1998-114 To Authorize the Execution of a Site Plan Control Agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 98-114
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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 18th
1998.
DAY OF NOVEMBER
BY.LAW READ A THIRD TIME AND FINALLY PASSED THIS 18th OF
NOVEMBER 1998.
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THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
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MAYOR IAN BEARD
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CLERK LYNDA AIKEN
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Appendix "B"
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 of lands
as a Site Plan Control Area,
NOW THEREFORE this Agreement witnesseth that in consideration ofthe 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 rrom the Township and rrom all Ministries and agencies,
including, but not limited to, the Simcoe County District Health Unit.
2. Covenauts by the Township
The Township covenants and agrees as follows:
a) That the Township has enacted a Zoning By-law under Section 34 ofthe 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 ftont 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.
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4. Cooperation
The Owner consents to the registration of this Agreement by the Township upon the title
of the subject lands at the expense ofthe 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, 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
harmless the Township ITom 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 of the Township, its servants or sub-contractors,
IN WITNE. SS WHEREOF, the Owner(s) have hereunto set th~eir hand ~his /.lid day
of JlfJ"""<V!/It/ ,199~ - '~
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wner - Kevin Elmes
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Own - Noreen Elmes
Declared before me at the Township ofOro-Medonte in the County of Simcoe this
day of ,I..z.N,..,i,e.r ,19
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Commissioner.
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WITNESS the Corporate Seal of the Township attested to by its duly authorized signing
officers this 2 xd day , 19
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor
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Clerk
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SCHEDULE "A"
Legal Description of Lands:
West Part of Lot 15 and East Part of Lot 16, Registered Plan 791, Township ofOro-
Medonte (formerly Township of South Orillia), County of Simcoe,
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Additional
See
Schedule
Executions
Additional
See
Schedule
(8) This Document provides as tollows:
Site Plan Agreement as attached.
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Imerest)
Name(s)
THE OJRroRATloo OF THE 'lU'INSHIP
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Document General
Form 4 - Land Registration Reform Act. 1984
(1) Registry IX]
(3) Property
Identlfler(s)
Land Titles U
(2) Page 1 01 4 pages
Property
BlOCk
Additional
Se.
SChedule
(4) Nature of Document
Site Plan Agreement urrler Section 41 ( 10) of
the Planning Act
(5) Consideration
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(6) Description
Dollars $
An that part of the West Part of Lot 15 and
East Part of Lot 16, Registered Plan 791,
Township of Oro-Medonte (formerly Tcmnship of
South Orillia), County of Simcoe
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(7) This
Document
Contains:
(b) Schedule tor
(a) Redescription
New Easement
Plan/Sketch
D
Description 0
Additional
Parties [J Other
Continued on Schedule
Signature(s)
Date of Slgnatl
Y M
1998:11
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OF ORO-MElXNI"E, by its Clerk, Lynda Aiken
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. Municipality
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I have the authority to bind the Corporation.
(11) Addres.
tor Service
Oro, Ontario
P.O. Box 100,
(12) Party(ies) (Set out Status or Interest)
Name(s)
. ELMES' . Kevin
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Slgnature(s)
Date of Signa
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Oimer
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Oimer
(13) Addres.
for Service
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(14) Municipal Address of Property
29 Goss Road
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(15) Document Prepared by:
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Lynda Aiken
Clerk, Township of Oro-Medonte
P.O. Box 100
Om, 00 LOL 2XO
Fees and Tax
Registration Fee