HomeMy WebLinkAboutKIN 88 054 Sp - Showalter
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1988-54
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH DANIEL MARLIN SHOWALTER CONCERNING PART
BLOCK K, PLAN M-33, RP 3R-2969, PARTS 1,2,3,4,5 AND 6
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient, to enter into an,aqreement w,ith, Daniel Marlin
Soowalter concernlng tOe constructlon of a bUlldlng on Part of
Block K, Plan M-33, RP 3R-2969, Parts 1,2,3,3,4,5 and 6.
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 Daniel Marlin Showalter concerning
the construction of a building on Part Block K, Plan M-33,
RP 3R-2969, Parts 1,2,3,4,5 and 6.
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.
READ a FIRST and SECOND TIME this 4th day of August, 1988.
READ a THIRD time and FINALLY PASSED this 1st day of September,
1988.
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CERTIFICATE OF RECEIPT
'88 OCT 19 A9 :50
BRUCE AD L~
No.3 ~
WALKERTOIt........,JI': þnct
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Additional:
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Document General
Fonn 4 - Land RogIoIñdIon ReIonn Act, 1984
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(1) Reglllry 0
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Land T_ IX! (2) Page 1 of.,Af¢ pages
Block
PropefIy
Additionol:
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(4) Nature 01 Doo:un.rt
Notice of Site Plan Agreement (Subsection 40
(10) of The Planning Act, 1983.
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(8) o-tpllon Il¥<.CAbL ~/ S~ / n->~J:3
All and Singular that 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 Block K, Plan M-33 being more particularly
d.e,scribed as Parts 1 to 6i~1.1,},sive..on Referef\~
Plan 3R-2969.
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(a) Redelcripfion
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PlanlSkaIch
(b) Schedule for:
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(8) ThIo ~I pnl¥tdll1I_:
The Corporation of the town of Kincardine hereby applies for the entry
of a Notice of Site Plan Agreement in respect of the said lands.
An executed copy of the Site Plan Agreement is attached hereto as Schedule
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Schedule for description attached as Sc.hedule "A".
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Continued on Schedula 0
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ure(s) " Date of Signature
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~s.wœ 707 Queen Street, KINCARDINE, Ontario N2Z 1Z9
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Date of Slgnatu .
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· ,PAtiU:L. MARLIN. .SliQWALTEB... .. . . . .. " . .. . .
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(14) MunIcipal __ 01 Ptoporty
789 Durham Street
KINCARDINE, . Ontario
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(15) Dooumont Prepaoed by.
Ronald R. Shaw
Clerk Administrator
707 Queen Street
KINCARDINE, Ontario
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SCHEDULE "A"
DESCRIPTION CONTINUED
SUBJECT TO AN EASEMENT in favour of the Hydro-Electric Power
Commission of Ontario over parts of Block ·K", Plan M-33, Town of
Kincardine, and now designated as Parts 4, 5 and 6 on Reference
Plan 3R-2969, formerly parts of Parts 25, 24 and 23 respectively,
on Reference Plan 3R-1376, according to the terms and conditions
of said easement registered as Number l404l.
A,".DSUrBJ¡¡;CTTo..~.N<,~$~MENT in favour of the Bell Telephone
Company of Canadaoverparf of said Block "K", Plan M;"33, Town of
Kincardine, County of Bruce, designated as Part 5 on said
Reference Plan 3R-2969, formerly part of Part 24 on Reference
Plan 3R-l376, according to the terms and conditions of said
easement registered as Number 52387.
AND SUBJECT TO EASEMENTS in favour of The Corporation of the Town
of Kincardine over parts of said Block "K", Plan M-33, Town of
Kincardine, and now designated as parts I, 3, 4, 5 and 6 on said
Reference plan 3R-2969 according to the terms and conditions of
said easement registered as Number lOl69,
AND SUBJECT TO A RIGHT OF WAY over part of said Block "K", Plan
M-33,· being the said Part I on Reference Plan 3R-2969 for the
benefit of the owners from time to time of the remainder of said
Block ilK· and all of Block "B", Plan M-33, Town of Kincardine,
their employees, suppliers and customers for vehicular and
pedestr ian traf f ic over, along and upon the said right of way,
all as s~t out in Transfer Number IOl71.
