided that the owner first enters into an agreement acknowledging that there are no municipal services provided to the lands using the above mentioned limited services road allowance, and agreeing not to demand municipal services from the Municipality because of the access route chosen by the owner. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the mutual covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter set out, the parties hereby agree as follows: 1. a) The owner acknowledges that he has chosen to access the land by way of a private road without maintenance under the jurisdiction of the Municipality. b) The owner acknowledges that the said private road is not municipally owned or maintained. c) The owner covenants and agrees that no demand will be made upon the Municipality for the provision of access to the lands either by way of improved maintenance of the existing private road or by way of the establishment of another road. d) The owner acknowledges that he is totally responsible for obtaining maintenance on the private road, which provides access to the lands. 2. The owner hereby acknowledges that the subject lands do not presently receive any direct municipal services whatsoever. ...2/ McLeod Agreement Page 2 00 3. The owner hereby acknowledges and agrees that he will be responsible for the making of a private agreement for the pickup and disposal of all garbage arising from the use, enjoyment and any proposed development of the subject lands. The Municipality will pick up garbage if the owner delivers it to a site approved by the Municipality, on an existing Municipal garbage pick up route. 4. a) The owner hereby agrees not to make any demands at any time upon the Municipality for any municipal services of whatsoever nature and kind except fire protection when weather and roadway conditions permit the safe entry of trucks. b) Without in any way limiting the generality of the expression "municipal services" the type of services which will not be demanded shall include: Fire protection when weather and roadway conditions do not permit the safe entry of fire trucks, garbage collection, drainage works, road maintenance, snow clearance, street lighting, sidewalk, curbs, gutters, tree planting or any other service whatsoever other than the one mentioned above. 5. a) The owner acknowledges that this agreement is designed to permit the Municipality to determine the future provisions of municipal services to various parts of the Municipality and to discourage haphazard development or developments which make the provisions of municipal services difficult and costly. b) The owner further acknowledges and agrees that no severance or building permit shall be issued to the owner until this agreement has been signed by the owner. c) The owner acknowledges that the completion of this agreement shall in no way guarantee a building permit from the Municipality and acknowledges that an application for a permit must comply with the Building Code Act, the Building Code and all other applicable laws. 6. This instrument constitutes the entire agreement between the Municipality and the owner. It shall not be amended, altered or changed except by written agreement hereto. This agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original but such counterparts together shall constitute but one and the same agreement. 7. The owner shall pay to the Municipality all costs incurred by it for the negotiation and preparation of this agreement including legal and administrative costs. 8. The owner acknowledges that for the purpose of the zoning by-law of the Municipality that the frontage of the lands shall be considered the east boundary which has frontage on a private right of way being Blanche Lane. 9. This agreement shall ensure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 10. The owner covenants and agrees to inform all potential purchasers or other persons acquiring the land of the existence of this agreement and agrees to use his best efforts to obtain from such persons an acknowledgment in writing that they are aware of and bound by the terms of this agreement. ...3/ McLeod Agreement Page 3 00 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its mayor and CAO this JilL day of P.4 u.~-\- , 2008 and John and Maureen McLeod has hereunto set tIleir hand this 30fu day of jec,,"- , 2008. SIGNED, SEALED AND DELIVERED in the presence of ~, ~,~ --' 0 ~rOU CAO - John deRosenroll (sealed or witnessed) 8Cb~cp t2.-?'/J/13 ,;/ Date I ~.