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HomeMy WebLinkAboutBRU 92 028 agree Wilson THE CORPORATION OF THE TOWNSHIP OF BROCE BY-LAW NO. 92-28 . 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 -. 3. That the agreement shall be registered as required by its terms. . 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 ~ REEVE ~~ &tJ:tv~ SEAL . · ' 1. ~ 'j- This Agreement made this 12th day of November, 1992 BET WEE NI DAVID G. WILSON Hereinafter called the "OWner" - and - 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. ':;.t , ¿ - 2 - 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.. , 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. , '" .J - 3 - (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 $750.00 paid to the Township. SI'l'B PLAN 7.(a) The owner or his heirs, successors or assigns shall submit for approval to the Saugeen Valley Conservation Authority (SVCA), prior to the application for a building permit, a site plan in a form satisfactory to the SVCA showing the proposed development of the land. (b) The owner agrees that no building permit shall be issued until the owner submits to the Township a copy of the site plan, approved by the SVCA. SHORE ROAD þT.T.nwIUIIC'1!: 8. The owner agrees that the shore road allowance shown on Plan 3R-5777 is owned by and under the jurisdiction of the Township. ROAD CONSTRUCTION COSft 9. The Township agrees that the conveyance of Part 4 by the owner to the Township shall relieve the owner from any future obligation to pay for or otherwise contribute to the cost of developing a public highway over said Part 4. ~GISTRA'I'ION -- rtr.--~--~1Te VWil~~·a.~...a'CID ~d--~i:.e .L'CI':Ile1;oLai..':"v.. vi ~h:... ~"~~l&lent on the title to the lands being Parts 1, 2, 3 & 5, Plan 3R-5777. . \. BINDING 11. owner and assigns. . ... - 4 - This agreement shall enure to and be binding upon the the Township and their respective heirs, successors and SIGNED, SEALED AND DELIVERED in the presence of I ~By1f:d passed the 24 day of November ,1992 We have authority to bind the Corporation. <:"..:.'$ :$'..- f}-Ø~. ) ) ) ) ) ) THB CORPORATION OF THB ! """'/9::1' ~CB )per: ~ ~ ) , Reeve ) r<.. / I fy, )per I Id:.~'ó- ) Clerk David Wilson - Owner " .~ 'Ÿ"'r~' --~ .., --=-~-._---