HomeMy WebLinkAboutKIN 96 008 EN - Matheson
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THE CORPORA TION OF TH E TOWN OF KI NCARDINE
BY-LAW
BY-LAW NO. 1996-8
A BY-LAW TO AUTHORIZE THE SIGNING OF AN ENCROACHMENT AGREEMENT
WITH THE DONALD AND GLYNDA MATHESON
WHEREAS the
Kincardine deems
agreement with the
Council for The Corporation
it advisable to enter into
Donald and Glynda Matheson;
of the Town of
an encroachment
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with Donald and Glynda Matheson to allow for
the encroachment of a cedar hedge on to the Town's road
allowance.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Donald and Glynda Matheson which is
attached to this by-law and to affix the Town's Corporate
seal as and when required.
3 .
This by-law shall come into full force and effect upon
its final passage.
4.
This by-law may be cited as the "Matheson Encroachment
Agreement By-law".
READ a FIRST and SECOND time this 4th day of January, 1996.
READ a THIRD time and FINALLY PASSED this 18th day of January,
1996.
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Mayor
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Clerk
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This AGREEMENT made this IHI. day of :JtLf1. , 1996.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
DONALD MATHESON AND GLYNDA MATHESON
(as joint tenants)
hereinafter called the "Licensees",
of the Second Part.
WHEREAS the Licensees are the owner of the lands, more
particularly described in Schedule "A" attached hereto;
AND WHEREAS there has been erected, on the said lands,
Cedar Hedge whicb Ji~nGro.aches ontQ:t-h1'!_T2wn'e road allowance
for Cedar Lane as shown on the attached Survey attached-
hereto as Schedule "B";
AND WHEREAS
the Town to
position;
the Licensees have requested permission from
maintain the said encroachment in its present
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the premises and the sum of TWO DOLLARS
($2.00) of lawful money of Canada, now paid by the
Licensees to the Town and in consideration of an annual fee
of ONE DOLLAR ($1.00) payable by the Licensees to the Town
each year on the anniversary date of this Agreement, the
parties hereto covenant, promise and agree with each other
as follows:
1.
Subject to the provisions of paragraphs 3 and 4 of
this Agreement, the Town hereby grants to the
Licensees permission to maintain the said encroachment
which permission shall expire on the 31st day of
January, 201~ unless renewed on or before that date,
but such encroachment shall be deemed to be with the
license of the Town to the intent that the Licensees
shall not acquire an easement therefor.
2 .
The Licensees hereby agree to save harmless and keep
indemnified the Town, on a solicitor and client basis,
against all actions, suits, claims and demands which
may _. be brought. "g"dp"t- ".... m""'e "pOD -the Town and from
all losses, costs, damages, charges or expenses which
may be incurred, sustained or paid by the Town in
consequence of the encroachment permitted by this
Agreement or otherwise by reason of the exercise of
the Licensees of the permission hereby granted. The
Licensees hereby grant to the Town full power and
authority to settle any such actions, suits, claims
and demands on such terms as the Town may deem
advisable and hereby covenants and agrees with the
Town to pay the Town, on demand, all moneys paid by
the Town in pursuance of such settlement and also such
sum as shall represent the reasonable costs of the
Town or its solicitor in defending any such actions,
suits, claims or demands, and this Agreement shall not
be alleged as a defence by the Licensees in any action
by any person of actual damage suffered by reason of
the permission hereby granted by virtue of this
Agreement. The Licensees agree that all costs,
charges and expenses paid by or incurred by the Town
as aforesaid shall form and constitute a charge or
lien on the said lands until discharged by payment
thereof.
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Matheson
Encroachment Agreement
Page 2
3.
In the event the said Cedar Hedge is enlarged,
redeveloped, removed or substantially destroyed, all
parts of the encroachment shall be moved at the
Licensees's expense and this Agreement shall be
terminated and the encroachment shall cease
absolutely.
4. If for any valid reason the Town requires the use of
the lands on which this encroachment applies, then the
Licensees agree that, upon receiving three months
written notice, that they will cease to use the
encroachment and that the Licensees shall, at their
own cost and expense and to the satisfaction of the
Town, remove forthwith the encroachment from the said
public highway and it is agreed that the Town shall
not be liable to pay any compensation whatever for or
in respect of the said encroachment.
5.
The parties hereto agree that the boundary lines shall
rem"in ..J:he _boundary_~l..<=.,,¡~-"the- two- pf"ð~~,__
notwithstanding the existence of the present
encroaching structure and the Licensees shall not
acquire title by possession or prescription to any of
the land of the Town upon which the encroaching
structure is built.
6. The Licensees agree that, if it shall transfer or
convey the said lands or any part thereof, the
Licensees shall notify the clerk of the Town, in
writing, of such transfer or conveyance together with
the name and address of the transferee or purchaser.
7. The Licensees agree that any notice required to be
given by this Agreement may be given to the Licensees
by mailing the same, post paid, addressed to the
Licensees at the address last known to the Town.
8.
On or before execution of this Agreement,
Licensees agree to pay the Town's costs for
preparation of this Agreement, title searches at
Registry Office and the registration of
Agreement.
the
the
the
this
9. The Licensees agree to indemnify the Town, its
servants and agents against any legal liability
arising out of the execution of this Agreement and for
losses, damages claims, actions, demands, suits and
costs arising directly or indirectly from anything
-- ~ ~ -ddn.."by the Li r"øneøø" ".... any..Ji'ir"ant,__contractor or
agent of it other than the Town, whether or not in
performance of this Agreement, and to provide proof of
public liability and property damage insurance for
this purpose in the names of itself and the Town in a
form approved by the Town's solicitor.
10.
This Agreement shall enure to the benefit
binding upon the parties hereto and their
successors and assigns and shall run with
land owned by the parties.
of and be
respective
the said
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Matheson
Encroachment Agreement
Page 3
IN WITNESS WHEREOF the Licensees have hereto set their
hands and the Town has hereunto affixed its corporate seal
under the hands of its mayor and clerk.
SIGNED, SEALED AND DELIVERED
in the presence of
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) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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Donald Matheson
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SCHEDULE "A"
All and singular that certain parcel or tract of land
lying, being and situate in the Town of Kincardine, County
of Bruce, and more particularly described as Park Part Lot
35, Registered Plan 4, Town of Kincardine, County of Bruce,
and known municipally as 6 Cedar Lane, Kincardine.
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