HomeMy WebLinkAboutBRU 92 028 agree Wilson
THE CORPORATION OF THE TOWNSHIP OF BROCE
BY-LAW NO. 92-28
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BEING A BY-LAW authorizing the Township of Bruce to enter into an
agreement with David Wilson for the development of Part of Lots 62
and 63, Lake Range, Township of Bruce, County of Bruce.
WHEREAS David Wilson is the owner of Part Lots 62 and 63, Lake
Range, Bruce Township described as Parts 1, 2, 3, 4 and 5 on
Reference plan 3R-5777.
AND WHEREAS David Wilson has received the consent of the Bruce
County Land Division Conmittee to sever the land into separate
lots.
AND WHEREAS the approval of the said Committee was conditional on
David Wilson entering into an agreement with the Township of Bruce
regarding the orderly development of the land.
AND WHEREAS pursuant to the Registry Act, R.S.O. 1990, Chapter P.
13, S. 51, a municipality may enter into an agreement with the
owner of the land controlling the subdivision of such land and such
agreement may be registered on the title to the land.
AND WHEREAS in the interests of the orderly development of land
within the Township of Bruce it is desirous that such an agreement
be entered into with David Wilson.
NOW THEREFORE be it enacted by the Council of the Township of Bruce
as follows:
1. The Township of Bruce is authorized to enter into an agreement
with David Wilson in the form attached to this by-law.
2.
That the Reeve and Clerk of the Township are authorized to
execute the agreement and affix the Township seal as and when
required, provided that the Township shall not sign the
agreement until after it has been signed by David Wilson; and
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3. That the agreement shall be registered as required by its
terms.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-28
PAGE 2
4. That this by-law shall become effective on the date it is
finally passed.
By-law introduced and read a First time this TWENTY-FOURTH day of
NOVEMBER, 1992.
By-law read a Second time this TWENTY-FOURTH day of NOVEMBER, 1992.
By-law read a Third time and finally passed, signed, sealed, and
numbered 92-28 this TWENTY-FOURTH day of NOVEMBER, 1992.
CLERK
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REEVE
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SEAL
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This Agreement made this 12th day of November, 1992
BET WEE NI
DAVID G. WILSON
Hereinafter called the "OWner"
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter called the "Township"
WHEREAS the owner owns the lands in the Township of
Bruce legally described as Part of Lot 62 and 63, Lake Range,
Township of Bruce more particularly described as Parts 1, 2, 3, 4
& 5, Plan 3R-5777 hereinafter called the lands. .,
AND WHEREAS the Land Division Committee for the
Corporation of the County of Bruce by decisions dated June 3,
1992 under applications numbered B-28-29.26 and B-29~92.26
granted consent to the conveyance of two severed lots from the
lands subject to conditions.
AND WHEREAS one of the conditions requires the owner to
enter into a development agreement with the Township regarding
the development of the lands.
AND WHEREAS this agreement is made in satisfaction of
the aforesaid conditions and, as such, is enforceable against the
owner, and any and all subsequent owners of the lands and may be
registered against the title of the lands under subsection 51(6)
of the Planning Act, R.S.O. 1990, Chapter P.13.
NOW THEREFORE in consideration of the benefits of the
covenants and agreements herein contained the parties covenant
and agree as follows I
LOT LEVY
1.(a) The owner shall pay to the Township as required by
Bruce Township By-law 92-17, a lot levy of $500.00 for each new
lot created by severance application B-28-92.26 and B-29-92.26
being the sum of $1,500.00 in total.
(b) The said amount shall be paid in advance prior to the
confirmation by the Township of the completion of all conditions
imposed by the Land Division Committee, unless otherwise agreed
by the parties.
TOWNSHIP COSTS
2.(a) The owners shall be responsible for all legal and
survey costs required to satisfy the conditions of the Land
Division Committee including but not limited to the legal costs
incµrred by the Township for the negotiation, preparation and
:complianoe with this ag.l.,",lIRIut:.. ~,-
(b) The cost of the Township shall be paid in advance prior
to the confirmation by the Township of the completion of all
conditions imposed by the Land Division Committee, unless
otherwise agreed by the parties.
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JrUTUKE ROAD ALLOWANCE
3.(a) The owners shall at the time this agreement is
executed, execute and deliver to the Township, deeds in fee
simple for the part of the land described as Part 4 on Plan 3R-
5777.
(b) The owners agrees that the title to said Part 4, Plan
3R-5777 shall be free and clear of all encumbrances and
acknowledges that the obligation of the Township to compiete this
agreement is conditional on the state of the title to Part 4
being acceptable to the Township.
