HomeMy WebLinkAboutKIN 89 122 Sp - Stuart Ogg
,
~1
.
THE CORPORATION OF THE TOWN OF KINCARDINE
.
..'
BY-LAW
BY-LAW NO. 1989 - 122
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH STUART OGG CONCERNING PART OF PARK LOT 7.
WEST OF HURON ROAD AND BEING MORE PARTICULARLY DESCRIBED
AS PART 2 ON REFERENCE PLAN 3R-4529 AND PART 1 ON
REFERENCE PLAN 3R-4228.
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a site plan agreement with stuart
Ogg concerning the property consisting of part of park lot 7, west
of Huron Road and being more particularly described as part 2 on
reference plan 3R-4529 and part 1 on reference plan 3R-4228.
NOW THEREFORE 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 site plan agreement with Stuart Ogg concerning the
property composed of part of Park Lot 7, west of Huron Road
and being more particularly described as part 2 on reference
plan 3R-4529 and part 1 on reference plan 3R-4228, Town of
Kincardine, County of Bruce.
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 its
final passage.
d SECOND time this 7th day
READ a THIRD time and FINALLY
j~dl~
Mayor
.
PASSED this 21st day of December,
.., _0, ,
/<~;~'-~:_-_:::<;~,---
~\~:\
::=... --
:. -;.~- -- :¿;-~:
-<:::~:~-~;,~~~~~~~/
~.- .- Province
.f
.. ,~. "'&' .. OntarIo
Document General
fonn 4 ..: UncI .............. llelonn Ac~ 1814
-'~-~
UncITIIeIO
(2) Page 1 of 9
pages
2 6 4 4 0 6 (1) IIe IIIIY [K
(3) "awt,
.....1I111r(.)
Additional:
t"-.Io 0
Additional:
~.. 0
~
Number
CERTIFICATE OF REGISTRATION
'90 FEB -7 mo :21
_4~,JtJJ~ .
Land Aagistra,
(8) ThII_1 ~ ..1oIIowI:
Block
Properly
AdditlonBt:
t"hedulo 0
(4)~ olD_lid
Notice of Site
(Subsection 40
(5)
Plan Agreement
(10) The Planning Act, 1983)
N/A
00Ua/S $
t DA.........
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
Park Lot 7, West of Huron Road and being more
particularly described as Part 2 on Reference
Plan 3R-4529 and Part 1 on Reference Plan
3R-4228.
(7) ThII
Doctrment
eon_
(a) Redescription
NewE_
PIaniSI<eICh
(b) Schedule for:
o
Additional
Description 0 Partiøs 0 Other ~
Site Plan Agreement attached as Schedule "A"
(8) nil 0-1....... III ..._ numbeltl)
(10) Party(lII) (SeI out Status or In_)
Name(s)
THE CORPORATION OF THE
......,........... .... ....... ,.
TOWN OF KINCARDINE
........... ,....... ........
....... ............... .....
.
Date of Signature
Y M 0
\t1990 102 (05
. . ... ..... ... .......>. ... ..#.:.... .:.. .....
'....- .'
, aW0",-"Cle _. :, I ¡
. - - :,-1 I!
..... " .' " : : : : : : : : : : . , .~:~2;·::>:~~;:-~-~:~'~ì : : : : : ! : : :¡: : :
, .,
, "
· "
· "
· "
-
.
(11)~ 707 Queen Street, Kincardine, Ontario N2Z 1Z9
(12) Party(1eo) (Sat out StatUI or In_)
Name(l)
STUART OGG
Signatu'e(s)
Date of Signature
Y M 0
·
, ,
, ,
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . f . . . . . .
, ,
i ¡
, ,
, ,
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . : . . . . . .
, ,
¡ :
I ]
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . t . . . . . .
, ,
, ,
, ,
, ,
: J
............................,.........,..... .
........................,................... .
...............,... .......................
(13)~ R.R.#4, Kincardine, Ontario N2Z 2X5
(14) MunICIpal ~ 01 PtoporIy
770 Kincardine Avenue
Kincardine, Ontario
Newsome and Gilbert. Limited
(15) D...........ll'ftpllØ<l by.
Ronald R, Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street,
Kincardine, Ontario
N2Z 1Z9
I Fees and Tax
".
