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Chapter 277
April 2, 1992
Development
Chapter 277 Severance - Lands - Agreement
Chapter Index
Article 1 - Interpretation
277.1.1
Building lot - defined
277.1.2
Engineer - defined
277.1.3
Owner - defined
Article 2 - Severance Agreement
277.2.1
Severance - granted - building lot(s) - created
277.2.2
Corporation - owner - exemption
277.2.3
Specifications - variance - authority - Engineer
Article 3 - Repeal
277.3.1
By-law - previous
Schedule
Schedule `A' - Severance Agreement
Article 1 - Interpretation
277.1.1
Building lot - defined
"building lot" means the location upon which a building or buildings are to be
erected which requires a severance of property.
277.1.2
Engineer - defined
"Engineer" means the person holding the appointment of Engineer for the
City of Woodstock.
277.1.3
Owner - defined
"owner" includes the applicant for the severance by the Oxford County Land
Division Committee as the owner in fee simple of the land described in this
agreement and/or their respective heirs, executors, and assigns.
Article 2 - Severance Agreement
277.2.1
Severance - granted - building lot(s) - created
Every case where a severance of land has been granted by the Land Division
Committee of the County of Oxford which creates a building lot or lots, the
applicant shall enter into a binding agreement with the City in the form of
Schedule `A' to this Chapter.
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Chapter 277
April 2, 1992
277.2.2
Corporation - owner - exemption
Section 277.2.1 shall not apply when The Corporation of the City of
Woodstock is the owner.
277.2.3
Specifications - variance - authority - Engineer
The Engineer shall have authority to vary from time to time the specifications
referred to in Schedule `A'.
Article 3 - Repeal
277.3.1
By-law - previous
By-law 5890-81 is hereby repealed. By-law 6135-84, August 9, 1984.
Schedule
Schedule 'A' - Severance Agreement
BETWEEN:
Hereinafter called the "owner",
OF THE FIRST PART
-and-
The Corporation Of The City Of Woodstock
hereinafter called the "City",
OF THE SECOND PART
WHEREAS the owner represents that he or she is the owner of the land
described in Box 6 of the attached Document General herein called "the said
land" and has applied to the Land Division Committee of the County of Oxford
for a division of land in the City of Woodstock under the Planning Act and
amendments thereto.
AND WHEREAS the Council of the City is of the opinion that such division of
land is not proper and in the public interest unless the owner agrees to perform
the covenants herein set forth.
NOW THEREFORE, in consideration of the premises, the division of land
aforesaid, and the sum of ONE ($1.00) DOLLAR paid by the City to the owner,
the receipt whereof is hereby acknowledged, and other consideration, the
parties hereto covenant and agree as follows:
1)
a) The owner agrees that no building will be erected and no building
permit will be available on the said land until site and elevation
plans have been approved by the City Engineer of the City of
Woodstock.
b)
Said site and elevation plans shall be in such detail as the City
Engineer requires and shall include:
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Chapter 277
April 2, 1992
(i)
location of proposed buildings,
(ii) height of proposed buildings,
(iii) location of entrance and exits,
(iv) area and location of land to be used for off-street parking
and driveways,
(v) use of land not covered or to be covered by buildings,
(vi) architectural elevations of proposed buildings,
(vii) in the case of residential buildings, the number and dimensions
of each dwelling unit and the location of same in the buildings.
2)
The owner agrees that building or buildings will be erected in accordance
with the plans as approved, subject only to such changes as have received
advance approval.
