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Home My WebLink AboutBy-law No. 2014-060 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2014 - 060 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN BRIAN AND THERESA BREEDON AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO PROVIDE FOR THE DEVELOPMENT OF LOTS UNDER CONSENT APPLICATIONS E34/13 & E35113,HAMLET OF RICHMOND, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Brian and Theresa Breedon, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the subject lands designated as Parts 1 &2 of Registered Plan 11R9739 READ A First and Second time this 5th day of June 2014. READ A Third time and finally passed this 5th day of June 2014. edee7 MA OR 4mil-c\NNI-aL -c9 K THIS SUBDIVISION AGREEMENT made in duplicate this 5th day of June 2014. BETWEEN: BRIAN AND THERESA BREEDON Hereinafter called the "SUBDIVIDER" OF THE FIRST PART -AND - THE MUNICIPALITY OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Subdivider is the Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 26 Part of Lots 25 to 27 Part of Unnumbered Lots North of Talbot Road and East of West Limit of Lot 111, Concession North Talbot Road Registered Plan 22, more particularly described in Schedule "A" attached hereto (referred to as the"Lands"); AND WHEREAS the Subdivider wishes to subdivide the Lands by means of Consent Applications E34/13 & E35/13 (referred to as the "Consents") pursuant to Section 53 of the Planning Act; AND WHEREAS as a condition of the consent of the County of Elgin Land Division Committee to the final approval of the Consents, the Subdivider and the Municipality must enter into an Agreement respecting the development of the Lands pursuant to Section 51(25) of the Planning Act with respect to neighbouring land use and drainage and the requirement for a municipal drain connection for the created lots; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the parties agree to comply with each term set out to the extent that it is 2 Subdivision Agreement—Breedon expressed to be respectively binding upon them, and the same shall enure to the benefit of and shall be binding upon their respective heirs, executors, administrators, successors and assigns. List of Attachments 1. The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Description of Lands "B" Copy of Registered Plan of survey "C" Municipal Engineer's Cost Estimate for drainage works Plan of Survey 2. The Lands shall be created through consent identified as Parts 1 and 2 on Registered Plan 1 IR-9739 in accordance with the survey attached as Attachment"B"to this Agreement. Notice to Future Property Owners 3. The Owner shall provide written notification to future owners of the lands that an intensive livestock operation exists in the vicinity located at 53565 & 53567 Heritage Line. 4. The Owner shall provide written notification to future owners of the lands that a water treatment system including but not limited to a nitrate filter, or equivalent, capable of removing nitrates to below the Provincial Drinking Water Quality Standard O. Reg 169/03 Schedule 2 be installed in any new residence. Drainage Work 5. The Subdivider agrees to construct, at its expense, a stormwater management system for the Lands which meets the requirements of all regulatory agencies and which discharges to a lawful and suitable drainage outlet. The affected lands shall be assessed to and regulated by the"Breedon Drain"system under the Drainage Act. Once constructed, physical components of the municipal drain shall remain unaltered including,but not limited to, remain clear of fencing, structures and plantings. Administration and Inspection Costs 6. (a) The Subdivider agrees to pay to the Municipality all administrative costs incurred in connection with this Agreement, including legal and engineering costs. 