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HomeMy WebLinkAboutBy-law No. 2011-070 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011 -070 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN B & S CREVITS FARMS LTD.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 B & S Crevits Farms Ltd. is the owner of lands in Lot 26, Concession 3, known municipally as 57575 Light 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-05111, including the condition that the owners execute a development agreement for the second supplementary fann 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 B & S Crevits Farms Ltd. 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 18th DAY OF AUGUST 2011. j,°11 M• OR C(LERK SCHEDULE'A' THIS DEVELOPMENT AGREEMENT made in duplicate this I $ day of et, 2011. BETWEEN : B & S CREVITS FARMS LTD. (BRIAN and SUSAN CREVITS), of the Municipality of Bayham, in the County of Elgin, Hereinafter called the "Owners" OF THE FIRST PART • and • THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owners represent that they are the registered Owners of the lands and premises in Lot 26 Concession 3, 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-05111 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 August 5, 2011 by the Committee of Adjustment subject to a development agreement; AND WHEREAS the Owners are desirous of developing the said Lands conditional upon (inter alia) the entering into of a development agreement dealing with the second supplementary farm dwelling within an existing barn 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 Owners, the receipt and sufficiency whereof is hereby acknowledged, the Owners 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 Zcli gin 3. The Zoning designation being Agricultural (Al-A)on the said lands and minor variance approval through application A-05/11 permits the second supplementary farm dwelling in the existing Barn 2. Access 4. Access to the subject lands exist and are shown on the Attachment"B". As-Constructed Drawings 5. The Owners shall provide to the satisfaction of the Municipality and for the Municipal records, "as-constructed"drawings of the proposed potable water supply and private sanitary sewage system to be installed for the second supplementary farm dwelling located within an existing barn structure. Indemnification 6. The Owners 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 7. Entry into this Agreement with the Owners 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. 8. The Owners 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 Owners from any applicable statute,regulation, or code of any legislative, administrative,or governmental authority, and the Owners shall obtain and pay for all permits. Notice to Subsequent Owners 9. The Owners 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 Owners shall not make any claims whatsoever against the Municipality or any other land Owners of any lands for a contribution or reimbursement in any way for any monies expended by the Owners to effect the works. Crevits Agreement - 3 - Registration 10. This Agreement shall be registered on title to the Lands,by the Owners(s), at the Owners(s) expense. The Owners shall cause a duplicate registered copy be provided to the Municipality for their records. Binding 11. The covenants, agreements, conditions and undertakings herein contained on the part of the Owners shall run with the Land and shall be binding upon the Owners and upon the Owners' heirs, executors, administrators, successors and assigns, as Owners and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the Ownership 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 12. 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 13. The second supplementary farm dwelling will abide by the following specifications: a) The second supplementary farm dwelling will only be situated within the existing barn 2, as shown in Attachment"B". b) The floor area of the second supplementary farm dwelling will not be greater than 167 m2; c) A maximum of eight seasonal employees may be accommodated during the seasonal on- site vegetable farnling/processing operation; d) The second supplementary farm dwelling may only be used during the vegetable farming/processing operation season. e) The second supplementary farm dwelling shall be serviced with potable water and private sanitary sewage disposal system to the satisfaction of the Municipality and/or Health Unit; fj Vehicular access to the second supplementary farm dwelling will be via the existing driveway. Removal of Second Supplementary Farm Dwelling 14. The Owners agree that the second supplementary farm dwelling shall be removed: a) at the cessation of occupancy of more than two(2)years; b) cessation of the owner's vegetable farming/processing operations of more than two (2) years Crevits Agreement -4 - 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 Owners 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 authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) Brian Crevits, Owner ) W.4 es: ) Crevits, Owner ) ) ) ) THE CORPORATION OF THE ) MUNICIPALITY I F BAYHAM ) ilfedf4 ) Per: ) Par Ens,Mayor ) ) Per: dde,dsa ) La Millard, Clerk ) ) # s g, „ /! Date Crevits Agreement - 5 - Attachment"A" DESCRIPTION OF LANDS Lands are more particularly described as: Assessment Roll#34-01-000-002-10900 Municipal Address: 57575 Light Line Legal Description: Concession 3 South Part Lot 26,Municipality of Bayham, County of Elgin PIN# .7:7f4C4, 7 J7 ,6 ' PyeG 49 .‹ 6 y $ Ai ' 5reen h ow44_, 1 ,,,, _ _ dr(veuict.1 , . . . z ai -j e .41 • •■•1. A 4()) Sit/. 7,.,., �i o A F.. . S � v J .N- C.,. C 3 C t 6461 4.4 rf 'Da • 7 c . s c/1 Cin, -� ) t r - - -c ell (9 ---•-„ L,, , ,_ ...... v-s � -1:)_ LRO#11 Notice Receipted as CT73378 on 2011 09 16 at 12:35 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 8 Properties • PIN 35331 -0240 LT Description NW1I4 LT 26 CON 3 BAYHAM;NE1/4 LT 26 CON 3 BAYHAM:PT RDAL BTN LT 25 AND 26 CON 3 BAYHAM CLOSED BY E355423 AS iN E365095;BAYHAM Address 57575 LIGHT LINE VIENNA . Consideration Consideration $0.00 Applicant(s) The notice is based on or affects a valid and existing estate,right,interest or equity in land Name B&S CREVITS FARMS LTD. Address for Service 57575 Light Line, Vienna,ON NOJ 1Z0 I,Brian Crevits,President,have the'authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 9344 Plank Rd.,Straffordville,ON NOJ 1Y0 I,Pau!Ens,Mayor and I,Lynda Millard,Clerk,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 an indeterminate period Schedule: See Schedules Signed By James Raymond Morgan 65 Bidwell St. acting for Signed 2011 09 16 Tillsonburg Applicant(s) N4G 3T8 Tel 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. 2011 09 16 PROFESSIONAL CORPORATION Tillsonburg N4G 3T8 Tel 5198424228 Fax 5198427659 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 LRO#11 Notice Receipted as CT73378 on 2011 09 16 at 12:35 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 8 File Number Applicant Client File Number: 7132