HomeMy WebLinkAbout03 145 lsa mckellar
,
e
.
e
e
.
THE CORPORATION OF THE MUNICIPALITY OF KINC INE
KBT
BY-LAW
NO. 2003 -145
A BY-LAW TO AUTHORIZE THE SIGNING OFI
A LIMITED SERVICE AGREEMENT I
WITH PATRICIA MCKELLAR !
(8 Archie Street)
WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. 001, c. 25, as
amended, authorizes municipalities to pass by-laws respecting matters and
imposing conditions as a requirement for obtaining a permit;
!
,
AND WHEREAS the Municipality of Kincardine Zoning By-law #~003-25 requires
that a Limited Service Agreement must be entered into before ~evelopment can
occur on a private road; ;
,
AND WHEREAS The Municipality of Kincardine wishes to enttr into a Limited
Service Agreement prior to issuing a building permit to Pat 'cia McKellar of
Invernuron Park Part Lot 2, municipally known as 8 Archi Street in the
Municipality of Kincardine (former Township of Bruce); i
i
I
NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be authorized to sign, 0 behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Patricia McKellar, attached to this by-law.
2. That this by-law shall come into full force and effect upon s final passage.
3. That this By-law may be cited as the "McKellar Limited s~rvice Agreement
(8 Archie Street) By-law". '
READ a FIRST, SECOND, and a THIRD time and DEEMED to BE PASSED
this 8th day of October, 2003. I
I
I
I
-----......;i
I ~
.{.
~.., ..
·
·
·
·
¡
I
,"?"·C,-".,"të"-' ~"
0f>~' -á_'t"~",·""·'é;':""""~"·'"
..,..""".,:"-".""~.--.",,,,..,.:-.,_.,,,~--~..
LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE thiS{>" d~y of October, 2003.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
PATRICIA MCKELLAR
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owners of 8
Archie Street, Inverhuron Park Pt Lot 2; John S, Roll no. 4108260004222000000
in the Municipality of Kincardine (former Township of Bruce) 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 Archie Street, Municipality of Kincardine (former Township of Bruce).
AND WHEREAS the owner wishes to access the building from a private roadway
known as Archie Street, to the south of the land being the original roadway.
AND WHEREAS the aforesaid private 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 þrovision 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.
i,
.,
-;''"1
.
.." ..
.
.1
i
!
I
I
I
I
I
I
i
I
.-1
,
,
I
I
I
,
I
I
,
i
I
I
¡
~.
McKellar LSA
Page 2 of3
...2/
3. The owner hereby acknowledgetl and agrees that he will be responsible for the
making of a private agreement f()r 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 discQurage 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 ~greement 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 pl'eparation 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 north
boundary which has frontage on a private right of way being Archie Street.
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 '0 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/
.
.'" -.
't'
McKellar LSA
Page 3 of3
__ ~~::::~:~:h~~:~~t~,:~:~~~:;a:ø~~:~~f:7~~~~~
2003 and Patricia McKellar ha$ hereunto $at her hand this <'Ÿ/~ day o~~
, 2oo3.SIGNED, SEALED AND DELIVERED
.
I
i
I
t
.1
!
I
..
I
I
¡
I
in the presence of
(sealed or witnessed)
~
&~.!
r:
Mayo - Lall); e
~<;¡\ , ~;£.""" ~4t-
C - ohn deRosenroll