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HomeMy WebLinkAbout21 172 55 Lorne Beach Road Release from Interim Development Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE .4.�` �Uy,C/PALITYOFKIN�a��\a� i� BY-LAW No. 2021 — 172 A BY-LAW TO RELEASE THE LAND KNOWN AS 55 LORNE BEACH ROAD, KINCARDINE AND LEGALLY DESCRIBED AS PART OF BLOCK 16, PLAN 3M183, PART 1 ON 3R-9067, KINCARDINE; being all of PIN 33293-0775(LT) FROM AN INTERIM DEVELOPMENT AGREEMENT WITH SUSAN K. PRYDE DATED JULY 14, 2010 • WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS By-law No. 2010-103 is a bylaw to authorize the Corporation of the Municipality of Kincardine to enter into an Interim Development Agreement with Susan K. Pryde, who was the registered owner of the lands legally described as Part Lots 49 & 50, Con `A'; Block 16 RP 3M-183; Municipality of Kincardine, in the County of Bruce ("Block 16"), which were lands being severed from a larger parcel of land. Block 16 included three (3) separate residential lots identified as Parts 1, 2 and 3 on 3R-9067. AND WHEREAS the Interim Development Agreement dated July 14, 2010, which requires the entering into of a further and more detailed Development Agreement with the Municipality of Kincardine prior to the development of Block 16, was a • condition (Condition No.7) of the Corporation of the County of Bruce Decision of Approval Authority with Reasons dated November 19, 2009 related to the above- mentioned severance. AND WHEREAS the Interim Development Agreement dated July 14, 2010 was registered on title to Block 16. In particular, the said Agreement was registered by way of a Notice registered as Instrument No. BR47785 on November 10, 2010 against title to Parts 1, 2 and 3 on 3R-9067. AND WHEREAS it has been determined, in consultation with both the County of Bruce and Saugeen Valley Conservation Authority, that a further and more detailed Development Agreement, as required by the Interim Development Agreement dated July 14, 2021, is no longer required with respect to PT BLK 16 PL 3M183, PT 1 3R-9067, Kincardine; being all of PIN 33293-0775(LT) due to the other approval requirements that the land is subject to during any development process. NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: • 1. That the requirement stipulated in paragraph 1 of the Interim Development Agreement dated July 14, 2010 requiring an applicant (registered owner of the land) to enter into a further and more detailed development agreement Page 2 of 2 55 Lorne Beach Road Release from Interim Development Agreement By-law By-law No. 2021 - 172 with the Municipality of Kincardine for the land legally described as PT BLK 16 PL 3M183, PT 1 3R-9067, KINCARDINE; being all of PIN 33293- 0775(LT) is no longer required by the Municipality of Kincardine. 2. That the Municipal Solicitor be directed to take any steps necessary to delete the Notice registered as Instrument No. BR47785 from title to PT BLK 16 PL 3M183, PT 1 3R-9067, KINCARDINE; being all of PIN 33293-0775(LT). 3. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute on behalf of the Council of the Municipality of Kincardine any and all documentation necessary to give effect to this bylaw and to release PT BLK 16 PL 3M183, PT 1 3R-9067, KINCARDINE; being all of PIN 33293-0775(LT) from the Interim Development Agreement dated July 14, 2021 and to delete the said Agreement from title to the said land. 4. This By-law shall come into full force and effect upon its final passage. 5. This By-law may be cited as the “55 Lorne Beach Road Release from Interim Development Agreement By-law” READ a FIRST and SECOND TIME this 1st day of November, 2021. READ a THIRD TIME and FINALLY PASSED this 1st day of November, 2021. Mayor Clerk ACKNOWLEDGEMENT AND DIRECTION TO: Tammy W. Grove-McClement AND TO: The Ross Firm RE: Notice of Release of Interim Development Agreement By-law No. 2010-103— PT BLK 16 PL 3M183, PT 1 3R9067; Municipality of Kincardine 33293-0775 LT This will confirm the following: 1. I/We have reviewed the information set out below and attached and the information is accurate. 2. You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically on my/our behalf the document(s) described in this Acknowledgment and Direction as well as any other document(s) required to complete the transaction described above. 3. You are hereby authorized to insert any information that may be required in the electronic documents described in this Acknowledgment and Direction that may not be available to you at the time of execution of this Acknowledgment and Direction. 4. The effect of the electronic documents described in this Acknowledgment and Direction has been fully explained to me/us and I/we understand that I/we are parties to and are bound by the terms and provisions of these electronic documents to the same extent as if I/we had signed these documents. 5. I am/We are, in fact, the parties named in the electronic documents described in this Acknowledgment and Direction and I/we have not misrepresented our identities to you. 6. I/We hereby authorize you to make any minor, non-material alterations that may be required by the Land Registry Office or any governmental agencies or governmental authorities to effect certification of the electronic documents described in this Acknowledgment and Direction by the Land Registry Office. 7. This Acknowledgment and Direction may be executed in counterpart and each such counterpart shall, for all purposes, constitute one document binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart, provided that each party has signed at least one counterpart. 8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail shall be binding upon each party hereto and upon the party so signing by facsimile or e- mail transmission. DESCRIPTION OF DOCUMENT: Release Interim Development Agreement Date: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: Name: Gerry Glover Title: Mayor Per: 1--4.4.4,074.p(—ert--€,•—•- Name: Roxana Baumann Title: Acting CAO We have authority to bind the Corporation.