HomeMy WebLinkAboutKIN 92 020 EN -Chris McCullough
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
" """
. .
BY-LAW
BY-LAW NO. 1992-20
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH
CHRISTOPHER M. MCCULLOUGH.
WHEREAS the Council for The Corporation
Kincardine deems it expedient to enter into
Christopher M. McCullough;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
of the Town of
an agreement with
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the town of Kincardine, an
agreement with Christopher M. McCullough respecting an
encroachment on Town lands and premises more particularly
described as the South 43 feet in perpendicular width of
Lot 5, West side of Princes street, plan 4.
2. This by-law shall come into full force and effect upon
its final passage.
3. This by-law may be cited as the "Mccullough Encroachment
Agreement By-law". '
READ a FIRST and SECOND time this 6th day of February, 1992.
READ a THIRD time and FINALLY PASSED this 2nd day of
April, 1992.
~~~--/
J-"7
~:-
This AGREBIŒNT made this 20th day of February, 1992.
BETWEEN:
TUB CORPORATION OF TUB TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
.
-and-
CHRISTOPHER M. McCULLOUGH, of the Town of
Kincardine, in the County of Bruce,
hereinafter called the "Licensee",
of the Second Part.
WBBRBAS the Licensee is the owner of the lands, more
particularly described in Schedule "A" attached hereto;
AND WBBRBAS there has been erected, on the said lands, for
many years a frame dwelling house with a retaining wall,
which said retaining wall encroaches onto the Town's
princes street road allowance for 1.9 feet at the southerly
limit of the said wall and 2.0 feet at the northerly limit
of the said wall, as shown on the survey, a copy of which
is attached hereto as Schedule "B";
AND WBBRBAS the Licensee has requested permission
Town to maintain the said encroachment in its
position;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of other good and valuable consideration and
the sum of TWO DOLLARS ($2.00) of lawful money of Canada,
now paid by each of the two parties hereto, (the receipt
whereof is hereby acknowledged) the parties hereto
covenant, promise and agree with each other as follows:
from the
present
1. The Town hereby grants to the Licensee permission to
maintain the said encroachment which permission shall
expire on the 20th day of February, 2012 unless
renewed on or before that date.
.
2. The Licensee shall indemnify and save harmless the
Town from and against all loss or damage arising from
the negligence of the Licensee and from and against
all claims and demands, loss, costs or actions by
whomsoever brought based upon or arising out of the
existence of the said encroachment or by reason of the
exercise by the Licensee of the permission hereby
granted to maintain the said encroachment.
3. In the event the said encroachment is removed or
substantially destroyed, all parts of the encroachment
shall be moved at the Licensee's expense and this
Agreement shall be terminated.·
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 the Town will have the right to
remove it.
4.
.. ./2
.
'"
..
.
<
Encroachment Agreement
February 20, 1992
Page 2
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
land owned by the parties.
IN WITNESS WBBRBOP the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 20th day of February, 1992. The Licensee has hereunto
set his hand and seal this 20th day of February, 1992.
5.
SIGHED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
)
)
TUB CORPORATION OF TUB TOWN
OF KINCARDINE
,.' ,
:----=
~~~~
+. . . .~
~ ,,.I
.
.
.'iIIrIIaO..:
McCullough Bncroa.....hment Agreement
S\aUWOLB "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of
Kincardine, in the County of Bruce and Province of Ontario
and being composed of the South 43 feet in perpendicular
width of Lot 5, West side of Princes street, Plan 4.
01
~ ~
... 0 iï.
... 01
0: ..
~ l ~-
,.. U> Ii. I!
... . ".
> Z' .
0: U> ... 'I" ! f "" :!
" ... . : i o.
!i !!! ~
'" ... ¡IIi -;:¡ i ~
¡¡¡ ~ õ g I
z ~ 0.. 0: .~ : ,",; '" .j
0 .. 0: 11.2 :I ~
¡: . ~ " ID .. ... "
Z ~ '. . i ~ . ...
.. . .. f
. " : ... ß ¡¡: . . - u - ~i
, ..
" 0 0 ,.. ! J~ III ¡¡: . ·
. .J i! ¡¡; II: ~ ~ >= Ii ¡
... IB I . ..
.. ~ ~ ! . q~ ... ~ ·
... !i! U> u ·
" U> 1ß 0" fI'",. I . . I·
" ... ~
.. § J: frl.,· in III) 'Þ':
'" II: =0 ,'t J .... '~m - "
l) il~';l I ;1
'" " >- . ..
ID ..=~ l" ~ ; ~ i :t
"' :-.. ..... q;~ .. & ~ . ~
~ I~; oi.:l: .,
9 z: ::;.. i _!; if
,
.Ø' I.
n
, Ii
H'
ill
I'
.¡;
It;
t'J
.1;
1
i i l'
e~''''~~
- '"'"iT :II........,.
Ii
I!-
.¡.
:8;- ~..
"
~,
133l:U.S
S):)NIHd
. -_.-._--- ------ - --
/. ........_....1 ...at........
~ ,..._....14
_tn./lII'" - ...·u
.....
-
.....
,!
II 'fi ,L~II
:' i~: , ~ ': '!..'~;;
'Ii .....J., II " ! :1;
J:;: 11"t::; ¡I~
i 'r;:¡-::=- ¡ ,~...
ì PI! I~ I ~!
N\t1d!j T CI~U:-l~;; ~?lU
I,
.
i
;Ii~
- -
.
I
"
i
; !
ª :: ~
!
~
i
! .
S -t i
I
! :;
I !
¡ I
:¡
~;
h
to .!.('I1
, .
.); I
": :
}
.
.!.('\1 ¡
.!.::1:3ü.!.S
:;::J='tltthJ
..
;1=
.-,
:¡.
~.t
.<0
lS:JM
£.!.('11
.,. _ ItW"!"H-
,.....':.1;..
,...............,
;!I"" :1'"
.!.?I~U.!.S
.
N:1l'IIO
"0'
.0
.!.SV:I
~.l.('I'