HomeMy WebLinkAboutKIN 89 089 Samdoon Pking
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1989-89
SAMDOON PARKING BY-LAW
WHEREAS the Council for The corporation of the Town of Kincardine
deems it expedient to enter into an agreement with Samdoon
Holdings Inc. concerning the property described as Lots 7 and 8,
being a subdivison of Lot 8 and Part of Lot 2, being a
subdivision of Lot 7, all north of Durham Street, Plan 61 and
part of Lot 1, west side of Queen Street, Plan 4 in the Town of
Kincardine in the County of Bruce and being more particularly
described as Parts 1 and 2 on Reference Plan 3R-4572.
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 agreement with Samdoon Holdings Inc. concerning the
property described as Lots 7 and 8, being a subdivision of
Lot 8 and Part of Lot 2, being a subdivison of Lot 7, all
north of Durham Street, Plan 61 and part of Lot 1, west side
of Queen Street, Plan 4 in the Town of Kincardine in the
County of Bruce and being more particularly described as
Parts 1 and 2 on Reference Plan 3R-4572.
2. This by-law shall come into full force and effect upon its
final passage.
3. This by-law shall be known as the "Samdoon Parking By-law".
READ a FIRST and SECOND TIME this 17th day of August, 1989.
Jr,,&! 11\ !}t¡;70
Mayor
READ a THIRD time and FINALLY PASSED this 18th day of August,
1989.
L/ d'a~
Mayor
-
-
. -.-..... ~
. .
~ Province
t -. of
~ ,~~__""* ",..~ Ontario
Document General
Fonn 4 - Land Regl8lrallon Relonn Ac~ 1984
o
(1) RegIoIry ŒJ
(3) Pr-'Y
IdonIIIter(l)
Lend T_ 0 (2) pege 1 of 4 pages
Block
property
Additional:
See 0
_Ie
260042
'89 SEP 18 A11 :13
(4) Neture 01 D_ P I L·
ayment n leu
Agreement under Section 39(4)
(S)C_1Ion
N/A
of Parking
The Planning Act
Doll.... $
New Property Identifiers
Additional:
See
Scheduie
(6)~ 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 being composed of Lots 7 & 8, being a sub-
division of Lot 8 and Part of Lot 2, being a sub
division of Lot 7, all north of Durham Street,
Plan 61 and part of Lot 1, westside of Queen
Street, Plan 4 in the Town of Kincardine, County
o of Bruce and being more particularly described
as Parts 1 and 2 on Reference Plan 3R-4572.
Additional:
See
Schedu~
o
(7)ThI8
Dœumenl
ContaIno:
(a) Redescription
New Eaoament
PI~ketch
!: (b) Schedule for:
Additional
D! Deecription 0 Parties 0 Other IX]
(8) ThIo Document pro._ as loIlowo:
Payment in lieu of Parking Agreement attached as Schedule "A"
, .f'
J
f
.,','
.
,~,.
Continued on Schedule 0
(9) Thl8 Document relales 10 Inotrument numller(l)
(10) Party(Ie8) (Set out Status or Interest)
Name(s)
///s;;;;ature(.~~.:::::::=-?Ì-':·:::"- :::.:-:=;,..._. Date of Signature
,- ,_ //'- ________u_-;-~ -..--~.- ---~,?_...:___-_ --', Y M D
THE CORPORATION OF // //- //¿»/;>----:?'"'-,i1989i08i28
........................................ ;/... . :iWrÍ~fd:-~-:-sh.;¡;· '.: §ref·I<····· j..... i·· .¡...
THE TOWN OF KINCARDINE /-::::.:/- ~-- .//' ! ! i
. . . . . .. . . . . . . . . . .. . . . . . . . .. . . . . .'_.,-,_.~"d. :"'~.:~~'~'~~::".~"~:"'': ...-,-.~-c-.'.. . ., ¡ . . . . '1" 'j' . .
I "
... ............. .-........... ¡.... 'I- ..J...
, "
, "
, "
, "
, "
, "
............................................ .
(11)_
Iar Service
707 Queen Street, Kincardine, Onto N2Z IZ9
(12) Party(las) (Set out Status or Interest)
Name(s¡
Signature(s)
Date Of Signature
Y M D
.............. ,...........................
,
,
,
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ . . . . .
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '[ . . . . .
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '[ . . . . .
..... .
SAMDOON HOLDINGS INC.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..... .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..... .
(13)_
Iar ServIce
(14) Municipal _ 01 property
Queen St.
Kincardine, Onto
(15) Documenl Prepared by:
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
KINCARDINE, Onto
N2Z lZ9
~
Z Registration Fee
o
w
'"
:;:¡
w
o
u.
u.
o
Ie
o
u.
Fees and Tax
Total
M_............. ",....I f:::;U ~ ...
April,1985
,.;.--;
t.;."'to.r"-l"",""""
.
