Body: Council Type: By-law Meeting: Regular Date: 2012 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2012 By-laws/2012-48 - Site Plan Agreement with Selle.pdf)
Document Text
TOWNSfflP OF SOUTH FRONTENAC BY-LAW NUMBER 2012-48
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSfflP OF SOUTH FRONTENAC AND WAYNE AND CONSTANCE SELLE.
WHEREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUT FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
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THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and Wayne and Constance Selle, a copy of which is attached hereto and forms part of tills by-law.
THAT this By-law and Agreement shall be registered on title of the property described as Part Lot 1, Concession IH, Portland District, Township of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Planning Act 1990, either upon the date of passage or as otherwise provided by the said section 4 1. Dated at the Township of South Frontenac this seventh day of August 2012. Read a first and second time this seventh day of August, 2012. Read a third time and finally passed this seventh day of August, 2012. THE CORPORATION OF THE
TOWNSHIP OF SQJ-LjTH FRONTENAC
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Gayy Davison, Mayor
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THIS SITE PLAN AGREEMENT made this 9th day of August, 2012.
BETWEEN:
WAYNE AND CONSTANCE SELLE hereinafter called the “Owner” OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owners are the registered owners m fee simple of certain lands
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Frontenac (the “Owners’ Lands”);
AND WHEREAS the Municipality is authorized to enter into this agreement and
^^^L-^Ti^s!^ti^tot?eLa^ds^u^u ttose^?n41_oftheplannm8Act and section 6.17 of the Township of South Frontenac Official Plan;
^v]SlwH^RE^the,]vlumcipauty has J?ass^d by-law No- 2003-25 to designate aU of the Township of South Frontenac as a “Site Plan Control Area”;
NOW THEREFORE, TfflS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements contained herein, the parties agree each with the other as follows:
In this Agreement:
a) “Owners” include a mortgagee in possession, a tenant in possession pursuant to
a leasehold interest, and encumbrancer in possession and may mean more than one Owner specified in the Certificate of ownership.
The Owners covenant that the Owners are the Owners in fee simple of the Owners’ lands.
The obligations imposed by this Agreement affect the lands described in Schedule “A” hereto and any restrictive covenants expressed herein run with the land and
bind successors in title to the said property as well as Ae successors and assigns of the Owners.
The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said lands.
The following schedules are attached to and form part of tins agreement and no new buildmg, structure or other facility shall be erected, altered or placed on the said lands except in accordance with fhe attached schedules which consist of:
A. Legal Description of Lands B.
Site Plan
- The Owners shall use the subject land only in accordance with the uses and
locations identified on Schedule “B” comprising a shed, sawmill and storage areas for slabwood bundles, lumber storage, log storage and storage for logs/lumber and farm equipment.
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- Thft Own^s shall prevent daro.agc being caused to existing pubUc highways, other
public works or mimicipal property m the course of the devclopm&ntofths said lands and sliall restore su&h propeny to the condition it was prior to the commencement of development.
The Owners slnall ensure that parking arsas, manoeuvring arca5 and aisles and
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access ways connecti.ng the paricing arcs with. the street are maimamed with a stab]e surface, which is treated so as to prevent the raVng of dust.
- Hours of operation of the sawmill are limited to 7 A.M. to 7 PX. Monday to Friday, and 8 AM to 12 Noon, on Saturdays,
In the event of a sale of the improved lands» the owner ^M^ assame fall and
complete responsibility for the continuing obligations m<ter_this Agreement. The enforcement of this Agreement is the responsibility of the Mumcipatiiy, 10. The Agreement shall be registered against ihe title of the Lands and the Municipality shall be entitled to enforce its provisions against the Owner and any and all subsequent owners of the Lands. 11. In the event that the Owners fail to install or jnaaintam the facilities covered by this
Agreement, then, upon the Chief Building Official or designate, giving seven days
written notice by prc-paid registcreid mail to the Owriers, the municipal iity, througli it1 s employees, agents of coniT&ctors, may, without fturther no^ce, enter upon the lands and proceed to supply all materials and to do all (he necessary inspections and works in connection with the facilities includiQg the repair or reconstiuctioo o-f faulty work and fhc replacement ofrofiterials which are not in accordance with plans or specifications and to charge the cost (hereof, together with the cost of engineering aftd any Other expenses incurred by the municipality, against the Owner. Such entry and work shall not be deemed as acceptance or assumption of said facilities nor an assumption by the Municipality of any Uab.iUty. It is expressly agreed that the Owners or any person in possession shall pot question the cost incurred by the Municipality for labour, materials or any other costs incidental to do tb& said work and this provision shall be deemed to
operate as an effi-ctwe estoppel inJudiciBl proceeding? \f sucb co^ arc challenged or placed in question. The Owner agrees to permit the Chief Building Official, w agent, to enter onto tile Lands at &ny time to inspeot the work. The
Municipal ity may perform any of the required services and colled the cost for the epforccmem of this Agreemem sga^sl the sai4 Lands from th® security.
1.2. Th.e Ownftrs covenant and agree thai the l^nds and premises more particularly described in Schedule W annexed h&reto may only be used for those pu^oses
specified by Spcci&l Rural Zo.ne RU-28. WITN2SS thfi coriiorate seals of the -Cypecfive oq»ora&ifc partiea hereto, ^yy affixed under the h£nds of their respective signing ojRHcers, duly authorized in that behat?.
S.GNEO, SEALED AND DEL!VE D ) SK the presfinee of ME CORPORA f^W OF T&XE r^
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OWNSHIP OF SOUTH
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John M. Glassca Laui Qffic 613 376 6944
3CHEDULE"A"
LEGAL DESCRIPTION 0:^ LANI/G
Part Lot 1, Concession III, Portland Uistrict, Township of Simth Frontenac Being the south west quarter of Lot 1, Conc.essicxi KI 5 Which may also be described as: South half of Lot 1, Concession III except: Parts 1,2,3 Plan m 20080; Parts 1,2,3 ?lf.n 13R 11926; Pansl,2^ Plan 13R 8929; and Part 1 Plan m 6693. 1-
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SCHEDULE “B”
SITE PLAN
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