HomeMy WebLinkAboutKIN 93 017 EN - Kin Real Estate
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1993-17
A BY-LAW TO AUTHORIZE THE SIGNING OF AN ENCROACHMENT AGREEMENT
WITH KINCARDINE REAL ESTATE LIMITED
WHEREAS the
Kincardine deems
agreement;
Council for The Corporation of the Town of
it advisable to enter into 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 Kincardine Real Estate Limited to allow
for an encroachment on Town lands.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Kincardine Real Estate Limited 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 "Kincardine Real Estate
Encroachment Agreement By-law".
READ a FIRST and SECOND time this 18th day of March, 1993.
READ a THIRD time and FINALLY PASSED this 8th day of April,
1993.
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This AGREEMENT made this~day of April, 1993.
BETWEEN:
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THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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KINCARDINE REAL ESTATE L.l1~
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;
AND WHEREAS there has been erected, on the said lands, a
one storey block building. The Northwest corner of the
building encroaches onto the Town's road allowance for
Lambton Street by 0.17 feet as shown on the attached Survey
attached hereto as Schedule "B";
AND WHEREAS the Licensee has requested permission
Town to maintain the said encroachment in its
position;
from the
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 Licensee
to the Town and in consideration of an annual fee of ONE
DOLLAR ($1.00) payable by the Licensee 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 Licensee
permission to maintain the said encroachment which
permission shall expire on the 30th day of April, 2013
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 Licensee shall not
acquire an easement therefor.
The Licensee hereby agrees 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 against or made upon 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 Licensee of the permission 'hereby granted. The
Licensee hereby grants 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 Licensee in any action
by any person of actual damage suffered by reason of
the permission hereby granted by virtue of this
Agreement. The Licensee agrees 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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2.
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Encroachment Agreement
Kincardine Real Estate Limited
Page 2
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In the event the said building is enlarged,
redeveloped, removed or substantially destroyed, all
parts of the encroachment shall be moved at the
Licensee'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
Licensee agrees that, upon receiving three months
written notice, that they will cease to use the
encroachment and that the Licensee shall, at its 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.
3.
5. The parties hereto agree that the boundary lines shall
remain the boundary between the two properties,
notwithstanding the existence of the present
encroaching structure and the Licensee 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 Licensee agrees that, if it shall transfer or
convey the said lands or any part thereof, the
Licensee 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 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 know to the Town.
8. On or before execution of this Agreement, the Licensee
agrees to pay the Town's costs for the preparation of
this Agreement, title searches at the Registry Office
and the registration of this Agreement.
9. The Licensee agrees 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
done by the Licensee or any servant, 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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Encroachment Agreement
Kincardine Real Estate Limited
Page 3
IN WITNESS WHEREOF the Licensee has hereto affixed its
corporate seal under the hands of its duly authorized
officers in that behalf 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
)
) THE CORPORATION OF THE TOWIll
) OF KINCARDINE
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) Mayor - Charles W. nn
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KINCARDINE REAL ESTATE
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President - David MacKenzie
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SCHEDULE "A"
Part Lot 1, East side of Queen Street, in the Town of Kincardine,
in the Coun of Bruce, being more particularly described as
follows:
COMMENCING to measure at the Northwest angle of said Lot Ii
THENCE South along the Western boundary of said Lot, 49 feet to a
point;
THENCE in an Easterly direction in a straight line parallel with
the Northern oundary of the said Lot, 100 feet to a point:
THENCE South n a straight line parallel with the Easterly boundary
of the said j t, 50 feet more or less to the Southern boundary of
the said Lot;
THENCE East arong the Southern boundary of said Lot a distance of
12 feet: I
THENCE in a Nirtherly direction parallel to the Westerly boundary
of the said Lot to the Northern boundary of said Lot;
THENCE Weste Ily along the Northern boundary of said Lot to the
place of begi ning.
As described on Instrument No. 278263.
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LOT lEAST SIDE OF QUEEN ST.
TOWN PLOT OF PENETANGORE
TOW N OF KIN CAR 0 IN E
C 0 U NT Y OF B Rue E
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PLAN ToiL LUST~AT E
LO CAT ION OF B U I L DIN G
ON PAR T OF
SCALE I" = 30'
lAMBTON STREET
N61024'3S''W 112.0'
'2.0'
COA. o.n' IN ST. ·117574 COR.O.IT
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HEREBY <:ERTIFY THAT THIS PlAI IS <:ORRE<:T.
DATED:
MAY Isih. 1978
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1;/ JOHN <:. WOOD
ONTARIO LAND SURVEYOR
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JOHN C. WOOD
ONTAIIIO I.AHD SURVUOR
'12, QUEEN SfAEET
K'Mt~'U"'"(. ON"tArHo
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