HomeMy WebLinkAbout00 104 EN - Skingley/Tolman
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 104
BEING A BY-LAW TO PERMIT AN ENCROACHMENT ONTO THE ROAD
ALLOWANCE LOT 22, PLAN 372, WEST SIDE OF LAKE STREET,
TOWN PLOT OF INVERHURON (FORMER TOWNSHIP OF BRUCE),
MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to Section 210 P.107 of the Municipal Act, R.S.O. 1990,
c.M. 45, the Council of a municipality may pass by-laws authorizing the
encroachment of buildings or structures upon any highway subject to such terms
and conditions and may fix annual fees or charges for such privilege.
NOW THEREFORE the Corporation of the Municipality of Kincardine ENACTS
as follows:
1. The owners from time to time of the improvements described in the
encroachment agreement attached as Schedule A to the by-law,
hereinafter called the "improvements" on the lands described as Lot 22,
Plan 372, (former Township of Bruce) in the Municipality of Kincardine are
hereby allowed to maintain and use the portion of the improvements as
they encroach upon the Road Allowance.
2. The encroachment with respect to the portion of the improvements hereby
authorized, is not more than 11 metres of the Road Allowance and shall
be subject to the terms and conditions of the encroachment agreement
attached to this by-law.
3.
That the mayor and clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the agreement with Robert
Skingley and Virginia Tolman which is attached to this by-law as Schedule
"A" and to affix the Municipality's Corporate seal as and when required.
4. This by-law affects the lands described as Schedule "A" in the said
encroachment agreement attached to this by-law.
5. This by-law may be cited as the "Skingleyffolman Encroachment
Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 23rd
day of August, 2000.
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. Mayor
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ENCROACHMENT AGREEMENT
THIS AGREEMENT made this ~ Il~ day of A-\..c;...s"í 2000
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BETWEEN:
ROBERT SKINGLEY
VIRGINIA TOLMAN
(the "Licensee")
- and -
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(the "Municipality")
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1.
The Licensee owns Lot 22, Plan 372, Townplot of Inverhuron, former Township
of Bruce, situated in the Municipality, and more particularly described in
Schedule "A", which abuts the public road allowance known as Lake Street.
2. The Municipality owns the public highway a road allowance known as Lake
Street, referred to as the "Road".
3. A framed cottage owned or controlled by the Licensee, encroaches upon the
Road a distance of approximately 11 metres, more particularly shown on the
sketch attached as Schedule "B" and referred to as the "Encroachment",
4. The Municipality agrees to permit the Encroachment to continue upon the Road
on certain terms and conditions as set out.
IN CONSIDERATION of other good and valuable consideration and the sum of
$2.00 of lawful money of Canada now paid by the Licensee to the Municipality (the
receipt whereof is hereby acknowledged) the Municipality grants, subject to the
provisions set forth, to the Licensee, a Licence to permit the Encroachment upon the
· lands of the Municipality, subject to the following provisions:
1. The term of this Licence shall be for the 5-year period from January 1, 2000 to
December 31, 2004 and shall expire on the earlier of:
(i) December 31, 2004, provided that, at the expiry of the term and at the
Licensee's request, Council of the Municipality may, at its discretion,
extend the term for such period of time and on such terms and
conditions as it deems advisable;
(ii) The date of removal of the Encroachment; or
(iii) The date of the sale or transfer of the lands described in Schedule "A",
unless the Municipality at the request of the purchaser or transferee of
the lands, approved an extension and assignment of this agreement and
the purchaser or transferee has executed and registered the extension
and assignment agreement prepared by the Municipality.
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SkingleylTolman Encroachment Agreement
Page 2 of 4
In the event of the Municipality at any time enacting a by-law levying a tax upon
all encroachments of buildings or other structures over, under or upon any
highway, street, lane, road allowance or easement in the Municipality, the
Licensee shall pay forthwith on demand whatever tax may be levied in respect
of the Encroachment over, under or upon the public highway,
The Licensee shall at its own cost, charge and expense and to the satisfaction
of the Municipality:
(i) Keep and maintain the Encroachment in a good and proper state of
repair and safety;
(ii) Make no additions or modifications to the Encroachment which are not
authorized or contemplated by this agreement; and
(iii) Comply with such further and additional requirements, as may be
required by the Municipality, acting reasonably,
4.
