HomeMy WebLinkAbout09 068 Otterman Interim Development Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 068
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
AN INTERIM DEVELOPMENT AGREEMENT WITH
STEVEN DOUGLAS OTTERMAN AND SUSAN BERTHA OTTERMAN
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Land Division Committee for the Corporation of the County
of Bruce has approved conditional severances of the lands in the Municipality of
Kincardine being Part of Park Lot 1, North side of John Street, Townplot of
Inverhuron being Parts 1 and 2 on Reference Plan 3R8886 (the "Severed
Lands");
AND WHEREAS the retained lands (the "Retained Lands") will be legally
described as Park Lot 1, North side of John Street, Townplot of Inverhuron Save
and Except Parts 1 and 2 on Reference Plan 3R8886;
AND WHEREAS one of the municipal conditions of the severance was that the
Applicants enter into a development agreement for the Retained Lands to include
various provisions;
AND WHEREAS the registered owners of the Retained Lands are the
Applicants;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
interim agreement with Steven Douglas Otterman and Susan Bertha
Otterman for Park Lot 1, North side of John Street, Townplot of Inverhuron
Save and Except Parts 1 and 2 on Reference Plan 3R8886, Municipality
of Kincardine (geographic Township of Bruce), County of Bruce.
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Otterman Interim Development Agreement By-law
By-law No. 2009 - 068
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement attached hereto as
Schedule 'A' and forming part of the By-law.
3. This By-law may be cited as the "Otterman Interim Development Agreement
By-law".
READ a FIRST and SECOND TIME this 13th day of May, 2009
~ iY'o-e-Q~
Clerk
READ a THIRD TIME and FINALLY PASSED this 13th day of May, 2009
~ i"l\o<-Q""foO
Clerk
ACKNOWLEDGEMENT AND DIRECTION
TO:
SCOTT MARSHALL
(Insert lawye(s name)
AND TO:
SCOTT MARSHALL PROFESSIONAL CORPORATION,
(Insert firm name)
RE:
INTERIM DEVELOPMENT AGREEMENT FOR, RErAINED VACJ>Mr LOr
(Insert brief description of transaction)
('the transaction'')
This will confirm that:
. lNIIe have reviewed the information set out this Acknowledgement and Direction and in the documents described below
(the "Documentsj, and that this information is accurate; , ' '
. You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my/our behalf
the Documents in the form attached,
. You ched
hereto being a copy of the version of the Document Registration A on e websRe of the Law
Society of Upper Canada en of Purchase and sale h~rein. I/We hereby acknowledge the said
~' ,
. The effect of the Documents has been fully explained to me/us, and l/we understand that l!we are parties to and bound by
the terms and provisions of the Documents to the same extent as If l!we had signed them; and
. l/we are in fact the parties named in the Documents and l!we have not misrepresented our identities to you.
(Transferor/Chargor), and hereby consent
owIedgment and Direction. I authorize
DESCRiPTION OF ELECTRONiC DOCUMENTS
The Document(s) described in the Acknowledgement and Direction are the dOCl!ment(s) selected below which are
attached hereto as "Document in Preparation" and are:
D A Transfer of the land described above.
D A Charge of the land described above.
13 Other documents set out in Schedule "6" attached hereto.
Dated at
Kincardine
,this
1 {., -Ih
Notice of Interim Developnent Agreement
(Retained Vacant Lot)
day of Mav , 20)9 .
WITNESS
(As to all signatures, if required)
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
~,
Larry Kr em , Mayor
~ '--- ).~:<.. .. . .. "fi
John de'RosenroU, C.A.O.
We have the authority to bind the Corporation
.' '.",.
LRO # 3 Notice
In. prep~ration on 200904 27
yyyy mm dd
at 16:15
Page 1 of1
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
Address
33286 . 0149 L T
PARKL T 1 N/S JOHN ST PL INVERHURON EXCEPT PTS 1 & 2 3R8886j KINCARDINE
WEBSTER ST
INVERHURON
PI Redescription
I Consideration
Consideration $ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
Address for Service 1475 Concession 5
R.R. 5
Kincardine ON N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Larry Kraemer, Mayor and John de Rosenroll, Chief Administrative
Officer.
I Statements
This notice is for an indeterminate period
Schedule:
I File Number
Applicant Client File Number:
09594
'~ms INTERlM DEVELOPMENT AGREEMENT MADE as of the ffdaY of April, 2009,
BETWEEN:
STEVEN DOUGLAS OTTERMAN and SUSAN
BERTHA OTTERMAN,
(the "Applicants")
OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
(the "Municipality")
OF THE SECOND PART
WHEREAS the Land Division Committee forthe Corporation of the County of Bruce has approved
conditional severances of the lands in the Municipality of Kincardine being Part of Park Lot I, North
side of John Street, Townplot of Inverhuron being Parts 1 and 2 on Reference Plan 3R8886 (the
"Severed Lands");
AND WHEREAS the retained lands (the "Retained Lands") will be legally described as Park Lot
1, North side of John Street, Townplot ofInverhuron Save and Except Parts 1 and 2 on Reference
Plan 3R8886;
AND WHEREAS one of the municipal conditions of the severance was that the Applicants enter
into a development agreement for the Retained Lands to include vanous provisions;
AND WHEREAS the registered owners of the Retained Lands are the Applicants.
