HomeMy WebLinkAbout03 052 lsa dundas
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THE CORPORATION OF THE MUNICIPALITY OF KINC+INE
KBT
BY-LAW
NO. 2003 - 52
A BY-LAW TO AUTHORIZE THE SIGNING O~
A LIMITED SERVICE AGREEMENT ¡
WITH ROSS DUNDAS ¡
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WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respec ing matters and
imposing conditions as a requirement for obtaining a permit;
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;
AND WHEREAS The Municipality of Kincardine wishes to en er into a Limited
Service Agreement in order to clarify the status of Dalton Stree prior to issuing a
building permit to Ross Dundas of Lot 32 Plan 770, municip lIy known as 65
Sprucedale Drive in the Municipality of Kincardine (former Tow ship of Bruce);
NOW THEREFORE the Council for The Corporation of t Municipality of
Kincardine ENACTS as follows:
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That the Mayor and CAO be authorized to sign, ~n behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Ross Dundas, attached to this by-Ia and to affix the
Municipality's corporate seal as and when required.
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That this by-law shall come into full force and effect upo~ its tinal passage.
That this By-law may be cited as the "Dundas Limited ervice Agreement
By-law" .
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READ a FIRST, SECOND, and a THIRD time and DEEMED¡ TO BE PASSED
this 16th day of April, 2003. I .
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LIMITED SERVICE AGREEMENT
. This AGREEMENT made in QUADRUPLICATE this J~+¡'day of 4"'/ .2003.
BETWEEN:
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
ROSS DUNDAS
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner
of 65 Sprucedale Drive, Lot 32 Plan 770, in the Municipality of Kincardine (former
Township of Bruce) and hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a road allowance to the subject lands for all
purposes included amongst which are ingress and egress, such roadway being
Dalton Street, Municipality of Kincardine (former Township of Bruce).
AND WHEREAS the owner wishes to access the building from a road allowance
known as Dalton Street, to the east of the land being the original road allowance.
AND WHEREAS the aforesaid road allowance 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 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 he has chosen to access the land by way of
a road allowance with no maintenance under the jurisdiction of the
Municipality, being the road allowance Dalton Street.
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 allowance or by way of the
establishment of another road.
d) The owner acknowledges that he is totally responsible for obtaining winter
maintenance on the road allowance which provides access to the subject
lands.
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Dundas Agreement
Page 2 of3
e) The owner covenants and agrees he will not make improvements or
changes to the road allowance 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 he 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 tire 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 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 Dalton Street.
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 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.
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Dundas Agreement
Page 3 of3
IN WITNESS WHEREOF the MuniCiPa~i s hereto affixed its corporate seal
attested by the hands of its Mayor and his /& <¡h day of~, 2003.
Rô'> lJ.....d d S has hereunto set his and this (~ay of Mar'èfí~2bo3.
SIGNED, SEALED AND DELIVERED
in the presence of
(sealed or witnessed)
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EMER
Der: .~ c.:l--òR.........., t-AJ.J
CleFlI R9&'l.lIN[ GR1t.IIAM
CAD - JOHN DEROSElIIIOLL
Der: ~¿{)(J~
ROSS DUNDAS