HomeMy WebLinkAboutBRU 92 007 agree frederick wals
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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
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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.
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CLERK
REEVE
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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("
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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,
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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:
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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.
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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),
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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
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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.
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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.
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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.
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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
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SCBBDULB "A"
Forming part of an Agreement between Mr. Fred
Walsh and the Corporation of the Township of
Bruce
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