3 Subdivision Agreement—Breedon (a) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Municipality. The Subdivider hereby agrees to pay all accounts of the Municipality in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Municipality. Securities 7. Prior to work commencing,the Subdivider shall provide the Municipality with performance security as described in Attachment"C"to be held by the Municipality until all of the obligations of the Subdivider have been discharged. The security may be in the form of cash or an irrevocable Letter of Credit from a chartered bank and must not expire without at least 30 days advance notice in writing to the Municipality. In the case of cash,the Municipality shall hold funds in a non-interest bearing account. In the case of a letter of credit,the form and content of it shall be satisfactory to the Municipality. By-laws 8. The Subdivider shall, notwithstanding the provisions of this Agreement,be subject to all by-laws of the Municipality and statutes of the Province of Ontario, including those By-laws and statutes that require the payment of fees. In the event of conflict between the provisions of this Agreement and the provisions of any statute or by-law, the provisions of the statute or by-law prevail. Default by Subdivider 9. The Municipality may determine and declare the Subdivider to be in default of its obligations under this Agreement through written notice to the Subdivider of not less than thirty(30) days measured from the time that such notice is sent to the Subdivider. The notice will identify the provision(s) under which the Subdivider is in default. Subsequent Owners Bound 10. Subject to the provisions of the Registry Act and the Land Titles Act,the covenants, agreements, conditions and understandings herein contained on the part of the Subdivider shall be conditions running with the land described in Attachment"A" attached hereto, and shall be binding upon the Subdivider, its heirs, executors, administrators, successors, and assigns, as the case may be as subsequent Owners and occupiers of the said Lands from time to time (and "Subdivider" wherever used in this Agreement is intended and shall be construed to include such subsequent Owners and occupiers) and shall be appurtenant to the adjoining highways in the ownership of the Municipality or County, as applicable. Separate Covenants 11. 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 4 Subdivision Agreement-Breedon 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. Notice 12. Any notice by the Municipality to the Subdivider shall be delivered or sent by registered mail and addressed to the address shown on the assessment roll as updated from time to time on the records of the Municipal Clerk. Any notice by the Subdivider to the Municipality shall be delivered or sent by registered mail to the Municipal Clerk. Registration and Preparation of Agreement 13. The Subdivider agrees that this Agreement shall be registered by the Municipality's Solicitor upon the title to the lands, and agrees to pay all solicitor's fees and disbursements incurred by the Municipality in respect to the preparation and registration of this Agreement, forthwith, upon demand. