1998-125 To Authorize the Execution of a Site Plan Control Agreement
.'
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 98_125
.
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
CONTROL AGREEMENT.
WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan
Control Areas, was passed by Council for the Township of Oro-Medonte pursuant to the
provisions of the Planning Act, 1990, R.S.O. c. P, 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control
pursuant to By-Law No. 94-149;
AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O. 1990 c. P. 13, as amended, and Council deems it
necessary to enter into a Site Plan Control Agreement on the lands described herein;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "B", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd
1998.
DAY OF Decanber
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
1998.
2nd
OF Decanber
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.
!,~)I
:A-'. .ot, ,~;'j,.",~,,,, ~
/, ',. .,
,.'o} V..e ,!; A di'
MAYOR IAN BEARD
/:4 ,I'
~r .0' A/ L'
A.... "~.4>1',;;'_ r,~<f,.,. ,-,~
CLERK LYNDA AIKEN
I
.
.
/1
Site Plan Control A!!reement
WHEREAS the Owner has applied to the Township ofOro-Medonte to permit the
enlargement and/or renovation and/or addition to a dwelling unit that exists on a private
road, a non-winter maintained or an unassumed road on lands described on Schedule "A"
attached hereto.
AND WHEREAS, attached is an enacted By-Jaw to provide for the designation of lands
as a Site Plan Control Area.
NOW THEREFORE this Agreement witnesseth that in consideration of the mutual
covenant here and after contained the parties hereby covenant and agrees as follows:
1. Covenant by the Owner
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described on Schedule" A" attached hereto and
has provided the Township with a registered deed containing the legal description
of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registration against the title to the subject lands.
c) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
d) The Owner, shall, prior to the execution of this Agreement obtain all necessary
permits and approvals tram the Township and trom all Ministries and agencies,
including, but not limited to, the Simcoe County District Health Unit.
2. Covenants by the Township
The Township covenants and agrees as follows:
a) That the Township has enacted a Zoning By-law under Section 34 of the Planning
Act that permits the enlargement and/or renovation and/or addition to a dwelling
unit that existed on the date the By-law was passed.
b) The Township agrees that subject to compliance by the Owner with all of the
relevant municipal by-laws and Provincial statutes and regulations, the Owner
may proceed to develop the subject lands subject to the acknowledgment
contained herein.
3. Acknowledgment
The owner hereby acknowledges and agrees that:
a) The subject property does not ITom on an improved public road;
b) The Township is not required to maintain or snowplow the said road or street;
c)
The Township will not take over or assume an unopened. unassumed or private
road or street as a Township public road or street unless it has been built
according to the Township's standards then in force; and,
d) The Township is not liable for any injuries. losses or damages as a consequence of
the Township issuing a building permit for the subject lands.
.
.
.
4. Cooperation
The Owner consents to the registration of this Agreement by the Township upon the title
of the subject lands at the expense of the Owner and agrees to execute such further and
other documents. consents or applications as required for the purpose of securing
registration and giving effect to the provisions of this Agreement.
5. Binding Effect
This Agreement and everything contained herein shall be binding upon the successors
and assigns of the parties hereto and upon the lands described in Schedule "A" attached
hereto, such Schedule being a legal description of the lands and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
6. Severability of Clauses
Should any section, subsection, clanse, paragraph or provision of this Agreement be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
7. Save Harmless
The Owner, on behalf of itself. its successors and assigns agrees to indemnify and save
hannless the Township from and against any and all claims, suits, actions and demands
whatsoever which may arise either directly or undirectly by reason of any work or service
perfonned by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or sub-contractors.
IN WITNESS WHEREOF, the Owner(s) have hereunto set their hand on this 2 ( day
of fif>' =~ , 19'1k.'QIl >"'. /.
.. L 4 '..".~
I,,;; I, /( /Ii ~f CXr-i:~"U'r'--)
Owner . 1/ l
v
Owner
~"('" ~ '- s....l
Declared before me at the To',vnship of Oro Mesentc in the County of S~e this ~
day of ,19'1'" .
(~
WITNESS the Corporate Seal of the Township attested to by its duly authorized signing
officers this day of "/).'1/ "",Au ,19
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor
Clerk
2
>
.
.
.