Z Ragilllalion Fee
o
w
(/
::>
w
(,)
ü:¡
...
o
9 ~
- TolIIl C/ c:r-
'. ~
~CHEDfJLE "A"
Page 2 of 9
THIS AGREEMENT made in triplicate this 21st day of
December, 1989.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
e-and-
of the First Part,
STUART OGG
hereinafter called the "Owner"
of the Second Part.
SITE PLAN AGREEMENT
WHEREAS the Owner represents that he is the registered owner of
those lands in the Town of Kincardine, County of Bruce, described
in Schedule "A" attached hereto and forming part of this
agreement;
AND WHEREAS the parties hereto agree that the lands affected by
this agreement are as set out in Schedule "A" attached hereto;
AND WHEREAS the Town has enacted a Site Plan Control Area By-law
pursuant to the provisions of Section 40 of The Planning Act, S.O.,
1983, Chapter 1, as amended
AND WHEREAS the covenants, agreements, conditions and
understandings herein contained on the part of the Owner and the
Party of the Third Part, if any, shall run with the land and shall
enure to the benefit of and be binding upon the parties hereto and
their heirs, executors, administrators, successors and assigns, as
the case may be, and shall be appurtenant to the adjoining highways
in the ownership of the Town,
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the approval of the plans for the development on subject parcel of
land by the Town and the 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:
PART A - GENERAL PROVISIONS
1.
The parties to this agreement hereby agree that the Owner as
herein stated is the registered owner of those lands described
in Schedule "A" to this agreement and the lands affected by
this agreement are as described in Schedule "A" to this
agreement, hereinafter called the "subject lands".
2.
The Owner hereby releases the Town, its servants, agents and
contractors from any and all liability in respect of the
proper maintenance and operation of the matters and facilities
required by this agreement.
The Owner agrees to allow the Town at its sole expense and in
its sole discretion to register or deposit this agreement in
the Registry Office for the County of Bruce against the
"subject lands."
.3.
. ,
'.
4.
.5,
".,.<
Page 3 of 9
-2-
The Owner will at all times indemnify and save harmless the
Town on a solicitor and client basis from all loss, costs and
damages which the Town may suffer, be at or be put to, for or
by reason of the execution of this agreement. The Party of
the Third Part joins herein to consent hereto and to bind its
interest in the lands hereto.
The clauses of this agreement are independent and severable
and the striking down or invalidation of anyone or more of
the clauses does not invalidate all or any of the remaining
clauses.
6. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
7, The Owner hereby grants to the Town, its servants, agents,
and contractors a license to enter the "subject landsQ for
the purpose of inspection of the works and the "subject lands"
or for any other purpose pursuant to the rights of the Town
under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Owner agrees to undertake development on the "subject
lands", at his sole expense, in conformity with the site plan
as detailed in Schedule "B" attached hereto, which shall
hereinafter be referred to as the "approved site plan".
9. The Owner agrees to provide, install or otherwise abide by,
at his sole expense, the site development requirements as
detailed in Schedule "C" attached hereto.
10. a)
Upon completion of the development of the "subject lands"
in conformity with the provisions of this agreement, the
Town shall issue a certificate of compliance.
b) "Certificate of Compliance" shall mean a statement of
the Town as to the substantial completion of the works,
matters and facilities required by this agreement and
shall not be deemed to certify compliance with any other
municipal requirements, regulations, or by-laws, and the
Town shall not be estopped from pursuing any or all of
its rights to enforce the continuing obligations of the
Owner under this agreement or to enforce any other of the
Town's requirements, regulations or by-laws which relate
to the subject lands.
11. The Owner hereby acknowledges that failure to complete all
required works within the specified time period shall mean a
certificate of compliance will not be issued until such work
necessary to complete the development is done, and that until
such certificate of compliance has been issued, in the event
that the prescribed time period has lapsed, the Town has the
right to refuse issuance of any permit necessary to carry out
any additional work on the "subject lands."
12.
.
All maintenance and repair of facilities and matters required
by this agreement shall be done by the Owner from time to time
at his sole risk and expense and the Owner agrees the "subject
lands" will not be used in any manner which will impede or
prohibit performance of the maintenance provided for in this
agreement.
.14.
.
, .
'.
13,
15.
16.
17.
18.
. ,
Page 4 of 9
-3-
The Owner agrees to maintain in good repair and at his sole
expense the ·subject lands" in conformity with the provisions
of Schedule "B" (approved site plan) and Schedule "c" (site
development requirements), and all other requirements pursuant
to this agreement, and all repair or maintenance shall conform
with the requirements of this agreement as it applied to the
original development.
