1. That the Corporation of the Township of Georgian Bay enter into a Site Plan Agreement which is attached hereto and forma a part hereof.
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- Susan Lambert
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1 THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW NO Being a By-law to provide for a Site Plan Agreement with the owner of the land known as Island Number 5 or Anatamanga, in the Georgian Bay opposite the Township of Gibson as shown on plan of Islands in the Georgian Bay made by F. Bolger, Provincial Land Surveyor, dated Penetanguishene 27th March on file in the Department of Indian Affairs, formerly in the Township of Gibson, now in Ihe Township of Georgian Bay, District Municipality of Muskoka. WHEREAS Carole Ann Durish, hereafter called the Owner, is desirous of further development on the [and known as Island Number 5 or Anatamanga, in the Georgian Bay opposite the Township of Gibson as shown on plan of Islands in the Georgian Bay made by F. Bolger, Provincial Land Surveyor, dated Penetanguishene 27th March, I8S9 on file in the Department of Indian Affairs, formerly in the Township of Gibson, now in the Township of Georgian Bay, District Municipality of Muskoka. AND WHEREAS the Owner had applied to the Committee of Adjustment of the Township of Georgian Bay for permission to build on the land; AND WHEREAS the Ontario Municipal Board requires the Owner to enter into a Site Plan Agreement as a condition of approval for the Minor Variance Application; AND WHEREAS the Site Plan Agreement outlines the extent of construction set out on Schedule l'a\ which can be viewed during regular business hours at the Township of Georgian Bay Municipal Office; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY ENACTS AS FOLLOWS: 1. That the Corporation of the Township of Georgian Bay enter into a Site Plan Agreement which is attached hereto and forma a part hereof. 2. That the Mayor and the Clerk are hereby authorized and directed to execute such Agreement on behalf of the Corporation of the Township of Georgian Bay and to affix (hereto the Corporate Seal of the Township and to deliver the same on behalf on the Corporation of the Township of Georgian Bay. READ and finally passed this 29tl>dafoflyiarch 2005 Bonnie Munro. CAO-Clerk/Treasu
2 THIS AGREEMENT made in quadruplicate this '^ day oficfh^c, BETWEEN: THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY hereafter referred to as the "Township" of the FIRST PART - and - ^ Carole Ann Durish hereafter referred to as the "Owner"' of the SECOND PART WHEREAS the Owner warrants that Carole Ann Durish is the Owner of the land known as Island Number 5 or Anatamanga, in the Georgian Bay opposite the Township of Gibson as shown on plan of Islands in the Georgian Bay made by F. Bolger, Provincial Land Surveyor, dated Pcnetanguishene 27th March, 1889 on file in the Department of Indian Affairs, formerly in the Township of Gibson, now in the Township of Georgian Bay, District Municipality of Muskoka. AND WHEREAS the Ontario Municipal Board, as a condition of development of the lands to which this Agreement applies, has required the Owner to enter into this Site Plan Agreement pursuant to section 41 of the Planning Act, R.S.O. 1990,c.P.13. NOW THEREFORE in consideration of the sum of Two Hundred and Fifty Dollars (S250.00) paid by the owner to the Township, receipt of which is hereby acknowledge, the parties hereto agree each with the other as follows: 1. LANDS TO BE BOUND: The land to be bound by this Agreement is the land known as Island Number 5 or Anatamanga, in the Georgian Bay opposite the Township of Gibson as shown on plan of Islands in the Georgian Bay made by F. Bolger, Provincial Land Surveyor, dated Penetanguishene 27th March, 1889 on file in the Department of Indian Affairs, formerly in the Township of Gibson, now in the Township of Georgian Bay, District Municipality of Muskoka. (the "Land"). 2. BUILDINGS: The Owner covenants and agrees that no buildings or other works will be erected and/or constructed on the Land except in conformity with the site plan approved by the Township, a true copy of which is filed with the Township and may be viewed at its business offices during normal business hours (the "Site Plan"). 3. LANDSCAPING: The Owner agrees to maintain all trees and vegetation on the Land in accordance with the Site Plan, provided that trees which are a safety hazard may be removed with the prior written consent of the Township. It is agreed that any vegetation within the building envelope identified on Schedule A can be removed. It is agreed that walkways and pathways required for access and construction of the dwelling unit will result is vegetation loss and removal, however such will be minimized as much as possible. It is agreed that under story vegetation may be removed for the purpose of view and air movement. 4. USE: The Owner shall not use or permit the use of the Land or buildings on the Land except in conformity with the Site Plan and all applicable zoning regulations in force from time to time and to the provisions hereafter.
