HomeMy WebLinkAbout09 110 Kiertucki Limited Service Agreement By-Law
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 -110
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT WITH RICHARD KIERTUCKI AND
SHELLEY KIERTUCKI
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 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 Municipality of Kincardine Zoning By-law #2003-25 requires
that a Limited Service Agreement must be entered into before development can
occur on a private road;
AND WHEREAS the Municipality of Kincardine wishes to enter into a Limited
Service Agreement prior to issuing a building permit to Richard Kiertucki and
Shelley Kiertucki, owner of Part Lots 81 and 82 King WIS, Plan 210 in the
Municipality of Kincardine (geographic Village of Tiverton);
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
That the Mayor and CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Limited Service
Agreement with Richard Kiertucki and Shelley Kiertucki, attached
hereto as Schedule "N.
2. That this by-law shall come into full force and effect upon its final
passage.
3. That this By-law may be cited as the "Kiertucki Limited Service
Agreement By-law".
ECOND TIME this 8th day of July, 2009
Mayor
VY\0Q]allu ~Of'Qon
.~ Clerk
d FINALLY PASSED this 8th day of July, 2009
c/YYCI~Q~I~Q)!) OJ)
sdledu~ 'A'to ~\1w ~o. dC01-\\D
LIMITED SERVICE AGREEMENT
This AGREEMENT made in TRIPLICATE this L day Of~, 2009.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
Richard Kiertucki
&
Shelley Kiertucki
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner
of Part lots 81 and 82 King WIS, Plan 210, Roll No. 4108260006071010000 in
the Municipality of Kincardine (geographic Village of Tiverton) and hereinafter
referred to as the subject lands.
AND WHEREAS the owner enjoys a roadway to the subject lands for all
purposes included amongst which are ingress and egress, such roadway being
Patterson Street, Municipality of Kincardine (geographic Village of Tiverton).
AND WHEREAS the owner wishes to access the building from a roadway, to the
east of the land, being the original road allowance.
AND WHEREAS the aforesaid roadway forming part of the municipal road
system of the Municipality has no maintenance 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 they have chosen to access the land by
way of a road with no maintenance under the jurisdiction of the
Municipality, being the road allowance Patterson St.
b) The owner acknowledges that the said road allowance is not maintained.
c) The owner covenants and agrees that no demand will be made upon the
Municipality for the provision of access to the lands either by way of
improved maintenance of the existing road or by way of the establishment
of another road.
"
Kiertucki LSA
Page 2 of3
d) The owner acknowledges that they are responsible for obtaining winter
maintenance on the road which provides access to the subject lands.
e) The owner covenants and agrees they will not make improvements or
changes to the roadway owned by the Municipality without first obtaining
the consent of the Municipality in writing.
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoever.
3. 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, municipal water, municipal sewer, street lighting, sidewalk, curbs,
gutters, tree planting or any other service whatsoever other than the one
mentioned above.
4. a)
The owner acknowledges that this agreement is designed to permit the
Municipality to determine the future provisions of municipal services to
various part of the Municipality and to discourage 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 agreement has been signed
by the owner.
c) The owner acknowledges that the completion of this agreement shall in no
way guarantee a building permit form 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.
5. 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.
6. 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 east
boundary which has frontage on Patterson Street.
7. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
8. The owner covenants and agrees to inform all potential purchasers or other
persons acquiring the land of the existence of this agreement and agrees to
use his/her best efforts to obtain from such persons an acknowledgment in
writing that they are aware of and bound by the terms of this agreement.
Kiertucki LSA
Page 3 00
IN WITNESS WHEREOF the parties have executed this Agreement as of the
date above first written.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNI All I RDINE
~,->=<_"'. "",.df
. CAO - John de Rosenroll
(sealed or witnessed)
Name
Date
oe~~!z.ck .
Richard Kiertucki
Name
Date
oer: , 5h1-.jQAo7C?i-<-...kt~ IS J ,
Shelley K!iertucki