The Licensee shall at all times fully indemnify and save harmless the
Municipality against all actions, suits, claims and demands whatsoever which
may be brought against or made upon the Municipality and from and against all
loss, costs, damages, charges and expenses whatsoever which may be
incurred, sustained or paid by the Municipality for or by reason of or on account
of the permission hereby granted to the Licensee or the exercise by the
Licensee of such permission or the erection and maintenance of the
Encroachment and appurtenances thereto or anything in any matter relating
thereto, and the Licensee hereby grants to the Municipality full power and
authority to settle any such actions, suits, claims or demands on such terms as
the Municipality may deem advisable and the Licensee hereby covenants and
agrees with the Municipality to forthwith pay to the Municipality on demand all
moneys paid by the Municipality in pursuance of any such settlement and also
such sum as shall represent the reasonable costs of the Municipality or its
solicitors in defending or settling any such actions, suits, claims or demands,
based on a solicitor and own client basis.
5.
The Licensee covenants and agrees to provide the Municipality with a
certificate of general liability insurance, on or before execution of this
agreement, covering the Licensee and the Municipality in respect of the lands
subject to the Encroachment during the term of this agreement and any
extensions authorized by the Council of the Municipality to the extent of not less
than $1,000,000,00 inclusive of all injuries or death to person and damage to
property of others arising from anyone occurrence. The Municipality is to be
an added insured under the insurance policy. Without limiting the generality of
the foregoing, such public liability insurance shall contain provisions for cross-
liability and severability of interests and further that the policy will not be
changed or amended in any way or cancelled until gO days after written notice
of such change or cancellation shall have been given to the Municipality,
6.
Where, in the opinion of the Municipality, it is necessary to remove or alter the
Encroachment or part thereof, the Licensee shall, at its own cost, charge and
expense, and to the satisfaction of the Municipality, alter or remove the
Encroachment or any part thereof from the Road, and restore the affected area
upon receiving notice in writing from the Municipality to do, without being
entitled to any compensation whatsoever for such alteration or removal and
restoration, If the Licensee neglects, refuses or fails so to do within 90 days of
receiving the aforesaid notice to alter or remove, then the Municipality may alter
the Encroachment or parts thereof from the Road, as determined by the
Municipality at the cost, charge and expense of the Licensee and the certificate
of the Municipality as to the cost of such alteration or removal and restoration
shall be final and binding upon the Licensee and the Municipality may recover
such costs from the Licensee in like manner as taxes.
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SkingleylTolman Encroachment Agreement
Page 3 of4
Nothing contained herein shall be construed as giving to the Licensee anything
more than permission to erect and maintain the Encroachment until such time
as this agreement expires or is terminated or the removal of such
Encroachment may be required as provided.
The parties acknowledge and agree that no length of time of, or enjoyment by
the Licensee of the permission granted herein shall enure to, or give any right,
title or interest to the Licensee or its successors in title, in the Road or any right
to maintain the proposed Encroachment over, under or upon the Road, or shall
deprive the Municipality by the operation of any limitation period or otherwise of
any right to require the removal of the Encroachment or any restoration of the
Road to the satisfaction of the Municipality at the Licensee's expense,
9. The Licensee hereby covenants and agrees that at the time that the
Encroachment is removed in whole or in part, or is in need of replacement, and
in any event, upon the expiry or termination of this agreement, that the works
formerly comprising such Encroachment shall be removed, at the Licensee's
sole expense, so that they are located entirely off the Road and at such time,
this agreement shall become null and void and be of no further effect.
10. The Licensee covenants and agrees that the Municipality, and its respective
officers, servants, workers, employees, agents and contractors under its control
or supervision or any of them shall have the right from time to time and at all
reasonable times during the currency of this agreement, to enter in and upon
the lands described in Schedule "A" or any part thereof, with all necessary
workers, plant, equipment and material for the purpose of inspecting, altering or
removing the Encroachment from the Road in accordance with this agreement.
Such inspection shall not free or relieve the Licensee in any way whatsoever
from the liability under the covenant set out to keep and maintain the
Encroachment in good and proper repair and condition.
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11. The parties acknowledge and agree that this Licence does not in any way
whatsoever diminish the rights of the Municipality, or any gas, telephone,
telegraph, electric light or other public utility company, their respeCtive officers,
servants, workers, employees, agents and contractors, to enter at all times
upon the Road for the purpose of constructing, repairing, maintaining, replacing
or removing any sewers, mains, culverts, drains, water pipes, poles, wires or
otherwise underground services and installations and appurtenances thereto.
The Licensee shall not be entitled to any damages or compensation by reason
of the exercise of the Municipality or utility company's rights contained in this
clause and the Licensee at its own expense shall carry out such alteration or
removal of the Encroachment as the Municipality may direct pursuant to the
exercise of the Municipality's or utility company's rights,
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12. The Licensee agrees that any and all costs, sums and expenses paid, incurred
or sustained by the Municipality as herein provided shall form and constitute a
charge or lien on the lands set out in Schedule "A" attached hereto, until fully
paid.
