HomeMy WebLinkAbout01 075 LS pepe LtD con 14 wd 3
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TIlE CORPORATION OF TIlE MUNICIPALTIY OF KINCARDINE
BY-LAW
NO. 2001 - 75
A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE
AGREEMENT WITH MICHA.EL PAUL PEPE AND LOUISE MONICA PEPE
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Bruce Saugeen Boundary Road prior
to issuing a building permit to Michael Paul Pepe and Louise Monica Pepe of Lot
D, Concession 14 in the Municipality of Kincardine (former Township of Bruce);
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 Michael Paul Pepe and Louise Monica Pepe, 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 ·Pepe Limited Service Agreement
By-law" .
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 20th day of June, 2001.
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LIMITED SERVICE AGREEMENT
. ¡ This AGREEMENT made in QUADRUPLICATE this20day of June, 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
MICHAEL PAUL PEPE
And
LOUISE MONICA PEPE
Hereinafter called the "Owner"
of the Second Part.
.
WHEREAS the owner herein represents that they are the registered owners of
Lot D, Concession 14 in the Municipality of Kincardine (former Township of
Bruce) 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 arè ingress and egress, such roadway being
Bruce Saugeel'l Boundary Road, Municipality of Kincardine (former Township of
Bruce).
AND WHEREAS the owner wishes to access the building from a roadway to the
north of the land being the original road allowance between the Municipality of
Kincardine (former Twp. of Bruce) and Saugeen Shores (formerly Saugeen
Twp.).
.
AND WHEREAS the aforesaid 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 issue a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are only limited 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 AGRI;EMENT WITNESSETH THAT in consideration
of the mutual covenants and agr~ements 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 road allowance Bruce Saugeen Boundary Road.
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.
Limited Service Agreement
Page 2 of3
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d) The owner acknowledges that they are totally 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. 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.
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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:
Fireyrotection 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.
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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.
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7. 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 north
boundary which has frontage on Bruce Saugeen Boundary Road.
8. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
9. 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 hislher 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 2. Ö day of June, 2001.
f'f,µ<: P fep-e.- has hereunto set his hand this ..2Qday of June, 2001.
¿ou.¡'se. p. rep-e...
SIGNED, SEALED AND DELIVERED
in the presence of
led or witnessed)
PORA TION OF THE
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Michael Paul Pepe
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Louise Monica Pepe '---1
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Limited Service Agreement
Page 4 of3
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SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND·
MICHAEL PAUL PEPE
LOUISE MONICA PEPE
LEGAL DESCRIPTION OF THE PROPERTY:
Conc 14 Lot D Municipality of Kincardine
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