3 1. Maximum building height of dwelling unit, 7 metres; 2. Maximum gross floor area of the dwelling unit, 186 sq. metres; 3. Maximum ground floor area of dwelling unit, 168 sq. metres; 4. Vegetation protected to ensure the structure blends into the area; 5. Minimum lot area above contour elevation line, 7160 sq. metres; 6. Minimum lot area above contour elevation line, 6280 sq. metres. 5. NUISANCE: The Owner shall not create any public nuisance such as dust, noise or noxious odours. 6. MAINTENANCE: The Owner shall maintain the grounds, works and structures in accordance with the Site Plan and this Agreement. 7. SEPTIC SYSTEM: The Owner agrees that the location shown on the Site Plan as tile field location may be used only for a sewage disposal system, which has been approved by the Township. No buildings or structures shall be located in the tile field location that may prevent the installation, maintenance or proper operation of an approved sewage disposal system. Where the Land fronts on a water body, all components of an approved sewage disposal system shall be located as far as possible, given the limitations of the particular property, from the normal or controlled high water mark as defined by the Township's zoning regulations in force from time to time ("High Water Mark"), provided that the set back from the High Water Mark shall not be less than 15 metres. 8. CONSENT TO REGISTRATION: The Owner hereby consents to the registration of notice of this Agreement against the title to the land, which registration shall be at the cost of the Owner. 9. CONSENT TO SITE INSPECTION: The Owner hereby consents to the Township, by its authorized servants and agents, entering the Land from time to time to determine whether the Owner is in compliance with the terms of this Agreement. 10 NO APPLICATION TO DELETE NOTICE: Notwithstanding any provision of the Land Titles Act R.S.O. 1990, c.l5 or regulations made hereunder to the contrary, no application shall be made to the Land Registrar to have the entry of notice of this Agreement deleted from the register for the Land or to have compliance noted thereon without the prior written consent of the Township. 11 MODIFICATION: The terms of this Agreement shall remain in force unless amended by further written agreement between the parties. 12. DEFAULT: The Owner shall maintain the Land in compliance with this Agreement at the risk and expense of the Owner and, in the event of default and in addition to any other enforcement remedy the Township may have, the provisions of the Municipal Act 2001 S.O. 2001, c.25, s. 427 shall apply. 13. HEADINGS: The section headings are provided for reference purposes only and are not to be considered in the interpretation of any of the provisions of this Agreement. 14. BINDING: This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors, administrators, and assigns. 15. INTERPRETATION: In the interpretation of this Agreement, the singular shall be construed as including the plural and the masculine shall be construed as including the feminine or neuter, as the contexi may require.
4 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested by the hands of their proper officers duly autiiorized in that behalf., SEALED DELIVERED esence of } Carol Ann Durish sr^y? j "HE CORPORATION OF THE UNSHIP OF GEORGIAN BAY i1 ' j'' i j* r ^ " * *- '_- /BONNIE MUNRO, CAO-CLERK/TREASURER We have the authority to bind the corporation.
5 SCHEDULE"A" Being Island Number 5 or Anatamanga. in the Georgian Bay opposite the Township of Gibson as shown on plan of Islands in the Georgian Bay made by F. Bolger, Provincial Land Surveyor, dated Penetaiignishenc 27th March, 1889 on file in the Department of Indian Affairs, formerly in the Township of Gibson, now in the Township of Georgian Bay, District Municipality of Muskoka. ^ n norr or ic cx&amic Tvm*w> cr
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