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HomeMy WebLinkAboutBRU 92 007 agree frederick wals · -. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 92-7 BEING A BY-LAW to enter into an agreement with Mr. Frederick Walsh regarding the layout of four lots to be severed as Part of Lot 45, Lake Range, Bruce Township, to create limited building envelopes for development and to enter into a subdivision agreement. WHEREAS an agreement has been drawn up to meet the conditions of severance of the Land Division Committee for The Corporation of the County of Bruce for decisions dated May 17th, 1990 under Applications Numbered B-55/90, B-56/90, B-57/90 and B-58/90. THEREFORE the Municipal Council of The Corporation of the Township of Bruce enacts as follows: 1. That the Township Reeve and the Township Clerk-Treasurer be authorized to sign this agreement wi th Mr. Frederick Walsh for the above mentioned land development and subdivision agreement; and 2. That it is agreed that Paragraph Numbered 7(iv) agreement be deleted and initialled by all parties. been agreed that mutual driveways are not a preferred o of the It has option. By-law introduced and read a First time this TENTH day of NOVEMBER, 1992. By-law read a Second time this TENTH day of NOVEMBER, 1992. By-law read a Third time and finally passed, signed, sealed, and numbered 92-7 this TENTH day of NOVEMBER, 1992. /Jt¡~ CLERK REEVE -SEAI, -- - .. ~ .,þ . ,. J THIS AGREBMBNT made the day of , 1991. BETWBEN: MR. FREDERICK WALSH hereinafter called the "owner", AND THB CORPORATION OF THE '1'OIftISHIP OF BRUCB " hereinafter callad the kTovnship". WHBRBAs the owner owns the lands in the 'toftlship of Bruce legally described as Part of Lot 45. Lake Ranq~. and more partioularly desoribed as Parts 1, 2, 3 and 4, on Plan 3R-5778 ("the Lands WHBREAS the Land Division Committee for the corporation of the county of Bruce by deoision dated May 17, 1990 under Applioations HUllbered' 8-:-55/90, 8-56/90, 8-57/90 and 8-58(" ! qral'ted consent to the oonveyanoe of four severed lots from the Lands subjeot to oonditions, and the conditions of the qrantinq of said consent have been varied by agreement of the parties at a hearinq of the ontario Munioipal Board, WHEREAS as a result of the said agreement, the Owner aqreed to change the layout of the four lots to be severed, to oreate limited buildinq envelopes for development, and to enter into a sUbdivision agreement, / WHEREAS this agreement is made in satisfaction of the aforesaid conditions and, as such, is enforceable against the OWner an!i sUbjeot to the provisions of the Registry Aot and Land Titles "Aot, any and all subsequent owners of the lands ("the ownerri) under sUbseotions 50(6) and 52(2) of the Planning Act, 19.3. as amended. and THBREFORE, in consideration of the entry into this agreement of the benefits of the covenants and agreements herein contained, the parties oovenant and agree as follows: ------- , '- '" . .. ;/ .' - 2 - 1. The Owner and the Township acknowledge that the Lands have been identified by the ontario Ministry of Natural Resources as containing an area of natural and scientific interest ("ANSI"). 2. The four severed lots on the Lands will be in the configuration and dimensions shown on Schedule "A" attached hereto, as finally determined by the owner's surveyor. Minor lot line alteratións to respect topographical conditions will be permitted. 3. (a) No development whatsoever shall occur on the Lands, except that development shall be permitted on the four severed lots within the building envelopes of approximately 75 feet X 150 feet which are shown as the hatched areas on Schedule "A" hereto, as finally determined by the Owner's surveyor, (the "Building Envelopes"). (b) Minor alterations to the dimensions and/or ) configuration of the Building Envelopes may be made by mutual agreement between all of the Owner, the Township, and the Ministry of Natural Resources. (c) For the purposes of this Agreement, "development" shall include, but not be limited to, the disruption or removal of any existing sailor vegetation located on the Lands by any means whatsoever, save and except from natural causes. "Development" shall also include the placing of fill on the Lands, and any construction activities whatsoever. /' / / ¡ '- , . . - 3 - 4. The Owner agrees that the following warning clause shall be included in all offers of purchase and sale for the severed lots: "Purchasers are advised that the property is located within an area identified as an area of natural and scientific interest by the Ministry of Natural Resources. No fill shall be placed or removed, nor any existing vegetation shall be altered without consultation with the Ministry of Natural Resources. The purchaser should consult the Township of Bruce or the Ministry of Natural Resources with respect to development requirements". 5. No tree cover will be removed or diminished from the Lands ,without the written permission of the Ministry of Natural Resources. It is understood that approval will be given for the removal of vegetation to provide for the Building Envelopes (in~luding a septic system, a well and access), / and the removal of dead trees. 