The URL can be used to link to this page

Home My WebLink AboutKIN 91 035 Finlayson Agree THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1991-35 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH DIANE CHRISTINE FINLAYSON AND MARK ALEXANDER FINLAYSON. WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with Diane Christine Finlayson and Mark Alexander Finalyson respecting an encroachment on Town lands and premises. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute, on behalf of The Corporation of the Town of Kincardine, an agreement with Diane Christine Finlayson and Mark Alexander Finlayson respecting an encroachment on Town lands and premises more particularly described as Lot 10 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 "Finlayson Encroachment Agreement By-law". READ a FIRST and SECOND time this 21st day of March, 1991. 1 L ¡J jjdvnv Mayor READ a THIRD time and FINALLY PASSED this 18th day of April, 1991. ~/lta9Jk Mayor . ¡""Mil" "W, § - 'i~ ~:ov¡nce ~,. -...,- Ontario , Document General . UForm 4 - lone! RegIoI..llon Relorm Acl. 1984 V o . - '- .';" - 279139 (11 RogIIIry ŒJ (3) Property ldenllfter(sl Lone! Tilles 0 (2) Page 1 01 4 pages ,. Block Properly Additional' See 0 Schedule Number CERTIFICATE OF REGISTRATION (4) Nalure 01 Documenl ENCROACHMENT AGREEMENT '91 8EP -f1 ¡(If' :09 C ICan Dona.. S Land Regltlrar (61 Description The westerly 58 feet in perpendicular width throughout from front to rear of lot 10 on the South side of Broaaway Street West, Plan 4, Town of Kincardine, County of Bruce. Additional: ·,.,.:,~~hedute 0 As previously described in Instrument No. 273080. Addl_al: See 0 Sc_1e (7IT.... DocumenI eo.-. Ca) Redescription NewE_t PlenlSkelch ! Cb) Schedute for: I o i Description 0 . AddltionBI Parties 0 Other KJ (81 ThIo Document proYIdeo .. folio...: An Encroachment Agreement between Diane Christine Finlayson and Mark Alexander Finlayson and The Corporation of the Town of Kincardine. Continued on Schedule 0 (liT.... Documenl relateB 10 InBlrumen! number(BI (101 Par\y(lasl (Set out Status or Interest) Nlrne(s) Slgnalure(s) .. .~~~~~~~~~ .~i~~~ ~~r~~~~~~................. · . '~~~~~~~~~" .,,!~r.k. !,.l~?I~~~!!~. . . . . . . . . . . . . . . . . . · . . ~~ .~~~i.r: .s.o.l.i.c.i.t.o.r. .F~~~!!~~~~. ~:. ~~ ~ ~~'!~ .~s~.. (licensee) DBIe of Signature Y M D I : I ! I .... ,.,......,..... ··1···· .J.. 'I'" I " . : ....., .......,... ..,...... .1.. ,',.:.. .!... I :: . " . . . . . . . . . . . . . . . . . i .1.~~1. iq~ .jq~ I ! I I ¡ 1 . . I (11) Addr..s lor Sarwlce 282 Broadway Street, Kincardine, Ontario N2Z 2X9 (12) Par\y(les) (Set oul Stalus or Inleresl' Namecs) i ceDsor.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Y M D 1 : ¡ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . l . . .1. . . I : 1 J I , ., , 'I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . r . . '.' . . I ¡ I I : I ··································[·····¡··T .. Signature(s) · . . THE. COl~PORATION .OF. .tHE J.o.wN. DF. KI"CARDI"E. . ............................................ . (13) Address lor Sentce 707 Queen Street, Kincardine, Ontario N2Z lZ9 (14) Municipal Address 01 proporty 282 Broadway Street Kincardine, Ontario N2Z 2X9 (151_IP~b" ~ Frederick S. Wilson, Esq. z WEYllE, WILSON ~ Barristers and Solicitors ~ P.O. Box 8, 281 Durham Street w u Kincardine, Ontario N2Z 2Y6 ~ (519) 396-3458 ~ a: ~ Fees and Tax Registration Feo L,1'¡' lJ.::J-'D () ;9 ToI8I ~..:>~ DO' . . ·u :2- v This AGREEMENT made this 4th day of April, 1991. BETWEEN: THE CORPORATION OF THE TOWN OJ!' KINCARDINE hereinafter called the "ToWn" of the First Part, -and- DIANE CHRISTINE FINLAYSON HARK