HomeMy WebLinkAboutKIN 93 028 License - Wilson
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1993-28
A BY-LAW TO AUTHORIZE THE SIGNING OF A LICENSE AGREEMENT WITH
DONNA WILSON
WHEREAS the
Kincardine deems
agreement;
Council for The Corporation of the
it advisable to enter into a
Town of
license
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 Donna Wilson to allow for an
encroachment of structures and to permit her use of Town
lands being composed of Part of Lot 12, WIS Huron
Terrace, Original Plan of Penetangore.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Donna Wilson 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 "Wilson License Agreement
By-law" .
READ a FIRST and SECOND time this 6th day of May, 1993.
READ a THIRD time and FINALLY PASSED this 20th day of May,
1993.
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. Mayor
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~ I;¡.his AGREEMENT made this aD. . ,
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SCHEDULE
1993,
liB"
day of
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BET WEE N :
THE CORPORATXON OF THB TOWN OF KXNCARDXHB,
Hereinafter called the "Licensor"
OF THE FIRST PART
- and -
DONNA A. WILSON
Hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Licensee is the owner of the lands more particularly
described in Schedule "A" attached hereto (the "Licensee's Lands");
AND WHEREAS the Licensor
particularly described in
Licensor's Lands");
owner of the
"B" attached
lands
hereto
more
(the
is the
Schedule
AND WHEREAS there has been constructed on the Licensee's lands a
ramp and a concrete wall and a driveway which encroach onto the
Licensor's lands, as shown on the sketch attached hereto as
Schedule. "C" ;
AND WHEREAS the Licensee has requested permission from the Licensor
to maintain the said encroachments in their present position;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the annual licence 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:
1. Subject to the provisions of paragraphs 2, 3 and 4 of this
Agreement, the Licensor hereby grants to the Licensee
permission to maintain the said encroachments which permission
shall expire on the 31st day of December, 2013, unless renewed
on or before that date, but such encroachments shall be deemed
to be with the license of the Licensor to the intent that the
Licensee shall not acquire an easement therefor.
2. In the event that the said ramp or concrete wall is enlarged,
redeveloped, removed or substantially destroyed, the ramp or
concrete wall, whichever is applicable, shall be moved at the
Licensee's expense and the right to maintain the encroachment
by the ramp or concrete wall, whichever is applicable, shall
cease absolutely.
3. In the event that the said driveway is enlarged, redeveloped,
removed or substantially destroyed, the driveway shall be
moved at the Licensee's expense and the right to maintain the
encroachment by the driveway shall cease absolutely.
If for any valid reason the Licensor requires the use of the
lands on which the encroachments apply, then the Licensee
agrees that, upon receiving three months' written notice, that
she will cease to use the encroachments and that the Licensee
shall, at her own cost and expense and to the satisfaction of
the Licensor, remove forthwith the encroachments 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 encroachments.
4.
5.
The parties hereto agree that the boundary lines shall remain
the boundary between the two properties notwithstanding the
.
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6.
7.
8.
9.
10.
11.
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existence of the present encroachments and the Licensee shall
not acquire title by possession or prescription to any of the
lands of the Licensor upon which the encroachments are
constructed.
The Licensee agrees that if she shall transfer or convey the
said lands or any part thereof, the Licensee shall notify the
Clerk of the Licensee, in writing, of such transfer or
conveyance together with the name and address of the
transferee or purchaser.
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.
Should the Licensee wish to have the Agreement registered on
title, the Licensee may do this at the Licensee's expense, .naJ-
including costs of the reference plan, document preparation ~ .
and registration. ~l I~ ~~
Five. døllari ($5.~ U!j 10 7 ~
The annual licence fee shall be S9·...~Rq V'1iI g~ 1.1:11 ($75 OO)~
per year.
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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 her other than the Licensor, whether or
not in performance of this Agreement.
This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective sucessors and
assigns and shall run with the said lands owned by the
parties.
IN WITNESS WHEREOF the Licensee has hereto set her hand and seal
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
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THE CORPORATION OF THE TOWN OF
KINCARDINE
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Mayor, C
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SCHEDULE "An
FIRSTLY:
Part Lot 13, West side of Huron Terrace, Town of Kincardine, County
. of Bruce,
as described in Instrument Number 194704.
SECONDLY:
/
Part Lot 12, West side of Huron Terrace, Town of Kincardine, County
of Bruce, now shown as Part 1 on Reference Plan 3R- (the real
property being purchased by the purchaser).
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SCHEDULE "B"
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 on
Reference Plan 3R-5285.
SAVE AND EXCEPT that
Reference Plan 3R
Purchaser) .
part of said Lot 12 now shown as Part 1 on
(the real property being purchased by the
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SCHEDULE "C"
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