HomeMy WebLinkAboutBRU 92 030 agree MacMillan
THE CORPORATION OP THE TOWNSHIP OP BRUCE
BY-LAW NO. 92-30
BEING a by-law authorizing the Township of Bruce to enter into an
agreement with Laurel Anita MacMillan as owner of Lot 35 and the
East Part of Lot 34, Concession 14, in the Township of Bruce.
WHEREAS Laurel Anita MacMillan has applied to the Township to
permit the construction of a dwelling home on the lands owned by
her.
AND WHEREAS the frontage of the said lands is on Bruce County
Highway '11.
AND WHEREAS the owner has requested
building which would access from the
the said lands being the original
Township of Saugeen and the Township
a building permit to allow a
Township road to the north of
road allowance between the
of Bruce.
AND WHEREAS the said road allowance is unmaintained by the
Township.
AND WHEREAS it is desirous to enter into an agreement with Laurel
Anita MacMillan acknowledging the state of the road and obtaining
a commitment from her not to demand services from the Township of
Bruce.
NOW THEREFORE be it enacted by the Council of the Township of Bruce
as follows:
1. That the Township of Bruce enter into an agreement with Laurel
Anita MacMillan in the form attached to this by-law.
2. That the Clerk and Reeve of the Township of Bruce are hereby
authorized to execute the said agreement and to affix the
Corporate Seal as and when required.
3. That this by-law shall come into force and be effective upon
the date it receives final passage by the Counci 1 of the
Township of Bruce.
-e
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-30
PAGE 2
By-law introduced and read a First time this EIGHTH day of
DECEMBER, 1992.
By-law read a Second time this EIGHTH day of DECEMBER, 1992.
By-law read a Third time and finally passed, signed, sealed, and
numbered 92-30 this EIGHTH day of DECEMBER, 1992.
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CLERK
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REEVE
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- - . SEAL-
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THE CORPORATION OF
BY-LAW NO. 92-30
PAGE 3
THE TOWNS:;;:~'
"
v... BRUCE
,
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LIMITED SERVICE AGREEMENT
Made this 16th day of October, 1992.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter called the "Township"
OF THE FIRST PART
- and -
LAUREL ANITA MacMILLAN
Hereinafter called the "Owner"
OF THE SECOND PART
WHEREAS the owner herein represents that she is the
registered owner of Lot 35 and the East Part of Lot 34, Concession
14, in the Township of Bruce, in the County of Bruce and
hereinafter referred to as the subject lands and more particularly
described on the schedule attached to this agreement.
AND WHEREAS the owner enjoys a roadway to the subject
lands for all purposes included amongst which are ingress and
egress, such roadway being Bruce County Road 11.
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 Township of Saugeen and the Township of
Bruce.
AND WHEREAS the aforesaid roadway is not a year round
maintained road allowance forming part of the municipal road system
of the Township and as such the development of the subject lands
would be contrary to the provisions of the building and zoning by-
law of the Township.
AND WHEREAS the Township is prepared to permit the
development of 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 unmaintained road allowance, and agreeing not to
demand municipal services from the Township because of the access
route chosen by the owner.
NOW THEREFORE this agreement witnesseth that in
consideration of the mutual covenants and agreements herein
contained and subject to the terms and conditions hereinafter set
out, the parties hereto hereby agree as follows:
1. (a)
The owner acknowledges that she has chosen to access the
land by way of an unopened and unmaintained road under
the jurisdiction of the Township, being the road
allowance to the north of the land.
(b)
The owner acknowledges that the said road has not been
assumed by the Township and is not fully maintained on a
year round basis and does not form part of the active
maintained municipal highway system for the Township.
The owner covenants and agrees that no demand will be
made upon the Township 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.
(c)
.
.
- 2 -
.
,
(d) The owner aoknowledges that she is totally responsible
for obtaining access to the lands.
(e) The owner covenants and agrees she will not make
improvements or changes to the roadway owned by the Township
without first obtaining the consent of the Township 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 she will
be responsible for the making of a private agreement for the pick
up and disposal of all garbage arising from the use, enjoyment
and any proposed development of the subject lands. Provided that
the· Township will pick up garbage if the owner delivers it to a
site approved by the Township, on an existing Township garbage
pick up route. "
4.(a) The owner-hereby agree. not to make any demands at any
time upon the Township for any municipal services of whatsoever
nature and kind exoept fire protection when weather and roadway
conditions permit the safe entry of trucks.
(b) Without in any way limiting the generality of the
expression "municiþal services" the type of services which will
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
olearance, street lighting, side walk, 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 Township to determine the future provisions of
municipal services to various parts of the Township and to
discourage haphazard development or developments which make the
provisions of municipal services difficult and costly.
(b)
building
has been
The owner further acknowledges and agrees that no
permit shall be issued to the owner until this agreement
signed by the owner.
(c) The owner aoknowledges that the completion of this
agreement shall in no way guarantee a building permit from the
Township and acknowledges that an applioation for a permit must
oomply with the Building Code Aot and all other applicaèle laws.
6. This instrument constitutes the entire agreement
between the Township and the owner. It shall not be amended,
altered or changed exoept by written agreement hereto. This
agreement may be exeouted 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 aonstitute but one
and the same agreement.
7. The owner shall pay to the Township all costs incurred
by it for the negotiation and preparation of this agreement
including legal and administrative costa.
B. The owner acknowledges that for the purpose of the
zoning by-law of the Township that the frontave of the lands
shall be considered the southerly boundary wh1ch has frontage on
Bruoe County Road ill.