ALDANDER FINLAYSON herinafter called the "Licensees", of the Second Part. WHEREAS the Licensees represent that they are the owners of certain lands and premises in the Town of Kincardine" in the County of Bruce, fronting on the south side of Broadway street in the said Town of Kincardine, more particularly described as the westerly 58 feet throughout from front to rear of Lot 10 on the south side of Broadway street West, Plan 4, Town of Kincardine, County of Bruce, as joint tenants; AND WHEREAS it has been ascertained that there is an asphalt driveway on the said lands and premises which also partially encroaches on the easterly part of Lot 10, Plan 4 in the Town of Kincardine, County of Bruce;~ åedlcklx>CXixSlUllmÇJoet"ad1øci.J . , AND WHEREAS the sketch of survey ~cRsdk*BE prepared by John C. Wood, Ontario Land Surveyor, and is dated November 27, 1990'detai1s·the encroachments notedabove¡ AND WHEREAS the Licensees have requested permission from, the Town to maintain the said encroachment in its present 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: 1. The Town hereby grants to the Licensees permission to maintain the said encroachment which permission shall expire on the 3rd day of April, 2011 unless renewed on or before that date. 2. The Licensees covenant and agree with the Town as follows: (a) The Licensees will pay to the Town an annual fee of $1.00 which shall be due and payable on the 15th of November in each year during the term of this Agreement. (b) The Licensees shall indemnify and save harmless the Town from and against all loss or damage arising from the negligence of the Licensees 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 Licensees of the permission hereby granted to maintain the said encroachment. .../2 " " Page 4 of 4 Form 1 - land Transfer Tax Act . rrlÉ~A1"T~f'aE'=~Nr;~r\.OIII""'''''''''''_ I~e wfsterlv 5{"\et throughout from front to ré8r ·of lot 10 on the South siae Of 6roaaway ree west, Plan 4, lown of K1ncara1ne, County of Bruce BV__øt.._..1uII/ THE CORPORATION OF THE TOWN OF KINCARDINE TO/IN_,...__øt.._..1uII/ DIANE CHRISTINE FINLAYSON and MARK ALEXANDER FINLAYSON IlRt:iiRtcft1TiimvrlSON MAKE OATH AND SAV ntAT: .m (place. cleI1 mille within the.... øppoeIte thIIonI (1/", .......-....,A.... døIctIw....... rAIN ~ ,.. NInaIøn" . lal A person in trust for whom the land conveyed In the above-descrlbed conveyance Is being conveyed; . . (bl A trustee named in the above-descrlbed conveyance to whom the land Is being conveyed; [!I Cc) A transferee named in the 8bove-described conveyønce; o Cdl The authorized agent or solicitor acting In this trønsectlon for tt-f,....,.., øI~ described in peragrephCs) la). (b), Ic) above; .....,.,.,..,10,..... u ~r,,~ o lei The President. Vice-President. Manager, Secreterv. Director. or Treasurer authorized to IICt for """1tImII(toI__.A.~ doscrlbedlnPBfll!lrophls1 101. Ibl. Ic) above;r-"'-'/OIn__ o If) A transferee described In paragraph( ) """"""_d""t-. (6)ot(c)......~ and am making this affidavit on my own behalf and on behalf of (InNtf raameøllpCKlN} who is my spouse described In paragraph ( t ,.".."onIrøne øt".,..",. ~ fIlIøtlt:l.....~ and as wch.1 høve personal knowledge of the facts herein deposed to. 2. (To Þo CØfIIP/BI«I"""" file YSIua .,Ih. _frxflle_ _ -,000}. I helve read and considered the definition of "single family resldence-.t out ¡nclause 111 )lja) of the Act. The land conveyed in the above-described conveyance o contains It leest one Ind not more thBn two ~ngla family rOlIdanœs. _ CI_ 2111Cdl __ an additional tax at the rllB of o....høIf of _ .... o does not contain a single family residence. cent upon the ....... of col'lllderetlon in ucea of S4OO.ooo where the convey· o contains more than two slngkl family residencea. (eN....... " lnee con"''' .. ..... one Md not mo... than two lingle family r8lidenC81. 