IN consideration of the granting of the severance and to comply with the severance conditions, the
Applicants hereby agree and undertake as follows:
1. To enter into a further and more detailed development agreement with the
Municipality prior to development of the Retained Lands herein.
2. The ApplicantS agree and undertake to register this Interim Development Agreement
immediately after registration of the deeds for the Severed Lands and to deliver a
copy of the registered deeds and this agreement as registered to the Municipality.
3. This Interim Development Agreement shall be binding on the Applicants, their heirs,
administrators and assigns.
SIGNED, SEALED and DELIVERED
in the presence of
/~
~~
~ /~ ;:;?~//~
) Steven Douglas Otterman
)
~ ~8~CO~
) Susan Bertha Otterman
)
)
) The Corporation of the Municipality of
) Kincar . e
)
)
) Larry r, Mayor
~ ~~r' L ~:2.c-n RI'AydJ-
) John deRosenroll, Chief Administrative
) Officer
We have authority to bind the Corporation
ACKNOWLEDGEMENT AND DIRECTION
TO:
SCOTT MARSHALL
(Insert lawye~s name)
AND TO:
SCOTT MARSHALL PROFESSIONAL CORPORATION
(Insert firm name)
RE:
INTERIM DEVELOPMENT AGREEMENT FOR PART 1 3R8886
(Insert brief description of transaction)
Cthe transaction")
This will confirm that:
. I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below
(the "Documents"), and that this information is accurate;
. You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my/our behaif
the Documents in the form attached.
.~ ~
hereto being a copy of the version of the Document Registration , ears on the website of the Law
Society of Upper Canada as ment of Purchase and sale herein. I/We hereby acknowledge the said
Agree .
. The effect of the Documents has been fully explained to me/us, and l/we understand that l/we are parties to and bound by
the terms and provisions of the Documents to the same extent as if l/we had signed them; and
. l/we are in fact the parties named in the Documents and l/we have not misrepresented our identities to you.
. , '
(Transferor/Chargor), and hereby consent to the r
an Irection. I authorize
d.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are
attached hereto as "Document in Preparation" and are;
o A Transfer of the land described above.
o A Charge ofthe land described above.
lli Other documents set out in Schedule "8" attached hereto.
Dated at
Kincardine
, this
,
,.
):
\6-1h
Notice of Interim Developnent Agreement
(Severed Vacant Lot)
day of Mny 2CQ;L.
WITNESS
(As to all signatures, if required)
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
L.--'
r
Larry Kr e r, Mayor
~~ \ ~"~vcP-.-Jt
John de Rosenroll, C.A.O.
We have the authority to bind the Corporation
.
LRO # 3 -Notice
.In preparation on 20090427
yyyy mm dd
at 16:13
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
Address
Page 1 of 1
33286 - 0149 L T
f7I Redescription
PT PARKLT 1 N/S JOHN ST PL INVERHURON; PT 1 3R8886; KINCARDINE
WEBSTER ST
INVERHURON
I Consideration
Consideration $ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
Address for Service 1475 Concession 5
R.R.5
Kincardine ON N2Z 2X6
This document is not authorized under Power of Attomey by this party.
This document is being authorized by a municipal corporation Larry Kraemer, Mayor and John de Rosenroll, Chief Administrative
Officer.
I Statements
This notice is for an indeterminate period
Schedule:
I File Number
Applicant Client File Number:
09594
~
, THIS INTERIM DEVELOPMENT AGREEMENT MADE as ofthe.)gJlday of April, 2009,
BETWEEN:
STEVEN DOUGLAS OTTERMAN and SUSAN
BERTHA OTTERMAN,
(the "Applicants")
OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
(the "Municipality")
OF THE SECOND PART
WHEREAS the Land Division Committee for the Corporation of the County of Bruce has approved
a conditional severance of the lands in the Municipality of Kincardine being Part of Park Lot 1,
North of John Street, Townplot of Inverhuron being Part 1 on Reference Plan 3R-8886;
AND WHEREAS one of the municipal conditions of the severance was that the Applicants enter
into a development agreement to include various provisions;
AND WHEREAS the grantees of the severed lands will be the Applicants,
IN consideration of the granting of the severance and to comply with the severance conditions, the
Applicants hereby agree and undertake as follows:
1. To enter into a further and more detailed development agreement with the
Municipality prior to development of the severed parcel herein.
2. The Applicants agree and undertake to register this Interim Development Agreement
immediately afterregistration of the deed for the severed parcel and to deliver a copy
of the registered deed and this agreement as registered to the Municipality.
3. This Interim Development Agreement shall be binding on the Applicants, their heirs,
administrators and assigns.
SIGNED, SEALED and DELIVERED
in the presence of
h7..~
/~~
) /.
) l%u 4~.-~
) .
) Steven DouglaS Otterman
)
~ c/uAAV ~~ $~
) Susan Bertha Otterman
)
) The Corporation of the Municipality of
) Kincardin
)
)
) Larry Krae
) ~ //J
) n"r~. '- _L ?..- . ^"-v/
) John deRosenroll, Chief Administrative
) Officer
)
) We have authority to bind the Corporation