HomeMy WebLinkAboutBy-law No. 2012-068 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2012-068
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
DAVID AND ELISABETH KLASSEN 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 David and Elisabeth Klassen are the owners of lands in Lot 25, Concession 5,
known municipally as 7363 Coyle Road in the Municipality of Bayharn,County of Elgin;
AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor
variance Application A-03/12, 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 David and Elisabeth Klassen 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 7th
DAY OF JUNE 2012.
YOR CLERK
SCHEDULE 'A'
THIS DEVELOPMENT AGREEMENT made in duplicate this 71k day of
2012.
BETWEEN :
DAVID AND ELISABETH KLASSEN
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 South Gore, 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-03/12 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 June 7, 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 ni.ore 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:
Attachment Description
"A" Legal description of the said Lands.
"B" Site Plan showing the location of all buildings and structures, the sanitary sewage
disposal system, and potable water supply
Zoning
3. The Zoning designation being Agricultural (Al) on the said lands and minor variance
approval through application A-03112 permits the supplementary farm dwelling.
Access
4. Access to the subject lands exist and are shown on the Attachment"B".
Indemnification
5. The Owner(s) shall indemnify and save harmless the Municipality against all losses,
damages, claims, actions, demands, suits, costs and interest incurred which arise directly
or indirectly from anything done in connection with this Agreement, whether in
performance of, outside of or contrary to this Agreement.
Other
6. Entry into this Agreement with the Owner(s) shall in no way fetter legislative or
administrative discretion of the Municipality or of any of its officers or staff with regard
to the approval or administration of any matters in connection with any development on
the said Lands.
7. The Owner(s) understand and agree that there shall be no work performed except in
conformity with all applicable by-laws and Provincial and Federal legislation and
regulations, and this Agreement does not exempt the Owner(s) from any applicable
statute, regulation, or code of any legislative, administrative, or governmental authority,
and the Owner(s) shall obtain and pay for all permits.
Notice to Subsequent Owner(s)
8. The Owner(s) agree that any payments made or works installed pursuant to this agreement
shall not be deemed to be development charges of any sort whether under the provisions
of the Development Charges Act or a by-law thereunder, or pursuant to any front-ending
provisions of that Act. It is further agreed that the Owner(s) shall not make any claims
whatsoever against the Municipality or any other land Owner(s) of any lands for a
contribution or reimbursement in any way for any monies expended by the Owner(s) to
effect the works.
Registration
9. This Agreement shall be registered on title to the Lands, by the Owner(s)(s), at the
Owner(s)(s) expense. The Owner(s) shall cause a duplicate registered copy be provided
to the Municipality for their records.
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 p-itnission 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) The floor area of the supplementary farm dwelling (mobile home) will not be
greater than 72.8 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;
f) 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 enforceable, it shall be considered separate and
severable from the Agreement and its remaining provisions as though the unlawful or
unenforceable provision had not been included.
Municipality's Expense
16. The Owner(s) shall reimburse the Municipality for expenses incurred in the preparation of
the Development Agreement by the payment upon receipt of invoiced costs.
IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal
attested to by the hands of their proper officers, duly au • 'zed in that behalf.
SIGNED, SEALED AND DELIVERED ) ' ♦ • /
David Klassen, Owner
in the presence of ) g-kitz44& Ja
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) Elisabeth Klassen, Owner
Witness )
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
) /#116/'.?#.2Z
) Per:
) Paul Ens, Mayor
) Per: Y-61a.4-P
) Lynda Millard, Clerk
Dat
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Attachment "A"
DESCRIPTION OF LANDS
Lands are more particularly described as:
Assessment Roll#34-01-000-003-12300
Municipal Address: 7363 Coyle Road
Legal Description: Concession South Gore, South Part Lot 25, Municipality of Bayharn,
County of Elgin
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LRO p 11 Notice Raalstend as CT83663 on 2012 07 ID at 12:58
The eppolkcant(s)hereby wiles to the Land Registrar my mm dd Page 1 of 8
Ips
PIN 35331-0134 LT
Deacrtpfm+ PT 3112 LT25 CON S GORE N OF CCN 8 B OF ALBOT RD LOTS BAYHAM AS IN
E314954;BAYHAM
Address 7363 CCYLE RD
9TRAFFORWILLE
Consideration
Considerees►+ $1.O0
IApplicants) — J
The notice is based on or affects a wild and wising estate.right,interest or acuity In land
Name KLASSEN,DAVID IO.ASBEN
Addre s fi r Service 1165 Regional Road 28
Langton,Ontario
This document is not autho4zed under Power al Attorney by this party.
Name Ia.ASSEN,ELISABETH ENNS
Address Ibr SeMrs 1186 Regional Road 28
Langton,Ontario
This document is not authorzed under Power of Attorney by this party
Party Ibis) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address be Service 8344 Plank Rd
PO Box 160 •
SbelfordNle,ON
NOJ IVO
This document Is being authorized by a municipal.corpora6en Paul Ens,Meyer Lynda Milord,Clerk.
This daoument 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 loran Indeterminate period
Schedule: Bee Schedules
Signed By
Mreheel Georg.Charles Bzenanyi 38 Broadway,
N4lsi Box Ap�for
3lgned 20120710
Tel 5188423658
Fax 5198426001
I have the authority to sign and regiotsr Se document on behalf of the Applant(a).
ISubmitted By 1
GIBSON BENNETT GROOM&SZORENYI 38 Boor 3 2012 071D
n7
N4O alis
Tel 5138423858
Fax 6198425001
VCi la-IW T=KO rgUt ail by
LRO# 11 Nati= Registered as CT686a2 on 2012 0710 at 1251
The apposing.)hereby applies tome Lend Registrar
Yyly mm dd Page 2 of 8
1 Fees/Taxes/F9ayrnenf J
Sfetirtory Registration Fee $80.00
Rani Pow $60.00