HomeMy WebLinkAboutKIN 96 063 Agree-Walden Licence
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAN NO. 1996-63
A BY-LAW TO AUTHORIZE THE SIGNING OF A LICENSE AGREEMENT
WITH DALE AND JILL WALDEN.
WHEREAS the Council for The
Town of Kincardine deems it advisable
agreement with Dale and Jill Walden;
Corporation of the
to enter into a licence
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
a license agreement with Dale and Jill Walden to provide
for an encroachment onto Town property;
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
license agreement with Dale and Jill Walden 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
Agreement By-law".
"Walden License
be
cited as the
READ a FIRST and SECOND time this 15th day of August, 1996.
READ a THIRD time and FINALLY PASSED this 15th day of August,
1996.
~~
Mayor
THIS AGREEMENT made this 26th day of August, 1996.
BETWEEN:
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THE CORPORATION OF THE TOWN OF KINCARDINE.
hereinafter call the "Licensor"
OF THE FIRST PART
- and -
DALE HAROLD WALDEN and MARY JILL CATHERINE
WALDEN
hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Licensee is the owner of the lands known more
particularly described in Schedule "A" attached hereto (the
"Licensee's Lands");
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AND WHEREAS the Licensor is the owner of the
particularly described in Schedule "B" attached
" Licensor's Lands");
lands more
hereto (the
AND WHEREAS there has been constructed on the Licensee's
lands a set of stairs which encroach onto the Licensor's
lands, as shown on the sketch attached hereto as Schedule
IIC" ;
AND WHEREAS the Licensee has requested permission from the
Licensor to maintain the said encroachment in its present
position;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the annual license fee payable by the
Licensee to the Licensor each year on the anniversary date
of this Agreement, the parties hereto covenant, promise and
agree with each other as follows:
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Subject to the provisions of paragraphs 2 and 3 of
this Agreement, the Licensor hereby grants to the
Licensee permission to maintain the said encroachment
which permission shall expire on the 31st day of
December, 2016, uþless renewed on or before that date,
but such encroachment shall be deemed to be with the
license of the, I.icensor to the intent that the
Licensee shall not'~cquire an easement therefor.
2. In the event that the said stairway is enlarged,
redeveloped, removed or substantially destroyed, the
stairway shall be moved at the Licensee's expense and
the right to maintain the encroachment by the stairway
shall cease absolutely.
1.
3.
If for any valid reason the Licensor requires the use
of the lands on which the encroachment applies, then
the Licensee agrees that, upon receiving three months'
written notice, that he/she will cease to use the
encroachment and that the Licensee shall, at his/her
own cost and expense to the satisfaction of the
Licensor, remove forthwith the encroachment from the
Licensor's Lands and it is agreed that the Licensor
shall not be liable to pay any compensation whatever
for or in respect of the said encroachment.
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4.
The parties hereto agree that the boundary lines shall
remain the boundary between the two properties
notwithstanding the existence of the present
encroachment and the Licensee shall not acquire title
by possession or prescription to any of the lands of
the Licensor upon which the encroachment is
constructed.
5. The Licensee agrees that if he/she shall transfer or
convey the said lands or any part thereof, the
Licensee shall notify the Clerk of the Licensor, in
writing, of such transfer or conveyance together with
the name and address of the transferee or purchaser.
6. The Licensee agrees that any notice required to be
given by this Agreement may be given to the Licensee
by mailing the same, post paid, addressed to the
Licensee at the address last known to the Licensor.
7.
Should the Licensee which to have this Agreement
registered on title, the Licensee may do so at the
Licensee's expense, including costs of the reference
plan, document preparation and registration.
8.
The annual license
($15.00) [based on
stairway encroachment
dollars
existing
fee shall be fifteen
square footage of the
of 300 square feet].
9. The Licensee agrees to indemnify the Licensor, 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
done by the Licensee or any servant, contractor or
agent of him/her other than the Licensor, whether or
not in performance of this Agreement.
10. This Agreement shall enure to the benefit of and be
binding upon the parties hereto and their respective
successors and assigns and shall run with the said
lands owned by the parties.
IN WI'nœSS WHEREOF the Licensee has hereunto set his/her
hand and sale and the corporate seal of the Licensor has
been affixed by its proper officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE TOWN'
) OF KINCARD-ù:æ:..---..-...~ ,~-
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~~Charles w. ManIi~~~-~or -=-._-<~'3;~/
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i ,"[tilt"re. Clerk
) DALE HAROLD ALDEN
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tIJ¡/J~ a/I ¿//U<-ß r:J~/ú J
MARY IIf' CATHERINE WALDEN
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SCHEDULE -A-
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All and singular that certain parcel or tract of land,
lying, being and situate in the Town of Kincardine, County
of Bruce, being part lot 13, part lot 14, Plan 61, and
known municipally as 634 Huron Terrace, Kincardine.
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SCHEDULE -B-
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Part Lot 11 and all of Lot 12, West side of Huron Terrace,
Townplot of Penetangore, and Part of the "Railway Reserve",
Town of Kincardine, County of Bruce designated as Parts 1
and 2 or Reference Plan 3R-5285.
SAVE AND EXCEPT that part of said Lot 12 now shown as Part
1 on Reference Plan 3R-5930.
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SCHEDULE "C"
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