3)
The owner further agrees that:
a)
final grades and elevations will be established to the satisfaction of
the City Engineer;
b)
all surface and roof drainage will be controlled on site and taken to
an outlet approved by the City Engineer;
c)
all necessary provisions for service connections on site will be made
to the satisfaction of the City, or the Woodstock Public Utility
Commission, as the case may be;
d)
construction work will be carried forward expeditiously in a good
and workmanlike manner, in accordance with good trade practice
and so as to cause a minimum of nuisance;
e)
all necessary precautions to avoid dust, noise and other nuisances
and to provide for the public safety will, so far as possible, be taken
to comply with the Occupational Health and Safety Act;
f)
all necessary care will be taken to see that mud and soil is not
tracked or spilled onto any public highway;
g)
garbage disposal facilities will be located and designed in a manner
satisfactory to the City Engineer;
h)
all parking lots will be paved with hot-mix asphalt or concrete to the
satisfaction of the City Engineer;
i)
driveways shall be constructed using good engineering practices to
the satisfaction of the City Engineer;
j)
upon failure by the owner to do any act that the public safety or
convenience requires, in accordance with this agreement, on
reasonable notice, the City, in addition to any other remedy, may
go in and do same at the owner's expense and collect the cost in
like manner as municipal taxes;
k)
the City may treat any breach of this agreement as a breach of the
Building By-law and stop work until the breach is rectified;
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April 2, 1992
l)
nothing in this agreement constitutes a waiver of the owner's duty
to comply with any by-law of the City or any other law;
m) the owner will convey to the City without charge any easement
required by the City or by the Woodstock Public Utility Commission.
n)
the owner will do all landscaping provided for in the approved plans
4)
The Owner agrees that he or she will not call into question directly or
indirectly in any proceedings whatsoever in law or in equity or before any
administrative tribunal, the right of the City to enter into this agreement
and to enforce each and every term, covenant and condition herein
contained and this agreement may be pleaded as an estoppel against the
owner in any case.
5)
The owner charges the land with the performance of this agreement.
6)
So far as may be, the covenants of the owner herein shall be restrictive
covenants running with the land for the benefit of the adjoining land of the
City or such of them as may be benefitted thereby and shall be binding on
the owner, his or her heirs, executors, administrators, successors and
assigns as owner and occupiers of the said land from time to time.
7)
This agreement will be registered on title to the said land and the owner
will pay for the cost of registration.
8)
Final Grading
The owner agrees to pay to the City a final grading inspection fee as set out
in the following table:
Lot Size
Amount Payable
1. Up to 465 m2
$75.00
2. 465 m2 to 4,650 m2
$75.00 plus $5.00/100 m2
3. 4,650 m2 and up
$300.00 plus $2.00/100 m2 of lot
area above 4,650 m2
9)
The owner agrees on behalf of himself or herself, his or her heirs, executors,
administrators and assigns to save harmless and indemnify The
Corporation of the City of Woodstock from all losses, damages, costs,
charges and expenses which may be claimed or recovered against the
Corporation by any person or persons arising either directly or indirectly as
a result of any action taken by the owner pursuant to this agreement.
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Chapter 277
April 2, 1992
10) STREET LIGHTING
The owner agrees that should sodium vapour street lighting be required
fronting the property referred to herein that a payment to the City will be
made as follows:
a)
In the case where the centre line street length fronting the property
is greater than 490 metres, the charge shall be $16.00 per linear
metre of frontage measured along the centre line of the street;
b)
In the case where the centre line street length is less than 490
metres, the charge shall be $18.00 per linear metre of frontage
measured along the centre line of the street.
11) The owner agrees to execute any and all petitions for local improvements
fronting the property referred to herein as the City deems necessary and
advisable for the proper development of the area.
12) The provisions of City of Woodstock Development Charges By-laws 6928-
92 and 6929-92 shall be complied with prior to the issuance of any
building permit under this agreement.
13) This agreement shall forthwith be registered on title to the said land by the
Owner's solicitors as a first encumbrance prior to any mortgages or liens.
The Owner's solicitors shall, at the expense of the Owner, but for the benefit
of the City provide the City with a title opinion confirming this agreement
a first charge on the said lands subject only to any municipal charges or
other encumbrances accepted by the City prior to signing of this
agreement.
THIS AGREEMENT shall ensure to the benefit of and be binding upon the
parties hereto, their respective heirs, executors, administrators,
successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto caused to be
affixed their Corporate Seals under the hands of their respective signing
officers in that behalf.
SIGNED, SEALED & DELIVERED
in the presence of:. . . . . . . . . . . . .
. . . . . . . . . . . . .
The Corporation Of The City Of Woodstock
. . . . . . . . . . . . .
Mayor
. . . . . . . . . . . . .
Clerk
By-law 6937-92, April 2, 1992; Schedule `A'.