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SCHEDULE ".I"
THIS AGREEMENT made in triplicate this lst day of September
1988 ,
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BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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DAftBLMAltLIN SHOWALTER
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
agreementl
AND WHEREAS the parties hereto agree that the lands affected by
this agreement are as set out in SChedule "A" attached heretol
AND WHEREAS the Town has enacted a Site plan
:Q;~rs~~t, to the I1.foyj.~e!1sof Section 40 of
S.O., 19~3, Chapter ~~š amended 1
Control Area By-law
The Pla!1ning Act,
AND WHEREAS the covenants in this agreement are binding upon the
Owner and when registered on title are binding upon all
successors in title¡
AND WHEREAS the owner in title may enter into an agreement with
the Town amending the terms of this agreement¡
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 ($l.OO) 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
!îØrt'instated i,Æil the registered owner of those lands
descr ibed 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 for himself and all successors in title 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 and shall indemnify the Town in respect of any
loss or damage to any person or property entering the
"subject lands" under the terms of this agreement,
3. 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 Off ice for the County of Bruce against the
"subject lands."
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4.
The Owner will at all times indemnify and save harmless the
Town from all loss, costs and damages which the Town may
suffer, be at or be put to, for or by reason of, or on
account of the construction, maintenance or existence of
pavements, curbs, plantings and other improvements upon the
untravelled portions of road allowances where the same are
required by this agreement to be provided by or at the
expense of the Owner and such indemnity shall constitute a
first lien and charge upon the ·subject lands·,
.
5. The Owner shall not call into question directly or
i.directly in,a.Q¥,procreqings whatsoever in law or in , equity
or before any administrative tribunal the right of the Town
to enter into this agreement and to enforce each and every
term, covenant and condition herein contained and this
agreement may be pleaded as an estoppel against the Owner in
any such proceedings,
6. 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.
7. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
8, The Owner hereby grants to the Town, its servants, agents,
and contractors a license to enter the ·subject lands" for
the purpose of inspection of the works and the ·subject
lands" or for any other purpose pursuant to the rights of
the ~own under this agreement,
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. 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·.
lO. 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.
11. 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,
.
l2, 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 prescr ibed time per iod has lapsed, the Town
has the right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands.·
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13. 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, 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
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requirements'pU'r$uärft· to this'· agreement, and all repair or ....-
maintenance shall conform with the requirements of this
agreement as it applied to the original development.
15, 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".
16. 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 usable parking spaces below the minimum
number of spaces required by the Town's zoning by-law, The
0wner agrees not to store snow on-site such that it blocks
visibility adjacent to a street or drainage facilities on-
site or whereA4YI.i.j:.,dt¡iinage facilities are not provided
or where melt water would adversely affect an abutting
property,
17. 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,
PART C - OTHER PROVISIONS
18. Definitions for terms which may be used in this agreement
shall be as follows:
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
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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.
J:N WI'J,'~~"WHE;~Qr~BE!..PMHes hereto have hereunto affixed their
corporãte seals actéste'â to' 'by the hands of their proper officers
in that behalf fully authorized,
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THE CORPORATION OF TBETOWN
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OF KINCARDINE ,..... ,:. . '
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SCHEDULE -A"
SUBJECT LANDS
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
Block K, Plan M-33 being more particularly described as Parts 1
to 6 inclusive on Preference Plan 3R-2969,
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SCHEDULE °Bo
APPROVED SITE PLAN
The napproved site pIan° shall be the plan drawn by Mahood Lumber
Homecare Building Centre as amended by red line changes, referred
to thereon as the °approved site plana as indicated by the
signature of the Clerk Administrator for the Town of Kincardine,
and on file in the Clerk Administrator's office.
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SCHEDULE "C·
SITE DEVELOPMENT REQUIREMENTS
I.
The Owner agrees that the completion date for all work
required pursuant to this agreement shall be December 3l,
1989,
2. 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"f'ha.t åny 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 dur ing 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 agree that any internal driveways which are
necessary for and designated as a fire route shall be so
designed so as to carry the weight of the Town's Fire
Fighting 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.
10, The Owner agrees that all parking areas and driveways shall
be surfaced with asphalt or cement, and all parking stalls
shall be visually identified by line painting.
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ll, The Owner agrees to obtain a building permit within twelve
(12) 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.
12. The Owner undertakes to provide, upon request of the Town's
Engineer, acting reasonably, such easements as the Town may
require for the construction, improvement or maintenance of
watercourses, ditches, land drainage works and sanitary
sewerage facilities,
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TÞe'1:9wn'¡¡;ç:.;¡'~,r.{,.,:~,q¡¡¡,iIÜA.trator.may agree in writinSt:Qminor
variàtiori'S to' þÌ'bv'rsî~ôns Of" this ag r-eement, and sú'ch m inoe
variations shall not constitute an amendment to this
agreement.
l4.
The Owner agrees that the exit from subject property to
Durham Street will be removed and converted to natural open
space in the event the Owner purchases the land to the north
and expands the development.