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the Subdivider has hereunto set his corporate seal attested by the hands of its duly a thorized officers. em,7 Witn-ss Brian Breedon, Subdivider (414.)-e449.- Theresa Breedon, Subdivider I have the authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: 'OF Paul ns, Mayor yin 4,c / -- Lynda Millard, Clerk 5 Subdivision Agreement—Breedon ATTACHMENT 'A' DESCRIPTION OF LANDS Property Assessment Roll #34-01-000-007-05200 SPLIT Subject to: Consents E34/13 and E35/13 Described as: Parts 1 & 2 Registered Plan I1R9739 Lot 26 Part of Lots 25 and 27 Part of Unnumbered Lots North of Talbot Road and East of the West Limit of Lot 111, Concession North of Talbot Road Registered Plan 22, Part ofLot 111 Concession North of Talbot Road geographic Township of Bayham now Municipality of Bayham, County of Elgin, Province of Ontario . 4.P6t'Lbr�C.."3..73- 6fs'AII eaT/ij A 1t«„+u�-m3ao COORDINATE SCHEDULE ` "C sows PLAN 11R— 4/34 ILL COORDINATES ARE aN METRES AND 1eFTl DERIVED FROM NOTES ICT RECEDE Ano cmnalm GPS 2(501YA71000(SEW THE PRECISE POINT P01100HN0 (11-1(AIYr4 ANe AITIW0aTAC AND Ale JRCAMC 10 me mamma mar .i P)gFN10E A110 ME REFERRED TO MIA,ZONE 17,HAM](CN,$) racis Noma N DR •.CAIWI6 N a2 ar WI As 521002 a OAID! -15. 014 IMT[Apr;I �?7l 6017 racism N PUN NR-!sm ppm..... CDORDNATE VALUER ARE TO Rl1RAL ACCURACY IN (A)-TO COMERT Tom 111..1ra TO CC 1rA.r2s 4_ ACCORDANCE NMTO a REC.a1E/to.014(2) - 00 0Y or To Ila mammal Nag. --------'-- - $IMAN01 W'00 Or 5211114 NaO71A5'1 impairs 0.1 Omffr Wo leOeR1A1.ran RE LANG 1Rab SIaax a an0 {xAn) POINT NORTHING FASTING J 1� IMAM=�..a RI RUM Ya WAR atom Mann Ma PART SCHEDULE _ aoNEE4M 744 NEr.c am fA5TY16E 211'raTPt+x,c C II000 A 4734213..IW 512500.412 \ LIM 1118 P4/01/0711PL2L IAEA . 9 473005.512 512523.751 / COCRpINAIES Cr1240T,M T,(E115ELVF4.BE USED TO ()A OE-ESTABLISH CORNERS OR 00UNDAAIE$SHOW ON 1X15 PLAN purr a UT ISE a PART 11R 68x1} PART a ua'A0*01 a I LOT :r V 4orr IARr tr aW 000 1u 10K RE512Tum WAIT f1 w v HECfARS PART 1 '11R 0944 P,x aaala - 022. ORN CFI PARI Q 101111 t�.N 42 0 lull ]0126 - 0a.1. -ITN.oT MAD PMT OF 1nr a A 27 ----- f Wes N91M ow 0P4 ADMIN.RAM 2T MUMS _.---- _.—•-•-- 1��1~ 2 PEST 11C 4 705 1121E PAW or Yea R° m F.m UNNUMBERED LOTS NORTH OF TALBOT ROAD sg'6.1_-� OOIMXIDrom- .0T 11141,4''' •6'ry,M� PARI a 1m m TAINOT Ra °` AND EAST OF WEST LJM)T OF LOT iii '6r CONCESSION NORTH OF -TALBOT ROAD " MIME°F MIT°F P'`Y'35$311-ops NORTH OF TALBOT ROAD a 0 PUNOFSURVEYQr LOT 26 `� 1 PART OF LOTS 25 AND 27 .• �a.ax PART OF UNNUMBERED LOTS NORTH OF TALBOT ROAD AND EAST OF THE PAR 111 8944 r1 WEST LIMIT OF LOT 111. CONCESSION 1 • NORTH OF TALBOT ROAD 1 1 REGISTERED PLAN 22 :. i G l PART 1 11R — 9620— (N[LAOF OF RIcY.)V NO) PAH a.. �,,, PART OF LOT 111 Gaal G CONCESSION NORTH OF TALBOT ROAD 1 G REGISTERED PLAN N0. 22 r T • • UUNICIPP UJITY OF SHIP OF BAYHAM �8 I PART I 1 PART 2 I �` COUNTRY OF ELGIN �� }'''s 're- �4 i 1 nix 1�y- -- 025. -- 1 _ RESERVE LOT ! b. yy ,?� \ KIN HUSTED SURVEYING LTO. O `p�.id yy� 1�S 25 1 1 UNNJ) )EW LOT REGISTERED PLAN NO. 22 SURVEYOR'S CERTIFICATE co exp"` W 28 27 28 NOfiJ7I Of TALBOT ROAD An l CAI 9. n 1 F WEST{7F RESERVE LOT RESERVE LOT (11-WS dart?Ano PTAH AAE Ea44em PAD IR Moa aamcm+.1x 146 S 1 AFRE SDAYE11 AD,'IV%MOORS 1Ns YAoi We Mu AC1 110 1NF 1.10 HIES ALT A2 TIC l.pp $p 2 aiil," p� * ■1 I IL-Ins s .wm C01nATID a xY sal DAT a;most 101. ,y,„,.