13. The Licensee covenants and agrees not to assign or to transfer this agreement
to any successor or assignee of the premises described in Schedule "A"
without the consent of the Municipality and if such assignment is agreed the
Licensee will obtain from such successor or assignee a covenant in favour of
the Municipality that the successor or assignee will be bound by all of the terms
and conditions of this agreement from and after the date of its assignment as
aforesaid, it being the intention that the owner from time to time of the lands
and premises described in Schedule "A" shall have the benefit of and be liable
for performance of the obligations contained in this agreement.
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SkingleylTolman Encroachment Agreement
Page 4 of 4
The Licensee agrees that for the purpose of this agreement, notice may be
given to the Licensee by mailing the same, by prepaid registered mail,
addressed to the Licensee at its address as last known to the Municipality
pursuant to the most recent revised assessment rolls, Such notice shall be
deemed to have been received by the Licensee 7 days following the date when
it was handed to the post office.
14,
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15, The Licensee agrees to pay to the Municipality prior to the execution of this
agreement, the sum of $250.00, being administration fees to the Municipality to
defray the cost of preparing, registering and administering this agreement, and
shall further pay to the Municipality an annual fee of $ 100,00 during each year
of the term of this agreement. The first such annual payment to be made at the
time this agreement is executed by the Licensee and the subsequent payments'
to be billed annually to the owners on the municipal tax bill.
16. The Licensee consents to the registration of this agreement against the title to
the lands described in Schedule "A" attached hereto.
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17. The Licensee shall, at all times during the life of this license agreement, be
subject to all laws, by-laws and regulations now or hereinafter enacted, to all
statutes, orders and rules made or to be made by a lawfully constituted
authority having jurisdiction therein.
18. This agreement and everything herein contained shall run with the lands
described in Schedule "A" and enure to the benefit of and be binding upon the
parties, their heirs, executors, administrators, successors and assigns.
19, This agreement shall be read with all changes of gender or number required by
the context.
IN WITNESS WHEREOF the parties have set their hands and corporate seals
attested by the hands of their respective officers duly authorized in that behalf.
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Virginl6 Tolman
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: ~.:--' -
...- Gord Thompson
-
Mayor
Per: ? ~
Rosaline Graham - Clerk
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SCHEDULE "A"
·PROPERTY KNOWN AS LOT 22, PLAN 372, WEST SIDE
OF LAKE STREET IN THE TOWNPLOT OF
INVERHURON, MUNICIPALITY OF KINCARDINE,
(FORMER TOWNSHIP OF BRUCE), COUNTY OF
BRUCE."
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SCHEDULE "B"
LOT 22, PLAN 372
TOWNPLOT OF INVERHURON
FORMER TOWNSHIP OF BRUCE
MUNICIPALITY OF KINCARDINE
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1Id~rovince
tI§J Ontario
Document General
FOml 4 " land Registration Retoml Act
TlIB UPPER CANADA DoclIMENJ CoMPANY
1-lf77-4-UC-DQCS _.ucdocs.neI
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(1) Registry 181 Land TiUes D
(3) Property Block
ldentlfter{s)
(2) Page 1 of 6 pages
Property
Additional:
See
Sdledule D
CERTIFICATE OF REGISTRATION
BRUCE (3) WALKERTOH
(4) Nature of Document
Encrochment Agreement
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~ REG!STRAR
Dollars $
(6) Description
Lot 22, Plan 372, West side of Lake Street, in the Townplot of
Inverhnron, Mnnicipallty of Kincardine, (former Township of Bruce),
Connty of Bruce.
New Property Identifiers
Additional:
See
Sdledule D
Executions
Additional:
See
Sdledule
(7) This
Document
Contains
(a) Redescription
New Easement
PlanlSketdl D
(b) Sdledule for:
Description D
Additional
Parties D
Other 181
(8) This Document provides as follows:
ee Encroachment Agreement attached.
Continued on Schedule D
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Date of Signature
Y M D
Name(s)
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Slgnature(s)
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707 Queen Street, KIncardine, Ontario N2Z lZ9
Date of Signature
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Name(s)
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Signature(s)
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(13) Address ,- / A / /
for Service ~ 0 ",t{ <. /-orvt" e#< c... I¡V. 6c. ":J' é" r'" &A/ "'. ¿? 14 r-- ,(? G ç...r'if
IMunlclpal Address of Property
cardine, Ontario
(15) Document Prepared by:
Brian J, Van De Vyvere
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG2VO
Fees and Tax
Registration Fee
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