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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. .¡)ø~ ~~~ c'lcf,~ REEVE CLERK -SEAL -- - -------- .~. ----.: II ->. ./ .....J.;~-?\.., 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. ... -~., . - 2 .,. 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 ?~ as to the signature of the Owner "' and be binding of the parties . ) THE CORPORATION OF ) TOWNSHI~::~ ~ Per: _u.~ ) ) ~e:t::;r REEVE ) ) ) ) ) ) ) ) ) ) ) THE ~~ ; . Per: ~~ CLERK ~--.rD1-~ J. (~ OWNER ~-"',,".'" . ~- !;~';\:f'·;· I. 1 \..--' (", ~: ',~'" ¿~'--~ ¡ ,~-- -. .w-'"..'" . , , ',,- . . ",: 4 " r ~é.'-~· ~.._.,_..._~ ..' /'( " ~~ ~.~ '(~ .~ """"- 01.\-", ~ I ~ ~c:;¡~ ~ , .. .4--~ , ~ J Ih ~ -C)......""iib : t \f1 ~ -C)Lft.e. J..o.,. - o-!!::.\ l+-cO......~ ~.í..\~ .l-\--O~ ......- C:::>~ ,~..os~ \ Io' . ~2!.~ , .~ -cO-S!:) i ~ ..oa,l-\. --- · I-f...- ~<.a C) '1 t~ ? de~- .......-o~ .~ /.I,. -c:::::>e' ~ "" . r- ' I 4·=e;æ, - r ...... -=~ \ Ii l1li. t. ~ J...t... - c:::u:'-4 \ ~ ..lJIÞ SUBJICT PROPERTY ARIA TO BB REZONED FROM "RH-R" TO "RD--R..I" " LOCATION MAP ~~ .- .~ .,..., .. .. - ...,. .. I,., , , 11111 .. SCHEDULE "A It to 1i.1aw ..sU~~-,JMlI"d tHI -st. +h oI~-. It"~n .~~ ~._~ c..L~R¥.. ~.=--·~~-;'-""""'''.'''_,Ir,.'',.~...._,_., ','""'.",_,', .>~., . D. DiFRANCESCO ICM.E "-E . 111200 MTt FEaR ARY 990 OØWttM!ÞIt ,- . RRUC!R cnntil'1'Y· "t..&.·Mut t.1~ PT. LOT 38 TOWN fLOT'or INVERHURON BRUCE TOWNSMIP COUNTY OF BRUCE