Loading...
HomeMy WebLinkAboutKIN 93 017 EN - Kin Real Estate . . 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. ~/ I!r;;;. 1-. This AGREEMENT made this~day of April, 1993. BETWEEN: . -and- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, L -; fJ~~ 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. . 2. ..,. 0 ~. Encroachment Agreement Kincardine Real Estate Limited Page 2 . 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 . ... /3 - '. . . 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 ) . ,....- ) Mayor - Charles W. nn ) ) J ( .. KINCARDINE REAL ESTATE T----8BÐ ...,C), " -~ ~ _____ 7 President - David MacKenzie - . .. -- ~ ~ _/- . - ,... . . . . 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. ". ... t· , ,. ~~~: .,. ·0" . - .... ~~ ,- . . ;~I¡o". SCJ.{p'r¡¡!T~P. f'.A ~ 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 . " . ~ ~"'.,. lIB", . .1,. 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 NJRTH SOJTH >- I <I '0 STOREY ,. g: w BLOCK BUILDING ~ ..) COR.O.H' "- SOUTH 0 I- '0 W e en W w .. a::: on l- e U? N ... ° '" 2: N " W W => 0 ---------._~ 1'161°24' 3S"W 100.0' .... w x .." !:! .0 ,w II: N ... ""0 " 0 ~~~ w '" N ,,0 W " ~'" " ~ .~ LOT LI "IE 12.0' - - '- - N61°i!.4'3S"W ~ __ ~__J" .._~_._.____ HEREBY <:ERTIFY THAT THIS PlAI IS <:ORRE<:T. DATED: MAY Isih. 1978 - " . lJL t: J#7I 1;/ JOHN <:. WOOD ONTARIO LAND SURVEYOR , '! z w W ::I 0 ..... 1I.. 0 0 ..J I- (f) « w N rn -~......-_. o ...J ~--- I- o ..J JOHN C. WOOD ONTAIIIO I.AHD SURVUOR '12, QUEEN SfAEET K'Mt~'U"'"(. ON"tArHo ttA l. E '-I 30' Jail KO. 1A 'f) 12: