HomeMy WebLinkAbout01 022 LS agree hendry/murray
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2001 - 22
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH LAURA JEAN HENDRY AND DONNA JEAN MURRAY
WHEREAS The Municipality of Kincardine wishes to enter into a Limited
Service Agreement in order to clarify the status of Vema Lane prior to issuing a
building permit to Laura Jean Hendry and Donna Jean Murray of Part Lot 29,
Concession A (Lake Range) in the Municipality of Kincardine (former Township
of Kincardine);
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Laura Jean Hendry and Donna Jean Murray, attached to
this by-law and to affix the Municipality's corporate seal as and when
required.
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 "HendrylMurray Limited Service
Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 21st day of March, 2001.
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LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this 30th day of January, 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
LAURA JEAN HENDRY AND DONNA JEAN MURRAY
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that they are the registered owner of Part Lot
29, Concession A (Lake Range) in the Municipality of Kincardine (former Township of
Kincardine) and hereinafter referred to as the subject lands and more particularly
described on Schedule "A" attached to this agreement.
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
Vema Lane.
AND WHEREAS the owner wishes to access the property from a private roadway to the
north of the land being the private road allowance between the private road of Stewart
Lane and. Spark Lane.
AND WHEREAS the aforesaid private roadway is not a year round maintained road
allowance 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 permit the severance of the subject
lands as aforesaid provided that the owner first enter into an agreement acknowledging
that there are only limited municipal services provided to the lands using the above
mentioned private road, 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 without winter maintenance under the jurisdiction of the Municipality, being
the private road allowance to the north of the land.
b) The owner acknowledges that the said road is not fully maintained on a year
round basis.
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.
d) The owner acknowledges that they are totally responsible for obtaining winter
maintenance on the road, which provides access to the lands described in
Schedule "A".
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Limited Service Agreement
Page 2 of 3
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. The owner hereby acknowledges and agrees that they will be responsible for the
making of a private agreement for 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 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 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 preparation of this agreement including legal and administrative costs.
8. The owner agrees to have this agreement registered on title at their expense and a
copy of the registered document provided to the municipality.
9. 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 private road of
Stewart Lane.
10. This agreement shall ensure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
11. 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 their best
efforts to obtain from such persons an acknowledgment in writing that they are aware
of and bound by the terms of this agreement.
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Limited Service Agreement
Page 3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor and Clerk this ).Is~ day of J-1,r<-1-. , 200 I.
b<~r_ J."" II."'1has hereunto set his hand this /,7#. day of /~rct, ,2001.
i>D~t\Q. JeO-1" Hu..r,.ð../
SIGNED, SEALED AND DELIVERED I
in the presence of I
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THE CORPORATION OF THE
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Donna Jean urray
Attached to this agreement, Schedule "A" which would be a legal description of the
property.
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
LAURA JEAN HENDRY AND DONNA JEAN MURRAY
1;
LEGAL DESCRIPTION OF THE PROPERTY:
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Part Lot. 29, Conøess.:Lon "A", or Lake Ranqe. TownshJ.p of K.1ncardine,
Count:y of Bruce, beinq designat:ed as Part: 1 on Reference pJ.an 3R-
'4899.
. 70GETHER WZTH A RXGHT-OF-WAY at aJ.J. t:imes and 1:or aJ.J. purposes
over, aJ.onq and upon a st:rip of J.and and being composed or part: of
sa:l.d Lot 29 the boundar:l.es of the sa:l.d r:l.qht:-01:-way bein9 more
part:iouJ.arJ.y desor:l.bed as foJ.J.ows:
PREMrSrNG the South J.imit: of Lot: 29 to have a bearing of'South 61
deqrees 45 minutes 20 seconds East: and reJ.at:;ln9 &J.1 bear:l.ngs here:l.n
t:heret:o,
COHMENCrNG at: a po:l.nt in the WesterJ.y J.imit of a traveJ.1ed road
through part of said Lot 29 at a distance 01: 120_48 feet measured
North 24 déqrees 4 minutes East aJ.on9 the WesterJ.y J.imit: of said
road from its intersection with the SoutherJ.Y J.imit of said J.ot
wh;lch said point: of intersection is distant 1681.30 ~eet measured
South 61 deqrees 45 m:l.nut:es 20 seconds East: aJ.onq the said
Souther1y J.:l.m:l.t: from the Southwest an9J.e of said 1ot,
THENCE Nort:h 61 deqrees 45 minutes 20 seconds West and paraJ.J.eJ. to
t:he southerJ.y J.imit of said J.ot: a distance of 947.65 feet t:o a
point,
THENCE North 4S degrees 05 minutes East a distance of 369 feet to
a point,
THl!:NCE Nort:h 61 deqrees 45 minutes 20 seconcls West a distance of
. 478.75 feet: to a point,
THENCE North 45 degr..es 05 mi.nutes East a distanc.. of 77.14 feet;
THENCE North 61 d..gr....s 45 minutes 20 seconcis West a distance of
209.75 feet: to a po:i.nt;
THENCE North 45 de9rees, 05 minut..s East a distanc.. of 35 f..et:,
THENCE South 61 degrees 45 minute. 20 seconds East a d:l.stance of
278.75 feet,
THENCE South 45 degrees 05 minutes West a distance of 75 feet,
THENCE South 61 degre..s 45 minutes 20 seconds East a distance of
478.75 feet to a point,
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THENCE South 45 deqrees 05 minutes West a distance of 337.14 feet
to a point;
THENCE south 61 degrees 45 minutes 20 seconds East a dist:ance of
853.85 feet: t:o a point in the West:erJ.y J.imit of said traveJ.J.ed
road;
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THENCE Sout:h 24 degrees 4 minutes West and aJ.onq said WesterJ.y
.1;lmit: of said traveJ.J.ed road a d:l.stance of 66.18 feet more or J.ess
·t:o the point: of coøunencenoent of the ri9ht-of-way herein described.
¡As described ;In rnst:rument number 266657.