The Owner agrees that all vaults, container, collection bins
and other facilities which may be required for the storage of
garbage and other waste material shall be kept within a
completely enclosed building or a completely enclosed
container in the location as shown on Schedule "B".
The Owner agrees that, at his sole expense, all parking areas
provided on the "subject lands" shall be reasonably in all
circumstances, maintained clear of snow so as not to prohibit
or block or in any way restrict access along any driveway,
walkway for vehicular and pedestrian traffic or reduce the
number of useable parking spaces below the minimum number of
spaces required by the Town's zoning by-law, The Owner agrees
not to store snow on-site such that it blocks visibility
adjacent to a street or drainage facilities on-site or where
adequate drainage facilities are not provided or where melt
water would adversely affect an abutting property.
The Owner agrees to maintain at his sole expense and in good
repair to standards acceptable to the Town all landscaped open
space, private driveways and complementary facilities, and
private approach sidewalks which are located on untravelled
portions of Town owned road allowances abutting the subject
lands,
The Owner agrees that all the facilities and matters required
by this Agreement shall be provided and maintained at its sole
risk and expense and to the satisfaction of the Town and that
in default thereof and in the sole discretion of the Town, the
Town may perform such requirements at the expense of the Owner
and such expense may be recovered by the Town in like manner
as municipal taxes within the meaning of Section 325 of The
Municipal Act, R.S.O., 1980, Chapter 302, as amended.
The Owner agrees to do the following:
(a) subject to The Public Transportation and Highway
Improvement Act, R.S.O. 1980, facilities, to provide
access to and from the land such as access ramps and
curbings and traffic direction signs;
(b) to dedicate to the Town, free and clear of all
encumbrances, all Easements and lands required by the
Town for the construction, maintenance and improvement
of any existing or newly required watercourses, ditches,
land drainage works and required watercourses, ditches,
land drainage works and sanitary sewage facilities on the
land and, on request by the Town, to deliver the properly
executed documents in registrable form to the Town in
order to complete the dedication to the Town and to pay
all costs incurred by the Town in respect to the
aforementioned dedications;
(c) to, where required by Town resolution, dedicate to the
Town widenings of highways that abut on the land
described in Schedule "A" attached hereto, free and clear
of all encumbrances.
.
.
;' ~ ~ .<
Page 5 of 9
-4-
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean the only area upon which the
erection and use of buildings and structures shall be
permitted.
ii) "Landscaped Open Space" shall mean the areas of open
space comprised of lawn and ornamental shrubs, flowers
and trees and may include space occupied by paths, walks,
courts, patios but shall not include parking areas,
traffic aisles, driveways and ramps,
iii) "Parking Area" shall mean the areas of open space other
than a street to be used for the parking of motor
vehicles and access ramps and driveways to areas used
for the parking of motor vehicles which shall be clear
of buildings and structures except those accessory to
the operation of the parking area, and which shall be
available and maintained for the parking of motor
vehicles including manoeuvering aisles and other space
necessarily incidental to the parking of vehicles.
iv) "Natural Open Space" shall mean the areas of open space
which are to remain in a natural state with a minimum
amount of maintenance, but shall not include areas of
outside storage, parking areas, traffic aisles, driveways
or ramps, or Building Area. Natural Open Space areas
shall be subject to the requirements of the Maintenance
and Occupancy (Property Standards) By-law as amended from
time to time for the Town and shall be kept clear of all
weeds and natural growth which is prohibited by other
Town by-laws. Areas of Natural Open Space may include
areas of Landscaped Open Space.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their
corporate seals attested to by the hands of their proper officers
in that behalf fully authorized.
THE CORPORATION OF T¡a.E"<roWN. -':--""
OF CE ~'é-.>-----.-::-~c",<c
) //t ~ --- ;;: --.:--~~
?1 - -~ ~ ~-=J
Mayor - Donna A. WH::¡on '=c ~ ::=
~ ~~--._ - ~ ....~~J
L--f ~.. --....;:-
Deputy-C er - Maure~~.c't/,trt1rE:è ß"
~"'III';~· ,:,_~"""
¡¡;: r1,:ÇJQ~
)
)
)
)
)
)
)
)
)
~~t~¿--62j/¿-
.