.
.
"
1-
SCHEDULE "A"
~HIS AGREEMENT made in duplicate this 11th day of August, 1989
BE'I'\'íEEN:
SAHDOON HOLDIUGS HJC.
OF' 'I'HE nRS'I PAR'l'
hereinafter called the Owner
-AND-
THE CORPORA'...'ION OF '¡'HE 'l'OHH OF KINCARDINE
OF 'l'IJE SECOND PAR'l'
hereinafter called the Town
WIJEREAS the Owner is the owner in fee simple of the lands
descrIbed in Schedule "A" attached hereto;
AiJD \JHEREAS as a condition precedent to the 'l'own approving a Site
Plan and the issuing of a building permit, an agreement regarding
parking facilities is required;
NOW 'l'HEREFORE THIS AGREEMENT WI'l'NESS~'lH that in consideration of
the premises and o,,:ner good and valuable considerô.tion and the
sum of ONE DOLLAR (1.00) and the material covenants ami
undertakings herein contained, the parties hereto agree as
follows:
1. '...he Olmer shall pay to the Town ,the sum of $3,500.00 in
consideration of the 'lawn granting a reduction of one
parking space on "ehe land reierred to in Scheàule "A"
attached hereto. The basis on which the payment of
$3,500.00 has been calculated is set out in Schedule "B"
a·ttached hereto. 'J.'his tee Shô.l.L be refunded ¡'Ii thin one year
from the date of this agreement it the Owner is able to
obtain ownership or a lease of the land currently adjacent
to these lands and OImed by the Ontario Housing Ccrporation
Authority as set out in Clause 4.
2. 'l'he Owner covenants and agrees to }u.y the 'l'OIIn the amount
set out in Paragraph 1 on the signing of this Agreement.
3. 'l'he Owner agrees to provide ten parking spaces on land
adjacent to the lands described in Schedule "A" to this
Agl-eemen t. In the event these .lands ever become unavailable
for parking tor the lands in Schedule "A" to this Agreemen·t,
the Owners shall pay the ~own a further payment-In-lieu of
parking fee for ten spaces at whatever rate is applicable at
ehe 'time ·the iurther payment is made.
4.
'I'he Owners covenant and agree to attempt to purchase, or
lease for minimum 5 year term, additional lands from the
Ontario Housing Corporation adjacent to the lands outlined
in Schedule "A" for the purposes OL parking related to the
lands outlined in Schedule "A". In the event these lands
ever become unavailable for parking ior the lands in
Schedu.le "A" to this Agreement, the Owners shall pay the
Town a fúrther payment-in-lieu of ~arking fee for one space
at whatever rate is applicable ae the time the iurther
payment is made.
5.
'l'he word "Owner" and the words "he" or "his" where used in
this Agreement e.ná in addition to its accepted meaning,
shall mean and include an individual, an associate, a
partnershi~ or incorporated company whenever the singular is
used herein it shall be construed as including the ?lural,
and I¡henever che masculine is used herei~ it shall be
construed as including the feminine.
.-
,¡....
t,.,.~1>,-.."..
,
.
.
.
-¿-
6.
It is declareâ and agered that this Agreement and the
covenants, provisions, conditions and schedules herein shall
enure to the t.enefit of and be binàing on the respective
heirs, executors, admin~strators, successors or assigns of
each of the parties hereto.
j. IN WITNESS WHEREOF the ~own and the Owner have hereunder
affixed their corporate seaLS and attested by the hands of
their duly authorize otticers.
IN THE PRESENCE OF
'.l:IiE CORPORATIOn OF
THE ~OW~ OF KINCARDINE
¡ln4d/ ¿l([)/~
Hayo'r<..>·' "'_"
'" .
N HOLDINGS
~
-'..;.--
"__","Wy._
)
)
)
)
)
)
)
)
-=---~
~-_.
.-
- ~ ;..-
Secretary
_';::11.........,
1
"~~'¿
"
~...--;;;...... - '~T'"
~~~~ ~
-~-"r~
_w 1~'IT~i'.-
" ':
:èO
~~'-;;;-
~....~....
.
.
.
,
"-~-'::';.:....,...;o'
.
y
~. ' , .1
SCHBDULE "Au
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 being composed of Lots 7 and 8, being a
subdivision of LOt B and Part of Lot 2, being a subdivision of
Lot Î, all north of Durham Street, Plan 61 and part of Lot 1,
¡¡est side of Queen Street, Plan 4 in the 'l'OIvn of Kincardine in
the Countyoí Bruce and being more particularly described as
Parts 1 and 2 on Reference Plan 3R-4572.
SCHEDULE "B"
PARKING SPACE COS~ FORMULA
The Town of Kincardine has estimated 1989 costs of providing
parking spaces to be $2,000 per space development fees including
grading, asphalt surfacing and internal drainage plus $1,500 per
space for land purchase.