3. I have read and considered the definitions of "non-resident c:orporatkm" and "norwesident peraon" set out respectively in clauses 1 t1 ~(f) and Ig) of the Act and each of the following persons to whom or in trust for whom the tend Is being conveyed In the aIJove.deøcribed conveyance is a "non-resident cOfporation" or 8 "norHesident person" as set out in the Act. (aø ~IM" MIll) None. 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION 18 AllOCATED AS FOllOWS: 101 Monies paid orto be paid In cosh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. s nil IblMortgagos (I) Assumed __and-...._____ . . . . . .. s ni 1 (II) Gi....en back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ ni 1 (c) Property transferred in exchange (dfJIa/I""" .......................... $ n t 1 . . ni 1 (d) Securities transferred to the value of (deW beIIMf . . . . . . . . . . . . . . . . . . . . . . .. $ (0) liens. Iogsclos.annultl..andmalntensncachorgostowhlch trenslBlIa..bjoct ....... Sni1 If) Other valuable consideration subject to land traOlfer tax {dtIW below} ............ s nil AI_ _So -... Igl VALUE OF LAND. BUILDING, FIXTURES AND GOOOWILl SUBJECT TO LAND TRANSFER TAX ITota/offa) ro If}} ........................ s nil s nil (hi VALUE OF ALL CHATTELS· Itomsof tangible porsonal pt'operty ~~=:r.~~T~~.~~~~~~~............................... Sni1 UI Other conskleration for transaction not included in (gl or (h) above ........................... $ n11 iii TOTAL CONSIDERATION .................................................. $ ni 1 6. If consideration is nominal. describe relationship between .rsnlferor and transferEtEtpnd st,te purpose of conveyance. (lee Insfrucfioft 6) Transferor and transferee are not related. See NO. . 8. If the considerstion is nominaJ..II the land ~ject to .~y encumbrance? No. 7. Other romarksand expllnaticli1Rr¡m~ !I!!t16I11¥n qrants permission to maintain an encroachment by the licensees on property 0'- he-corporat10n of the Town of Klncardlne. -..... ....,. - Sworn before mo altho Town of K i nc ard 1 ne, In tho County of Bruce, this Æ day of July, 1991. a~"'IIwIICII.-' . Cammlaa'-. eto., IInIce ~ ~ -- ~.., Wilson, Bartlll"'" & Sollc mmissioner for tak log Affidavits. etc. Expl.... April 10. 1893. n For land R8{Islry Ofllca Uaa Only . RIIIotnIIøn No. 1 ! . for F. S Property Information Record --€~~~-r-A6'R~~. .. A. Doscribenaturooflnstrumont: 9.. il IiIIIIHtltl. 1 . iJ'rr" . t B. iii Address of property being convoyed (II_ t . Not assigned. Assessment Roll No. /I_ Not assigned. Ulng address(es) for future Notices of Assessment under the Assessment Act for Pfoperty being ....YSy8d(_-..ctton7) Not appHcab1e. R" l.........o.te Land _ 0ItI00 No. D. () Registration number for IBs' convayanca of property baing conveyed /I _ Not app 11 cab 1 liillegal description of proporty conveyed: Sarna ..In D.() above. VOID No 0 Not known eg E. Name{s) and addressCes) of each transferee's solicitor F. S. Wilson. Messrs. Wey1ie, Wi1son,281 Durham Street, P.O. Box 8, Kincardine, Ontario N2Z 2Yb , School Tax Support (Voluntary Elecllonl See "werae for a.planallon (al Ale sO individual transferees Roman CalhoIic ? VOID No 0 (b) " Ves. do all individual transfereos wish to be Roman CalhoIIc ~8Ie School Suppcxtora? VOID No 0 (c) Do aIIlndividuol transferees hove Franch Longuaoo Educaliøn RighI¡? VOID NoD (d) . V... do .. ~ueI transfer... wIoh 10 --" .,. _ ~ School Board (whoro tISIabIiihod)? VesO No 0 NOTE: As.. (e) ~d...1and boIng .........d.. be.......... ... F_ PuI>Ic _ _.. _ .