, .
Page 6 of 9
'.
SCHEDULE "AU
SUBJECT LANDS
.ALL AND SINGULAR that certain parcel or tract of land and premises,
si tuate, lying and being in the Town of Kincardine, County of
Bruce, Province of Ontario and composed of Part of Park Lot 7, West
of Huron Road and being more particularly described as Part 2 on
Reference Plan 3R-4529 and Part 1 on Reference Plan 3R-4228.
.
~'~'\":~'~.,_~_r
"
. .
,
Page 7 of 9
..
SCHEDULE "B"
APPROVED SITE PLAN
.The "approved site plan" shall be the plan drawn by Stuart Ogg
and marked as the "approved site plan", signed by the Town's clerk-
administrator or deputy, signed by the Owner and with any changes
marked in red and initialled by the clerk-administrator or deputy
and the Owner. This "approved site plan" shall be filed with the
Town's clerk-administrator.
.
,
..
.2.
.
-,
,..
-'
Page 8 of 9
SCHEDULE "c"
SITE DEVELOPMENT REOUIREMENTS
1 .
The Owner agrees that the completion date for all work
required pursuant to this agreement shall be December 31,
1990.
The Owner agrees to prepare a grading and a drainage plan
acceptable to the Town's Engineer and all surface and roof
drainage shall be controlled in accordance with the approved
plans in a manner satisfactory to the Town's Engineer.
3.
The Owner agrees that any floodlighting of the land shall be
installed in such a manner so as to deflect the light away
from adjacent streets and properties or so controlled in
intensity so as to prevent glare on adjacent streets and
properties,
4.
The Owner agrees to ensure during development of the "subject
lands" that appropriate devices are installed and measures
taken to prevent unreasonable erosion of soil from the site
by wind or water, and the Owner agrees to abide by any request
of the Town's Chief Building Official or Engineer in this
regard, acting reasonably.
5.
The Owner agrees to install temporary fencing or otherwise
adequately protect all trees, shrubs and other vegetation
which are to be retained, and such fencing shall be located
no closer to any trees than the drip line of such trees, and
the Owner agrees to abide by the requirements of the Town's
Maintenance Supervisor in this regard, acting reasonably.
6,
The Owner agrees that any internal driveways which are
necessary for and designated as a fire route shall be so
desi-gned--so as to carry the weight Q:t_tþe Towll'_s Fire Fig_hting
equipment.
7.
The Owner agrees to provide all landscaping as shown on the
"approved site plan". All plantings shall be installed to
the specifications and requirements as indicated on the
"approved site plan".
8,
The Owner agrees that the site and building shall be designed
so as to provide unobstructed access for wheelchairs to at
least one main building entrance from the public
sidewalk/street and one parking area by use of sidewalk ramps
of proper gradient and surfacing.
9.
The Owner agrees to appropriately and properly finish all
lands lying between the "subject lands" and any and all
abutting streets, which, without limiting the generality of
the foregoing shall include the following:
i) landscaping of lands lying between the street line and
property line not to be used for vehicular or pedestrian
entrances with topsoil and sod/seed.
ii) installation of driveways of proper width and grade from
the street line to the property line with asphalt,
concrete or other hard surfacing acceptable to the Town's
Engineer.
iii) removal of existing driveways which are not to be used
with replacement by appropriate landscaping as detailed
above.
.
~
.
~ 'I'. ;
,.P
,
,
Page 9 of 9
..
'.
OPTIONAL CLAUSES
10. The Owner agrees to obtain a building permit within six (6)
months from the date of this agreement. Failure to obtain a
building permit within the prescribed time period shall mean
this agreement is null and void.2
11.
The Owner also agrees that all driveways and parking areas as
indicated on the "approved site plan" shall be surfaced with
a gravel base, and that such gravel base shall be treated so
as to prevent the creation of dust by vehicle movements or
wind, and constructed in such a way so as to prevent vegetable
growth therein. Any graveled area may be surfaced with
asphalt or cement upon the Owner meeting the requirements of
and obtaining written permission from the Town's manager of
public works or engineer.
12.
The Town's
variations
variations
agreement.
clerk-administrator may agree in writing to
to provisions of this agreement, and such
shall not constitute an amendment to
minor
minor
this
- -",-" ---- - ---
- "---,-.. --- ._----~
- - --- '-----.----,--