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HomeMy WebLinkAboutBy-law No. 2024-035THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-035 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE AND DEMOLITION AGREEMENT BETWEEN BENNE AND MARTHA WIEBE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003, provides that as a temporary use, an existing residence located on the subject property may remain in place and be occupied while a new residence is constructed on the same subject property. AND WHEREAS the Property Owner has applied for a building permit for construction of a new residence at 8298 Owl Cage Road, legally described as Concession 5 N Pt Lot 24, being Assessment Roll No. 3401-000-003-07500. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Chief Administrative Officer be and are hereby authorized and directed to execute the Temporary Use and Demolition Agreement with Benne and Martha Wiebe attached hereto and forming part of this By-law and marked as Schedule "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6T" DAY OF JUNE 2024. MAYOR CLERK SCHEDULE `A' TO BY-LAW 2024-035 THIS TEMPORARY USE AND DEMOLITION AGREEMENT DATED THE 6T" DAY OF JUNE 2024 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the "Municipality") -and- BENNE AND MARTHA WIEBE (Hereinafter called the "Property Owner") WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003 (hereinafter referred to as the "By-law"), provides that as a temporary use, an existing dwelling located on the subject property may remain in place and be occupied while a new dwelling is constructed on the same subject property; AND WHEREAS the Property Owner has applied for a building permit for construction of a new dwelling at 8298 Owl Cage Road, legally described as Concession 5 N Pt Lot 24, Assessment Roll No. 3401-000-003- 07500 with a request to reside in the existing dwelling during construction; AND WHEREAS the Property Owner commits to submitting a security deposit in the amount of $10,000.00 dollars to the Corporation of the Municipality of Bayham; AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows: The Owner shall apply for a building permit to construct within three (3) months of the date of the passing of this By-law. The Owner agrees that the construction of the new dwelling shall be completed and occupied within two (2) years of the passing of this By-law. The Owner agrees to demolish the existing single -detached dwelling within six (6) months of the occupancy of the new dwelling or within two (2) years of completion of construction of the new dwelling, whichever comes first. The Owner shall pay the required $10,000.00 security deposit to the Municipality of Bayham in the form of a bank cheque, certified cheque or a certified Letter of Credit to be held until such time as the existing dwelling is completely demolished and all debris removed to the satisfaction of the Municipality of Bayham's Chief Building Official. �5 Failure to comply with this Agreement will result in the Municipality of Bayham using the security deposit funds to demolish the existing dwelling and remove all debris. Any and all additional costs for this demolition incurred by the Municipality will be added to the property taxes of the subject property Assessment Roll No. 3401-000-003-07500. IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated abovt:. SIGNED, SEALED AND DELIVERED Signature of Witness Beane Wiebe, Owner wr, F Martha Wiebe, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed KetchgbAqp'Mayor T om yer, Chief Administrative Officer We have authority to bind the Corporation. MUNICIPALITY OF BA HAM 56169 Heritage Line PO Box 160 STRAFFORDVILLE ON I NOJ 1YO BEN & MARTHA WIEBE Description Receipt Number: 0421856 Receipt Date: 2024-06-06 Receipt Amount: 10,000.00 1301?11 Amount Czeneral temp use demo agr b12024-035 8298 Owl Cage Rd 10,000.00 1.00000 10,000.00 Receipt Amount: 10,000.00 Cheque 10,000.00 Official Receipt Per .' . Tax Reg.: Note: This receipt is not valid until the payment has cleared. E&OE