HomeMy WebLinkAboutBRU 90 013 agree difrancesco
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 90-13
BEING A BY-LAW to authorize
between the Corporation of the
DiFrancesco for limited services.
the entering
Township of
into an agreement
Bruce and Daphne
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
1. That the Corporation do enter into an agreement for limited
services which forms part of this by-law and a copy of which
is hereto attached.
2. That the Reeve and Clerk of the Corporation of the Township
of Bruce are hereby authorized to execute the said agreement
on behalf of the Corporation by their signatures and the
affixing of the Corporation Seal of the Corporation thereto
and to deliver the agreement so executed to Daphne
DiFrancesco provided that the Corporation shall receive back
one counterpart executed by the said Daphne DiFrancesco.
By-law introduced and read a First time this EIGHTH day of MAY,
1990.
By-law read a Second time this EIGHTH day of MAY, 1990.
By-law read a Third time and finally passed, signed, sealed, and
numbered 90-13 this EIGHTH day of MAY, 1990.
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c'lcf,~ REEVE
CLERK
-SEAL
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AGREEMENT
Kade in quadruplicate this gJh day of M01 ' 1990.
BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BRUCE
IN THE COUNTY OF BRUCE
THB PROVINCE OF ONTARIO
Hereinafter called the Township
OF THE FIRST PART
and
Daphne DiFrancesco
172 Montmorency Drive
Hamilton, Ontario
L8K 6K6
OF THE SECOND PART
WHEREAS the Owner herein represents that she is the Registered
Owner of Part of Lot 38, Lake E, Inverhuron, Township of Bruce,
in the County of Bruce and hereinafter referred to as the subject
lands,
AND WHEREAS the Owner enjoys a right-of-way to the subject lands
for all purposes included amongst which are ingress and egress,
AND WHEREAS the Owner has requested the Township to amend the
Township's Comprehensive Zoning By-law No. 76-13 to specifically
permit the construction of a cottage dwelling on the subject
lands,
AND WHEREAS the aforesaid right-of-way is not a publicly
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
No. 76-13 to permit the
aforesaid provided that a
Agreement" is first entered
prepared to
development
"No Demand
into,
amend its Zoning By-law
of the subject lands as
for Municipal Services
AND WHEREAS this Agreement is the said "No Demand for Municipal
Services Agreement" referred to above,
AND 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. The Owner on behalf of herself, her successors and assigns,
hereby acknowledges that the only means of access to the
sUbject lands is by way of a private right-of-way.
Further the Owner hereby acknowledges that the said right-
of-way has not been assumed by the Township as a publicly
maintained road allowance forming part of the Municipal Road
system of the Township and thus it is a private road as far
as the Township is concerned.
The Owner therefore covenants and agrees that no demand will
be made upon the Township for the provision of access by way
of an open publicly maintained road or otherwise and the
obtaining of access to the subject lands will be the problem
and 801e responsibility of the Owner.
2. The Owner hereby acknowledges that the subject lands do ~
presently receive any direct municipal services whatsoever.
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3. Thé 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.
L
The Owner hereby agrees
upon the Township for
nature and kind except
roadway conditions do
trucks.
Without in any way limiting the generality of the expression
"municipal services" the type of services which will not 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 clearance, .street lighting, sidewalk,
curbs, gutters, tree planting or any other service
whatsoever other than the one mentioned above.
5.
The Owner hereby agrees
registered on the title to
Notice pursuant to Section
1980, Chapter 230.
IW1. to make any demands at any time
any municipal services of whatsoever
fire protection when weather and
not permit the safe entry of fire
that this Agreement may be
the subject lands by way of
74 of The Land Titles Act R.S.O.
6. The Owner hereby acknowledges that this covenant 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 as
in this particular case.
The Owner further acknowledges and agrees that the Township
has only agreed to the above-noted Zoning By-law amendment
on the basis of this Aqreement being entered into.
7. This instrument constitutes the entire Agreement between the
Township and the Owner. It shall not be amended, altered or
changed except by written agreement hereto. This Agreement
may be executed 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 constitute but
one and the same Agreement.
8.
This Agreement shall enure to the benefit of
upon the respective successors and assigns
hereto.
IN WITNESS
respective
respective
and
WHEREOF
Corporate
corporate
the Township has hereunto affixed its
Seal attested to by the hands of its
officers, duly authorized in that behalf,
'I
SIGNED, SEALED AND DELIVlRED
IN THE PRESENCB OF
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as to the signature of the
Owner
"'
and be binding
of the parties
.
) THE CORPORATION OF
) TOWNSHI~::~
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) ~e:t::;r REEVE
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SUBJICT PROPERTY
ARIA TO BB REZONED FROM "RH-R" TO "RD--R..I" "
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111200
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FEaR ARY 990
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PT. LOT 38
TOWN fLOT'or INVERHURON
BRUCE TOWNSMIP
COUNTY OF BRUCE