9.
binding
hereto.
This agreement shall enure to the benefit of and be
upon the respective successors and assigns of the parties
10. The owner covenants and agrees to inform all potential
purohasers or other persons aoquiring the land of the existence
1.:
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,
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of this agreement and agre~s to use 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.
¡ //J11ac1Juffa4/\
) Laurel Anita MacMillan
i
SIGNED, SEALED AND DELIVERED
in the presence of I
Approved by By-law 92 - 30
passed this 8f.hday of
December ,1992
We have authority to bind
the Corporation
)
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) THE CORP~TION OF THE
) TOWNSHIY OF BRUCE
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SCHBDULE FOR DBSCRIPTION
Lot 35, and the Bast half of Lot 34, Concession 14, Township of
Bruce, County of Bruce containing by admeasurement 150 acres,
more or less, SAVE AND BXCBPT THEREFROM: (1) the southerly 66
feet thereof hereto conveyed to the Corporation of the County of
Bruce for road purposes by Instrument '12509 and shown on plan
de90sited as No. 340; and (2) Part 9, Plan 3R-1874.
,
~ Province
.~ of
. .. Ontario
293110
Number _.____--
CEHTIFiCA:"rE OF REGISTRATION
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L~nd ReQislrar
BRUCE
No :3
W.~.i.KERTON
New Property Identifiers
Addlllon8l:
See 0
Schedule
I Executions
Additional:
See
Schedule
(8) TbI8 Document provldM .1 follows:
Cert ifi ed
x.~ Copy attached
( (9) This DOCUIMI\' .....te. to Inltrumen' number(l)
(10) Party(Jet) (Set out Status or 'nterest)
Name(s)
Document General
Fonn 4 - Land Reglstl1lllon Refonn Act, 1984
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(1) Reglslty 00
(3) Prop8ft)'
I denttllllr(.)
land TIU" D T (2) Page 1 of :3 pages
Block Property
Additional:
See D
Schedule
(4) Natu... of Document
BY-LAW
(5) Conllderatlon
Dollars $
(6) Deacrlpllon
Lot 35 and the East half of Lot 34, Concession 14,
Township of Bruce, County of Bruce, containing by
admeasurement 150 acres, more or less, SAVE AND EXCEPT
THEREFROM: (1) the southerly 66 feet thereof hereto
conveyed to the Corporation of the County of Bruce
for road purposes by Instrument Number 12509 and shown
on Plan deposited as No. 340: and (2) Part 9, Plan
3R-1874.
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
! (b) Schedule for:
I Additional
o Description D Parties D Other lXI
!
Continued on Schedule
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289316
Signature(s)
Date of Signature
Y M 0
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by its solicitor, PATRICK L. KELLY 1993 Of dO
(11) Address
fMS~ c/o Box 190, Paisley, Ontario. NOG 2NO
(12) Party(...) (Set out Status or Interest)
Name(s)
Date of Signature
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(13) Ad....
fMS~
(14) Municipal Add..... of Property
R. R. #3
Paisley, Ontario
NOG 2NO
NewMIIle and Gilbert, Limited
Form LFI333 (l/85)
(15) Document Prepared by:
Patrick L. Kelly
Barrister & Solicitor
Box 190
Paisley, Ontario
NOG 2NO
I~ I Fees and Tax
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Nt.;r(:b~.,I! _____,,--.-
CeRTIFICATE OF REGISTRATION
.93 FER -9 P ":39 1
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Land Registrar
BRUCE
No~
\'VI\u<t:.RTON
New Property Identifiers
Additional:
See
SChedule
I Executlonl
Additional:
See
SChedule
(I) ThII Document provldea .. 10110_:
( (9) Th18 Document re..... 10 Inllrument number(.)
(10) Party(lel) (Set out Status or Interest)
Name(s)
Document General
Fonn 4 - Land Registration R.lonn Act, 1984
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(1) Registry !Xl
(3) Property
Identifier( I)
Land TIlles 0 T (2) Page 1 01 5 pages
Block Property
Additional:
See 0
SChedule
)
(4) Nature 01 Document
LIMITED SERVICE AGREEMENT
(5) Contl.ratlon
Dollars $
o
(6) DescrIpllon
Lot 35 and the East half of Lot 34, Concession 14,
Township of Bruce, County of Bruce, containing by
admeasurement 150 acres, more or less, SAVE AND EXCEPT
THEREFROM: (1) the southerly 66 feet thereof hereto
conveyed to the Corporation of the County of Bruce
for road purposes by Instrument Number 12509 and shown
on Plan deposited as No. 340; and (2) Part 9, Plan
3R-1874.
[J
(7) This
Document
eon"'ns:
(a) Redescription
New Easement
PlanlSketch
! (b) Schedule for:
. Additional
O! Description 0 PartieS 0 Other iii
I
289316
Continued on Schedule 0
)
Signature(s) Date of Signature
Y M 0
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(11) Addrn.
lor Service
c/o Box 190, Paisley, Ontario. NOG 2NO
(12) Party(I..) (Set out Status or Interest)
Name(s)
signature(s)
Date of Signature
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(13) Addresl
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R. R. #3, Tiverton, Ontario. NOG 2TO
Fees and Tax
(14) MunlclpeI AdclntlIlI 01 Property
R. R. #3
Paisley, Ontario
NOG 2NO
Newsome and Gilbert. limited
Form LF1333 (l/85)
(15) Document Prepared by:
Patrick L. Kelly
Barrister & Solicitor
P. o. Box 190
Paisley, Ontario
NOG 2NO
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April. 1985