SCHEDULE "A"
Legal Description of Lands:
Part Lot 1, Range 2, (Former Township of Oro)
Township of Oro-Medonte, County of Simcoe
if
~:
Form NO, 9B~
~i ~;OVince
~ Ontario
Document General
Form 4 - land Registration Refonn Act. 1984
o
(1) Registry ~
(3) Property
IdenUfler(s)
Land Thies 0 (2) Page 1 of 4 pages
Block Property
Additional'
See 0
Schedule
,._~ Hi <:'oJ
e- ... (7)
C'? ~.. . tV ";,,,i
.-
> ,cr:::'
>- ....,'.~ Ii' ,c;::::::.
-' ~
z .-; c::
liJ
<::) ...
Cc
::r- eD
.---i
c.:::) , ,
0)
a")
(4) Nature of Document
Site Plan Agreement under Section 41(10) of
the Planning Act.
(5) ConslderaUon
n/a
(6) DescrlpUon
All that namely Part Lot
of Ora-Medonte (formerly
of Simcoe.
Dollars $
l, Range 2. Township
Township of Ora), County
c:- ,~,)
<
New Property Identifiers
Additional:
See 0
Schedul.
1/1/'
/l1?J71!
Additional:
S..
Schedule
o
(7) This
Document
Contaln~
(a) Redescription
New Easement
PlanlSketch
o
(b) Schedule tor:
Description 0
Additional
Parties 0 Other I!]
(8) This Document provides as follows:
Site Plan Agreement as attached.
Continued on Schedule 0
>
I T n",,"<> Tn" authority to bind the
I (11) Address
for Service
Corporation.
Date of Signature
Y M D
1999 i 01 :
, :
. . . . . . . . . .. ...., f ' . ':. .
.............,......... ........,. .,...'.. ,1.,.
, ,
. . . . I. .
;"-"';:?-:T~;
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interesl)
Name(s)
Signature(s)
.~.QQB~RATION.OF.THE ~~SHIP.OF.........
. . 9W-:-~.. .9Y .its .Cle.:r:k,. Lynda. M.-k~r,t. . . . .
,. .~:jJ:;:twH\Y..",.......................,.
.... .....".........,....,.....,
P O. '3ox 100,
(12) Party(les) (Set ouf Status or Interest)
Namo(s)
Ora, ON
LOL 2XO
Signature(s)
Date of Signature
Y M D
. . . LIPSON.. Minl<y
....,... ,
...........,..,... ,
....,.,..................,....... .
.CMner. , . : . : : : : : : . . . . : . : . . : . : . . . . . . . : . . . . :
................................. .
.......,................,......,. .
(13) Address
for Service
(15) Document Prepared by:
Lynda Aiken
CJ.erk. Township of Ora-Me(lonte
P.O. Box 100
Ora, ON LOL 2XO
~
Z Registration Fee
o
w
en
::J
w
(.)
u.
u.
o
ex:
o
u.
I
Fees and Tax
(14) Municipal Address of Property
7 :r erniJt::.L LUll LElfle
Total
'"
.
.
Site Plan Control A!!reement
WHEREAS the Owner has applied to the Township ofOro-Medonte to permit the
enlargement and/or renovation and/or addition to a dwelling unit that exists on a private
road, a non-winter maintained or an unassumed road on lands described on Schedule" A"
attached hereto.
AND WHEREAS, attached is an enacted By-law to provide for the designation oflands
as a Site Plan Control Area.
NOW THEREFORE this Agreement witnesseth that in consideration of the mutual
covenant here and after contained the parties hereby covenant and agrees as follows:
1. Covenant by the Owner
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described on Schedule" A" attached hereto and
has provided the Township with a registered deed containing the legal description
of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registration against the title to the subject lands.
c) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
d) The Owner, shall, prior to the execution of this Agreement obtain all necessary
permits and approvals fi:om the Township and from all Ministries and agencies,
including, but not limited to, the Simcoe County District Health Unit.
2. Covenants by the Township
The Township covenants and agrees as follows:
a) That the Township has enacted a Zoning By-law under Section 34 of the Planning
Act that permits the enlargement and/or renovation and/or addition to a dwelling
unit that existed on the date the By-law was passed.
b) The Township agrees that subject to compliance by the Owner with all of the
relevant municipal by-laws and Provincial statutes and regulations, the Owner
may proceed to develop the subject lands subject to the acknowledgment
contained herein.
