HomeMy WebLinkAboutKIN 88 027 Sp - St. Anthony's
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1988-27
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH BRUCE-GREY COUNTY ROMAN CATHOLIC
SEPARATE SCHOOL BOARD CONCERNING PART OF PARK LOT 2,
NORTH SIDE OF WELLINGTON
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a site plan agreement with the
Bruce-Grey County Roman Catholic separate School Board concerning
the construct ion of an extension to their building on Part of
Park Lot 2, north side of Wellington;
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 Corporat ion of the Town of Kincard ine, the
attached agreement with the Bruce-Grey Roman Catholic
Separate School Board concerning the construction of an
extension to their building on part of Park Lot 2, north
side of wellington.
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 7th day of April, 1988.
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READ a THIRD time and FINALLY PASSED this
1988.
7th da~ of April,
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THIS AGREEMENT made in triplicate this ~Ist day of April, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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BRUCE-GREY COUNTY ROMAN CATHOLIC SEPARATE
SCHOOL BOARD
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 ¡-IHEREAS the covenants in th is ag reement are bind ing 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 cons iderat ion of
the approval of the plans for the development on subject parcel
of land by the Town and the sum of ONE ($l. 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 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 Office 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
suf fer, 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".
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5. The Owner shall not call into question directly or
indirectly in any proceedings 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 ~ot 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 Town under this agreement.
PART B - SI'rE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner ag rees 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".
10. The Owner agrees to provide, install or otherwise abide by,
at his sole expense, the site development requirements as
detailed in Schedule "e" attached hereto.
11. a)
Upon complet ion 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.
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12. 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 ~ntil such work
necessary to complete the development is done, and that
until such certificate of compliance has been issued, in the
even t that the prescribed time pe r 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.
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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
"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.
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 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.
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.
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iii) "Parking Area" shall mean the areas of open space other
than a street to be used for the parking of motor
veh ic les 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
veh ic les includ ing manoeuve ring a is les and othe r 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
Ma intenance and Occupancy (prope rty Standa rd s) 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.
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THE CORPORATION W" 'J'liE.TOWN
OF KINCARDINE .<,/_-:>-----.._.
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BRUCE-GREY COUNTY ~OMAft···...._
CATHOLIC SEPARAT~~SCH00L-BQ~P
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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 Park part
Lot 2.
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seHEDULE "B"
APPROVED SITE PLAN
The "approved site plan" shall be the plan drawn by Snider,
Reichard and March, Architects referred to thereon as the
"approved site plan" 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 REQUIREMEN~S
1.
The Owner agrees that the completion date for all work
required pursuant to this agreement shall be December 31,
1988.
2. The Owner ag rees to prepare a grad ing and a d ra inage plan
acceptable to the Town's Eng ineer and all sur face 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 w indor water, and the Owne r ag rees to ab ide 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
designed so as to carry the weight of the Town's Fire
Pighting 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 ag rees to appropriately and properly finish all
lands lying betvleen 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 ly ing between the street 1 ine 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 I s Eng ineer.
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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11. 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.
12. The Town's clerk-administrator may agree in writing to minor
variations to provisions of this agreement, and such minor
variations shall not constitute an amendment to this
agreement.
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....1iofo<I AFf'JDAVlT AS TO AGE AND MARITAL STATUS
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a...ldentof
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,,\1IK VERNE ROLSTON LANGRILL-SIMPSON
of~Town of Kincardine,
make oath and Dr:
in the County of Bruce,
executed the attached instrwnent.,
When
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I am not a non-resident as defined by the Income Tax Act of Canada
SC 1970-1971, Chapter 63.
I do not retain the fee, equity of redemption or any power of'appoint-
~nt With respect to. anv lann abutting the lands herein conveyed.
]fllta was at IeUí. _..bu. 7'!an õId.
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UNITm 51'.II."nOOfUY CCl. UMITCD. ~G.IIIO "ORM DP'T.
_ PfIOOUCTI_ 1MttYE. IICMBOIIIOU.M
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made (in dupJicate) the
FIFTEENTH
day of September
one thousand nine hundred and seventy-five.
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VERNE ROLSTON LANGIULt-SIMPSOÑ. of the Town
of Kincardine, J..n the County of Bruce and
Province of Ontario, Retired,
Hereinafter called the Grantor of the
FIRST PART
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THE BRUCE-GREY COUNTY ROMAN CATHOLIC
SEPARATE SCHOOL BOARD1 1ncorporated
under the laws of Ontario,
Hereinafter called the Grantee of the
SECOND PART
Wlítntsøttb
that in consideration of other good and valuable
consideration and the sum of-----------------TWO------------
----- ($2.00) ------------- Dollars of lawful money of Canada, now paid
by the said Grantee to the said Grantor , the receipt whereof is hereby
by him acknowledged,
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the said Grantor ¡h:th <5,.ut
unto said Grantee
in fee simple.
AU alÙl &ingø1u that
certain parcel or tract of land and premises
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situate, lying and being in the Town of Kincardine, in the County
of Bruce, and Province of Ontario, being composed of Part of
Park Lot 2 on the West side of the Goderich and Saugeen Road
and North of Russell Street which said parcel or tract of land
i$ more particularly described as follows:
COMMENCING at the Northwest angle of said Park Lot 2:
THENCE Southerly along the Westerly limit of said Lot a distance
of 663.30 feet to a point on the Northerly limit of Russell
Street;
THENCE Easterly along the Northerly limit of Russell Street a
distance of 392.70 feet to a point;
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THENCE Northerly and parallel to the Easterly limit of said
Lot 663.30 feet more or less to a point on the Nor~~erly
limit of said lot:
THENCE Westerly along the Northerly limit of said lot a
distance of 392.70 feet more or less to the point of commenCe-
ment, which said portion of said Lot 2 is shewn on a regis-
tered map or plan of the said Town of Kincardine prepared by
Latham B. Hamlin, Provincial Land Surveyor, and registered
in the Land Registry Office for the Registry Division of
Bruce.
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