(c) The owner acknowledges that the acceptance and
registration of a dee~ for Part 4 by the Township shall in no way
be construed as a dedication of Part 4 as a public highway by the
Township or of any obligation by the Township to construct a
public highway at Part 4 within any specific time period.
(d) The owner further acknowledges the right of the
Township to use the said lands for other municipal purposes or to
dispose of them as may be determined in the best inte~ests of the
council of the Township of Bruce from time to time.
(e) The Township covenants and agrees that in the event,
said Part 4, Plan 3R-5777 is not required as a public highway, it
shall be conveyed to the person who is the registered owner of
the adjoining Part 5, Plan 3R-5777, at the time such decision· is
made by the Township.
(f) The Township further covenants and agrees that if a
public highway is constructed on said Part 4, Plan 3R-5777, it
will be constructed so that the travelled portion of the road
will be to an elevation which is above the 100 year flood
elevation which is 177.6 M G.S.C..
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EXISTING RIGHT OF WAY
4.(a) The owner agrees that the existing road way used as
public access over and along Part 5, Plan 3R-5777 shall continue
to be available as a right of way for access to the public over
said Part 5.
(b) The owner shall allow the use of the said right of way
to continue uninterrupted and unopposed until such time as there
is a new municipal highway constructed by the Township on Part 4,
Plan 3R-5777 and until a by-law accepting and dedicating Part 4
as a public highway has been passed by the Township and
registered at the Registry Office.
LIMI'l'BD SERVICES
5.(a) The owner acknowledges that the only means of access to
the lands is by way of an unopened and unmaintained road under
the jurisdiction of the Township.
(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.
- -(.df- -_ ...he _mm~n::.~"~e.nftn1:~ aflc:LA~ej!s.-.tbat..JLQ-d!!m~tmL 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.
(d) The owner acknowledges that he is totally responsible
for obtaining access to the lands.
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(e) The owner covenants and agrees he will not make
improvements or changes to the roadway owned by the Township
without first obtaining the consent of the Township in writing.
(f) (i) In addition to road services the owner acknowledges
that the lands do not receive any other direct municipal services
and the owner agrees that he will not at any time demand services
of any nature or kind from the Township. .
(ii) Without in any way limiting the generality of the
expression "municipal services· the type of services which will
not be demanded shall includel Fire protection, when weather and
roadway conditions do not permit the safe entry of fire fighting
vehicles, garbage collection, drainage works, road maintenance,
snow clearance, street lighting, side walk curbs; gutters, tree
planting or any other service.
ENTRANCE WAYS
6.(a) The owner or his heirs, successors or assigos shall not
construct an entrance way to the lands without first having its
location approved by the Township Road Superintendent and paying
the sum of $750.00 as hereinafter agreed.
(b) The owner shall pay to the Township the sum of $750.00
for each entrance way approved for construction to the land. The
said sum to be paid at the time the roadway is constructed or
when a building permit is applied for.
(c) The owner agrees that no building permit shall be
issued for the land until an entrance way has been approved and
the sum of $750.00 paid to the Township.
SI'l'B PLAN
7.(a) The owner or his heirs, successors or assigns shall
submit for approval to the Saugeen Valley Conservation Authority
(SVCA), prior to the application for a building permit, a site
plan in a form satisfactory to the SVCA showing the proposed
development of the land.
(b) The owner agrees that no building permit shall be
issued until the owner submits to the Township a copy of the site
plan, approved by the SVCA.
SHORE ROAD þT.T.nwIUIIC'1!:
8. The owner agrees that the shore road allowance shown on
Plan 3R-5777 is owned by and under the jurisdiction of the
Township.
ROAD CONSTRUCTION COSft
9. The Township agrees that the conveyance of Part 4 by
the owner to the Township shall relieve the owner from any future
obligation to pay for or otherwise contribute to the cost of
developing a public highway over said Part 4.
~GISTRA'I'ION
-- rtr.--~--~1Te VWil~~·a.~...a'CID ~d--~i:.e .L'CI':Ile1;oLai..':"v.. vi ~h:... ~"~~l&lent
on the title to the lands being Parts 1, 2, 3 & 5, Plan 3R-5777.
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BINDING
11.
owner and
assigns.
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This agreement shall enure to and be binding upon the
the Township and their respective heirs, successors and
SIGNED, SEALED AND DELIVERED
in the presence of I
~By1f:d
passed the 24 day of
November ,1992
We have authority to bind
the Corporation.
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) THB CORPORATION OF THB
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)per: ~ ~
) , Reeve
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)per I Id:.~'ó-
) Clerk
David Wilson - Owner
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