- __ _ In (a) and (b). ....., - u v '5 ji:¡: Encroachment Agreement April 4, 1991 Page 2 .; 3. In the' event the said driveway is removed or sUbstantially destroyed, all parts of the encroachment shall be moved at the Licensees' 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 Licensees agree 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. t , .,. tf¡ 4. if 5. 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 WHBRBOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 4th day of April, 1991. The Licensees have hereunto set their hands and seals this ~ day of (1\,,:0 , 1991 . SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE ~Dr"I 7....~f.. j~ d~~~ Mayor - Donna 1\" WJ. I!!.0n ~~~"'" ) ) ) ~ Ma~~~~laYSOn . 1 ~ J ~ This AGREEMENT made this 4th day of April, 1991. . . ,.:4 <'-" BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- DIANE CHRISTINE FINLAYSON MARK ALEXANDER FINLAYSON herinafter called the "Licensees", of the Second Part. WHEREAS the Licensees represent that they are the owners of certain lands and premises in the Town of Kincardine" in the County of Bruce, fronting on the south side of Broadway Street in the said Town of Kincardine, more particularly described as the westerly 58 feet throughout from front to rear of Lot 10 on the south side of Broadway Street West, Plan 4, Town of Kincardine, County of Bruce, as joint tenants; AND WHEREAS it has been ascertained that there is an asphalt driveway on the said lands and premises which also partially encroaches on the easterly part of Lot 10, Plan 4 in the Town of Kincardine, County of Bruce~ as shown on the sketch of survey attached; AND WHEREAS the sketch of survey attached was prepared by John c. Wood, ontario Land Surveyor, and is dated November 27, 1990; -- the Licensees have requested permission from maintain the said encroachment in its present AND WHEREAS the Town to position; NOW THEREFORE THIS AGRBEIŒNT 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: 1. The Town hereby grants to the Licensees permission to maintain the said encroachment which permission shall expire on the 3rd day of April, 2011 unless renewed on or before that date. 2. The Licensees covenant and agree with the Town as follows: (a) The Licensees will pay to the Town an annual fee of $1.00 which shall be due and payable on the 15th of November in each year during the term of this Agreement. (b) The Licensees shall indemnify and save harmless the Town from and against all loss or damage ar~s~ng from the negligence of the Licensees 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 Licensees of the permission hereby granted to maintain the said encroachment. .. ./2 ~~_. - , J . ~, ,- tÞ . ... ...~...... ;¥(IF''- Encroachment Agreement April 4, 1991 Page 2 In the event the said driveway is removed or substantially destroyed, all parts of the encroachment shall be moved at the Licensees' expense and this Agreement shall be terminated. 4. If for any valid reason the Town requires the use of the lands on which this encroachment applies, then the Licensees agree 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. 3. 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. IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 4th day of April, 1991. The Licensees ha;ue hereunto set their hands and seals this ~ day of ('\ ~1....lJ- , 1991 . 5. of and be respective the said SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE k . . /J ,;.'...'.'.... ~'yor - Dlin{a~ ~~~-----._--_ ::= - = - ~bcrr, r-1G.1' Ie: ... , ,/".--.... ..... ~~ t1~~ ) ) ) ¡ Ma~16!l'~laYSOn ~~ ~