3. Acknowledgment
The owner hereby acknowledges and agrees that:
a) The subject property does not !Tont on an improved public road;
b) The Township is not required to maintain or snowplow the said road or street:
c)
The Township will not take over or assume an unopened. unassumed or private
road or street as a Township public road or street unless it has been built
according to the Township's standards then in force: and,
d) The Township is not liable for any injuries. losses or damages as a consequence of
the Township issuing a building permit for the subject lands,
.
.
4. Cooperation
The Owner consents to the registration of this Agreement by the Township upon the title
of the subject lands at the expense of the Owner and agrees to execute such funher and
other documents. consents or applications as required for the purpose of securing
registration and giving effect to the provisions of this Agreement.
5. Binding Effect
This Agreement and everything contained herein shall be binding upon the successors
and assigns of the parties hereto and upon the lands described in Schedule" A" attached
hereto, such Schedule being a legal description of the lands and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
6. Severability of Clauses
Should any section, subsection, clause, paragraph or provision of this Agreement be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
7. Save Harmless
The Owner, on behalf of itself, its successors and assigns agrees to indemnifY and save
hannless the Township trom and against any and all claims, suits, actions and demands
whatsoever which may arise either directly or undirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part ofthe Township, its servants or sub-contractors.
IN WITNESS WHEREOF, the Owner(s) have hereunto set their hand on this 2. \
of V'Q~~ ,WL~... .
day
<-
Owner
C\k,-~~ ,,~
Declared before me at the Township ofOro-Meaonte in the County ofSim'coe this ~
day of ,1992.
WITNESS the Corporate Seal of the Township attested to by its duly authorized signing
officers this day of ]!,,< ~,.."h~,. , 19
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~ J /"':?
<,>:',:<:r","',~", ,,/ "j .;, ;';,,v"'}'
Mayor lav\ \'>xOyc/
2
.
.
SCHEDULE "A"
Legal Description of Lands:
Part Lot 1, Range 2, (Former Township of Oro)
Township of Oro-Medonte, County of Simcoe
FormNQ.oeo
Schedule
Page
02..
s
Fonn 5 - Land Reglolr8llon Relonn Act, 1_
~1onaI Property Idenllfter(l) end/or Other In'_lion
(5 )
Description
.
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Township of Oro, in
the County of Simcoe and Province of Ontario being composed
of part of the westerly part of Broken Lot No. 1 in the
Second Range of the said Township and being more
particularly described as follows:
PREMISING that the easterly limit of the road allowance
between Ranges land 2 of the Township of Oro, County of
Simcoe, being also the westerly limit of the West half of
Lot 1, Range 2, has a bearing of North 30 degrees 23 minutes
West and relating all bearings herein thereto;
COMMENCING at a p~int in the easterly limit of the said road
allowance distant 218.33 feet measured on a bearing of South
30 degrees 23 minutes East along the said easterly limit of
the road allowance from the northwest angle of Lot 1,
Range 2.
THENCE North 55 degrees 59 minutes 20 seconds East 69.71
feet;
THENCE North 48 degrees 13 minutes East 116 feet;
THENCE North 58 degrees 45 minutes 50 seconds East 100.57
feet to an iron bar planted at the northwesterly angle of
the parcel under description and being the point of
commencement thereof;
THENCE North 75 degrees 05 minutes 40 seconds East 300 feet
to a post planted at the northeasterly angle of said parcel;
THENCE South 8 degrees 40 minutes East and at right angles
to the last mentioned course 317 feet more or less to the
water's edge of Kempenfeldt Bay;
THENCE westerly along said water's edge to the intersection
thereof by a line drawn South 8 degrees 40 minutes East
through the point of commencement and parallel to the
easterly limit of the parcel under description;
THENCE North 8 degrees 40 minutes West along last mentioned
line 314 feet mure or leas to the place of beginning.
TOGETHER WITH a free and uninterrupted right-of-way, ingress
and egress, for persons, animals and vehicles appurtenant to
the above-mentioned lands in, over, along and upon that part
of the West half of Lot One, Range Two, Township of Ora,
County of Simcoe, described as Part 3 On a Plan of Reference
registered in the Land Registry Office for the Registry
Division of Simcoe as 51R-3530.
.
TOGETHER WITH the right to erect and maintain on the said
right-of-way, but so that they shall not interfere with the
travelled road, poles and wires for electricity and light
and telephone, or other similar service for the said lands
hereby conveyed.
Being the lands described in Instrument No. 972970.
w
o~
it
o~
~~
..............-.,