HomeMy WebLinkAbout08 102 Gordon Scott 2008 Encroachment Agreement (Pt Lt 41 Lake Range)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 102
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT TO
PERMIT AN ENCROACHMENT ONTO MUNICIPAL PROPERTY
(Part Lot 41 Lake Range)
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a lower-tier municipality may pass by-laws, respecting
matters within the sphere of jurisdiction of highways, including parking and traffic
on highways;
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
has been requested to enter into an agreement to allow encroachments on
municipal property.
NOW THEREFORE the Corporation of the Municipality of Kincardine ENACTS
as follows:
1.
The owner of Part Lot 41, Lake Range, Municipality of Kincardine, is
hereby allowed to maintain and use the portion of the encroachment upon
municipal property subject to the Encroachment Agreement attached as
Schedule 'A' to this by-law.
2. The encroachment includes a cottage situated on the road allowance west
of Part Lot 41, Lake Range, as outlined on the map attached to the
agreement and shall be subject to the terms and conditions of the
encroachment agreement attached as Schedule 'A' to this by-law.
3. That the Mayor and CAO be authorized to sign, on behalf of the Council of
The Corporation of the Municipality of Kincardine, the Encroachment
Agreement with Gordon D. Scott. and to affix the corporate seal of the
Municipality of Kincardine.
4.
This by-law may be cited as the "Gordon Scott 2008 Encroachment
Agreement (pt Ll41, Lake Range) By-law".
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