6. All applications to the Township by the Owner for a building permit or any other permit as may be required to perform work on the Lands shall be accompanied by a written confirmation from the Ministry of Natural Resources and the Bruce-Grey Health Unit, that the application is in conformity with the terms of this agreement. 7. Development within the Building Envelopes, including construction of access and egress points and the location of the septic system and well, shall be undertaken so as to ~ , . -4 - minimize disruption to the ANSI. Development shall be in accordance with the following: (i) Buildings or structures shall be sited as close as possible to the front and side lot lines, as permitted by the setback provisions of the applicable zoning bylaw of the ToWnship¡ (ii) The tile fields be located at the front of the Building Envelopes¡ (iii) The access and egress routes be comprised of natural materials (gravel) and not hard-surfaced to minimize effects on gr~und water and soil moisture conditions supporting adjacent natural ground cover; (1·/) WRartwer pgssib19, 18Utual dri'·Qwaye EAall gO \uuag for aases. aRd 8¡reSS ts aSw.ttiAg BuildiRg i:R'UQlop9i': (v) Landscaping, including fencing, is designed so as to ensure the minimal disturbance of the existing vegetation and native species, and shall minimize the introduction of non-native species of vegetation; and (vi) The natural drainage shall not be altered in any way which may cause damage to the ANSI. / .., ~ ~ , ~ - 5 - 8. with any application for a building permit, the Owner shall submit a site grading plan to the Ministry of Natural Resources for its review and approval. The site grading plan must be approved by the Ministry of Natural Resources prior to the issuance of the building permit. The site grading plan shall ensure minimal addition of fill or disruption or removal of any existing sailor vegetation located on the Lands by any means whatsoever. The site grading plan shall show: (i) The location of all building construction to be erected within the Building Envelope and all final grades, drainage and vegetation; and (ii) The means whereby erosion and siltation will be contained and minimized both during and after construction. 9. Any naturally occurring wet areas on the Lands outside the Building Envelopes shall not be drained, except upon mutual agreement between the Owner, the Township and the Ministry of Natural Resources. 10. Prior to initiating any construction or grading, the Owner shall erect a snow fence or any other suitable temporary barrier to ensure minimal disturbance to the ANSI, to the satisfaction of the Ministry of Natural Resources. 11. The Owner agrees not to call into question, directly or indirectly, in any proceeding whatsoever, in law or in equity or before any administrative tribunal, the right of the Township to enter into this agreement and the right to enforce each and every term, condition and covenant herein contained, and_this agreement may be pleaded as estoppel against the Owner in any case. " / ~ / ~ , A - 6 - 12. The execution of this agreement by the Township shall not be deemed to give assurance any building permit when applied for shall be issued. The OWner hereby waives any right to obtain a building permit on the land until the owners have complied with each and every term of this agreement. 13. It is expressly understood and agreed that remedies of the Township under'this agreement are cumulative and the exercise by the Township of any right or remedy for the default or breach of any term, condition, covenant or agreement herein contained, shall not be deemed to be a waiver or alter, affect or prejudice any other right or remedy or any other rights or remedies to which the Township may be lawfully entitled for the same default or breach: and any waiver by the Township of the strict observance, performance or compliance by the Owner with any term, condition, covenant or agreement herein contained, or any indulgence granted by the Township to the Owner, shall not be deemed to be a waiver of any other subsequent default or breach by the Owner or to entitle the Owher to any similar indulgence heretofore granted. 14. The Owner agrees that this agreement may be registered on the title to the Lands at the Owner's expense. 15. The Owner agrees that application shall not be made to remove this agreement from title to the Lands without the prior consent of the Township and the Ministry of Natural Resources being obtained. 16. The Owner agrees not to make application for further sUbdivision of the severed lots. / .I . -, " / .... ~ " " - 7 - 17. The Ministry of Natural Resources and the Township will provide, upon the Owner's request, evidence of compliance with this Agreement at no cost to the Owner. 18. Schedule"A" attached hereto forms part of this agreement. IN WITNESS whereof this agreement has been executed by the parties under seal and the Township has affixed its corporate seal attested to by the hands of its Reeve and Clerk. SIGNED, SEALED AND DELIVERED in the presence of ) FREDERICK WALSH ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWNSHIP ) OF BRUCE ) ) ) ) ) ) ) Reeve ) ) ) ) ) ) Clerk witness as to execution by o. .. '...., ". 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