•••40,00-1"100�` V sEue A� 2r.® 2� twain a- 5w „a. 1I� ..:5 N Tr 11.0'l WNW M) •W.I W.I.PN k 10 __4r RILlkk 1.014... TNI. (Y9Y0ADF 4...0 1P1 t IA oATE i.luY(P])Y L7 LEGEND Ain LAID SUMMED COUNTY ROAD NO. 38 (TALBOT ROAD) • tow= smart 044YrxT.44AO o DORM wows 044010.x?9E. OD coma .TA0YA115 MON OAR J1ERITAG1r LINE •�M�; aOEMMOTIM nom (�p10p v..m.Y 1.41.........) gs1 'ME . RAN"._..m KIM HUSTED SURVEYING LTD. SCALE-1. 500 p x o —•4 - COMO ONTARIO LAND SURVEYOR PLL ripe 005E YTO MO= i0* .1A 11S 1i us.. METRIC 6AYcss Yo aloRnum aa n.a nen NO carom at 1E0* Las 30 l E0 111142 6111 FAX ArtNl0.-3O D0 mom uu9.YE0 NIDIEDIF14E%1IL ry1D STAMIO. V 3 p.l .0101744 srr Axo cM t1E lax5v12..11:RET RT dNO.Y m naw CW MOM (040l�r 0 MN°°l PIMECTr 00-55200P2 11EfEFtENCE: lIIa�lII • : 7 Subdivision Agreement—Breedon ATTACHMENT "C" COST ESTIMATE FRLLT)04Il o: t."3-igt•Aff: „e Zt 1-P r."kriltr 211.. at rk : t•.41 4 CR 4: or3/4./un PZRT11% ; '• " ' ,f .4° 14,r,oa::%ar'..4 X',Wit • t: a ,L. ck, 7:4" .1:`,"'IS g•"`' n IJ c: ik..:42 Lam ..41 L, . • • ;'417,21tNi•17 te •4- s r t . 14" r r F t J TOTAL E-SW4ATE)C )ST $ 12,5so.eo 5_t LRO#11 Notice Of Subdivision Agreement Receipted se CT104314 on 2014 06 16 at 15:43 The aP cant(s)hereby applies to The Land Registrar yyyy mm dd Pape 1 of 9 IP/vodkaf /4L S(� 1 SEZ. PIN 35338-0236 LT p Affects Part of Prop Description PART OF LT 25&26,PART OF UNNUMBERED LOTS NORTH OF TALBOT ROAD AND EAST OF THE WEST LIMIT OF LOT 111,PLAN 22,PART OF LOT 111.CONCESSION L V. egg NORTH TALBOT ROAD.PART 1 ON 11R9739;MUNICIPALITY OF BAYHAM PART OF LOT 26 A 27.PART OF UNNUMBERED LOTS NORTH OF TALBOT ROAD AND EAST OF THE WEST LIMIT OF LOT 111,PLAN 22,PART OF LOT 111, CONCESSION NORTH TALBOT ROAD.PART 2 ON 11897339;MUNICIPALITY OF BAYHAM Address HERITAGE LINE AYLMER Appllcant(s} The notice is based on or affects a valid and existing estate,right,interest or equity In land. Name BREEDON,BRIAN GEORGE Address los Service 53714 Heritage Lire,Aylmer,Ontario N5H 2R1 This document is not authorized under Power of Attorney by this party. Name BREEDON,THERESA Address for Service 53714 Heritage Line,Aylmer,Ontario N5H 2R1 This document is not authorized under Power of Attorney by Ns party. 'Party To(s) Capacity Share Name THE MUNICIPALITY OF THE MUNICIPALITY OF BAYHAM Address for Service 9344 Plank Road,Stralordvile,Ontario NOJ 1Y0 IStatements This notice is for an indeterminate period Schedule: See Schedules LSBy John Russell Holmes 28 Harvey Street acting for Signed 2014 0518 Tlllsonburg Applicanl(s) N4G 3J8 Tel 5198428474 Fax 5198424880 I have the authority to sign and register the document on behalf of all parties to the document. John Russell Holmes 28 Harvey Street acting for Signed 201406 16 Tillsonburg Party To(s) N4G 3J8 Tel 5198428474 Fax 5198424880 I have the authority to sign and register the document on behalf of all parties to the document. ZZ0/0TOC2j oTsseJold samTOg 'g [Igor 099t ZI1 6T5 XV3 9Z:60 tTOZ/LT/90 LRO#11 Notice Of Subdwlsion Agreement Raceipted as CT104314 on 2014 08 19 al 15:43 The (a)hereby des to the Land Regfainic yyyy mm dd Page 2 of 9 Submitted By JOHN R HOLIES 2e Harvey 2014 0616 lirP146 3J8 Tel 5198428474 Fax 5198424860 [ es/Payment 1 Statutory Registration Fee $60.00 Total Paid $60.00 ZZO/TIO18 oTssaJoad soluTog g mor 098$ ZIR 6TS XVI 9Z:60 PTOZ/LT/90