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Home My WebLink AboutBy-law No. 2012-047 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2012-047 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN JOHN WIZNIAK AND THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS John Wizniak is the owner of lands in Lot 25, Concession 5, known municipally as 57822 Calton Line in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-01/12, including the condition that the owners execute a development agreement for the supplementary farm dwelling; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement with John Wizniak affixed hereto and forming part of this By-law and marked as Schedule "A". READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF APRIL 2012. MA R CLERK SCHEDULE 'A' THIS DEVELOPMENT AGREEMENT made in duplicate this /9 ' day of Ao,r ; j 2012. BETWEEN JOHN WIZNIAK of the Municipality of Bayham, in the County of Elgin, Hereinafter called the "Owner" OF THE FIRST PART - and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owner(s) represent that they are the registered Owner(s) of the lands and premises in Lot 25 Concession 5, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Attachment "A" attached hereto (hereinafter called the "said Lands"); AND WHEREAS a minor variance application A-01/12 requesting relief from Section 29.1 Permitted uses, site specific zoning by-law amendments for defined time periods in Zoning By-law Z456-2003, was granted on April 19, 2012 by the Committee of Adjustment subject to a development agreement; AND WHEREAS the Owner(s) are desirous of developing the said Lands conditional upon (inter alia) the entering into of a development agreement dealing with the supplementary farm dwelling as more particularly set out on a plot plan marked as Attachment "B" attached hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owner(s), the receipt and sufficiency whereof is hereby acknowledged, the Owner(s) covenant and agree with the Municipality to do and perform at their own expense the following matters and things: Municipal Engineer 1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall mean the Municipality's Chief Building Official or the Municipality's Manager of Public Works or such other person as the Council of the Municipality may from time to time appoint to deal with the administration of this Agreement. List of Attachments 2. The following Attachments are hereby declared to form part of the Agreement between the parties: Wizniak Agreement - 3 Binding 10. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner(s) shall run with the Land and shall be binding upon the Owner(s) and upon the Owner(s)' heirs, executors, administrators, successors and assigns, as Owner(s) and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the Owner(s)hip of the Municipality and this Agreement shall enure to the benefit of and be binding upon the appropriate authority and its successors and assigns. Assignment 11. Neither party is permitted to assign rights and obligations under the Agreement without the permission from the other, which shall not be unreasonably withheld. Specifications 12. The supplementary farm dwelling will abide by the following specifications: a) The supplementary farm dwelling will only be situated as shown in Attachment"B" b) The floor area of the supplementary farm dwelling will not be greater than 92 m2; c) A maximum of ten seasonal employees may be accommodated during the seasonal vegetable farming/processing operation; d) The supplementary farm dwelling may only be used during the vegetable farming/processing operation season April—October and is not to be used for full-time residency. e) The supplementary farm dwelling shall be serviced with potable water and private sanitary sewage disposal system to the satisfaction of the Municipality and/or local Health Unit; 1) Vehicular access to the supplementary farm dwelling will be via the existing driveway. Removal of Supplementary Farm Dwelling 14. The Owner(s) agree that the supplementary farm dwelling shall be removed: a) at the cessation of occupancy of more than two (2) years; b) at the cessation of the owner's vegetable farming/processing operations of more than two (2) years c) upon any attempt at permanent residency, whereby the owner will be notified that this agreement is null and void requiring the removal of the supplementary dwelling immediately. Separate Covenants 15. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not Wizniak Agreement - 5 - Attachment"A" DESCRIPTION OF LANDS Lands are more particularly described as: Assessment Roll # 34-01-000-003-08200 Municipal Address: 57822 Calton Line Legal Description: Concession 5 South Part Lot 25, Municipality of Bayham, County of Elgin PIN# 19'7- ci-i I-775 iv-r- 5.i3 ,.. , . ,,... i-,,,---,,,, • _ , c....,.._..-, ,...,,,....:„.„ _.. _._ .• . ..„- ... .. • . !, ,••,- „., i , 0 .-7 ,,cf,-..,7•., ci, ;•. , H J •; , ( ,• ...., ',) _.: • .-s. ! , ! 1 • .-: t %1 , ':.: ,I,..: ,••• i , r-- 1 I ' 0it 1 t,--1 . • v,P4 -,,,T. 1 SP r1 ,I.____I -----, /l ' !• 1 i i . JL7------- • - l'i.. i•...' Ilq-a i C.glI..--TOPJ L...14..)r:7” • (7_,,p....1.1-.••1 .-.:•.... (- 7_, _ f H i\l Nit) 1. ...,- ---1- . V LE)f"/Y -ta /!(T7c&&-Tyr r�ui- kyr IRO#11 Notice R000ipiod as CTa1812 on 2012 05 23 at 12:41 The applicont(a)hereby applies to the Land Registrar. yyyy mm rid Pap 1 of 2 Properties PIN 36351 -0208 LT Desafptlon PT 5112 LT 25 CON 5 BAYHAM AS IN E365012(SECONDLY)EXCEPT 0877;SR .' I d INTEREST IN E355012:SIT BENEFICIARIES INTEREST IN E359572:SR 8M25745: + • BAYHAM Address 57622 CALTON UNE VIENNA Consideration Consideration $0.00 Applieant(s) The notice is based,on or affects a valid and existing estate,right,interest ar equity in land Name WIZNIAK,JOHN MICHAEL Address for Service 67822 Calton Erna,RS1 Vienna,NOJ 1ZO This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE MUNICIPAUIY OF BAYHAM Address for Service 9344 Plank Road,Box 160,Straffordvile,ON NOJ IVO I,I,Paul Ens,Mayor and I,Lynda Millard,Cleric,have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. [Statements This notice is pursuant to Section 71 of the Land Titles Act, This notice Is for en indeterminate period Schedule: See Schedules I Signed By James Raymond Morgan 65 Bidwell 51 acting for Signed 201205 22 Tillsonburg Applicants) N4G 3T8 Tot 5198424228 Fax 5198427659 I have the authority to sign and register the document on behalf of the Applicant(s). ISubmitted By MANDRYK,STEWART&MORGAN 65 Bidwell St 201205 23 PROFESSIONAL CORPORATION Tilisonburg N43 3Ta Tel 6198424228 Fax 5198427559 Fees/Taxes/Payment Statutory Regisfraoyon Fee $60,00 Tete)Paid 960.00 02/E d 19£999615 <4 65912,9665 w '$ 1ZNf131S 'IAa0MVW 95151 ?z-9O-Z6O2 2012-08-24 15:58 MANDRYK, STEWART & M 5198427659 >> 5198663884 P 4/20 9669E :1eq+U++IY W4i;umJvagddbr aegt1 HN el f Z lO Z e6ed PP W W AAM fabs! IM PW1 eqi a saficde gge+ey(ibriadgdde ey1 EpZE 18 £Z 90 Z 60Z UO LE9 EBLO etr Po4d114I21 iO[►eN E i M Oat