HomeMy WebLinkAboutKIN 89 032 EN Agree - AMDU Ltd
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1989-32
BEING A BY-LAW TO EXECUTE AN ENCROACHMENT AGREEMENT FOR
THE PROPERTY CONSISTING OF PART OF LOT 9 ON THE WEST
SIDE OF QUEEN STREET, IN THE TOWN OF KINCARDINE
WHEREAS Amdu Limited have requested the Corporation of the Town
of Kinc~rdine to execute an agreement concerning the encroachment
of a bU11d1ng onto the Queen Street road allowance;
AND WHEREAS the Counc i 1 for The Cor por a t ion 0 f the Town 0 f
Kincardine deems it expedient to execute this agreement;
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, the
agreement with Amdu Limited concerning a building located on
part of Lot 9, west side of Queen Street and being more
particularly described on Schedule "A" attached hereto;
2. This by-law shall come into full force and effect upon the
date of its final passage.
READ a FIRST and SECOND time this 16th day of March, 1989.
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READ a THIRD time and FINALLY PASSED this 6th day o~",~.J?,~il ,
1989.
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J/w~ ;/ {MkM
Mayor
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BY-LAW NO. 1989-32
SCHEDULE "A"
All and singular that certain parcel or tract of land and
premises situate, lying and being in the Town of Kincardine,
County of Bruce, and being composed of part of Lot 9 on the west
S ide of Queen Street, in the said Town of Kincardine, and
described in the deed registered in the Registry Office for the
Registry Division of the County of Bruce as Number 8739, and
being more particularly described as follows:
COMMENCING at the North East angle of said Lot 9;
THENCE Southerly along the Easterly limit of the said lot a
distance of 44.5 feet;
THENCE in a westerly direction parallel to the Northerly limit of
the said lot to the Westerly limit of said lot;
THENCE in a North Westerly direction along the Westerly limit of
the said lot to the intersection with the northerly limit of the
said lot;
THENCE Easterly along the Northerly limit of the said lot to the
point of commencement.
The above description is subject to the following:
The Grantees, their heirs and assigns acknowledge that the lands
to the south of the building presently on the above described
property may be subject to a right-of-way because of use by
others and the grantees and their heirs and assigns agree that
they are purchasing the property at their own risk and with full
knowledge of the possible existence of the said right-of-way.
The Grantors give no warranty of exclusive title to the lands
south of the building. It is acknowledged by the grantees, their
heirs and assigns, that it is the sole responsibility of the said
grantees, their heirs and assigns to dispute the rights of anyone
to use the said possible right-of-way.
As described in Instrument No. 158241.
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THIS AGREEMENT made the 6 th day of JMøX'1!t1X, 1989.
BET WEE N:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Corporation"
OF THE FIRST PAR
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RICHARD ALLEN HEWITT,
hereinafter called the "Licensee"
OF THE SECOND PAR
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 for many
years a one-storey dwelling which encroaches onto Queen Street road allowance
by 1.35 feet, the encroachment being further shown on the survey attached
hereto as Schedule "B";
AND WHEREAS the Licensee has requested permission from the
Corporation to maintain the said encroachment in its present position;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements hereinafter contained and the sum of One
($1.00) Dollar now paid by the Licensee to the Corporation (the receipt
whereof is hereby by it acknowledged), the parties hereto agree as follows:
1. The Corporation hereby grants to the Licensee permission to
maintain the said encroachment.
2. The Licensee covenants that he shall indemnify and save harmless
the Corporation 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. Unless renewed by the parties, this Agreement shall terminate upon
the earlier of the following:
(i) the substantial destruction of the one-storey dwelling house so as to
require re-building;
(ii) twenty (20) years from the date of the Corporation entering into this
Agreement.
4. If the Corporation should require the lands upon which the said
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building now sits for the purpose of improving or maintaining the said Queen
Street, then the Licensee shall cause the said encroachment to be removed at
his own expense within two (2) months from the date that The Corporation so
notified him in writing. The Corporation undertakes that such action shall b
undertaken only where no reasonable alternative exists.
5. This Agreement shall enure to the benefit of and be binding upon
the said parties hereto, their heirs, executors, administrators, successors
and assigns, respectively.
IN WITNESS WHEREOF the Corporation has hereto affixed its
corporate seal attested by the hands of its duly authorized officers, this
6 th day of A pri 1 ,1989, and the Licensee has hereunto set hi s hand and
seal this 6th day of April ,1989.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN OF
KINCARDINEl ." ;
Per: A :M/ (2 gg;;;;;:---_
D" - - - Mayor-:
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SCHEDULE "A"
Part of Lots 8 and g, West of Queen Street, Plan 4, Town of Kincardine, Count
of Bruce, designated as Parts 2, 3 and 4 on Reference Plan 3R-1653. TOGETHER
WITH a right of way over part of Lot 8 described as Part 5 on Reference Plan
3R-1653, and SUBJECT TO a right of way over part of Lot 8 described as Part 4
on Reference Plan 3R-1653. Said Part 2 on Reference Plan 3R-1653 being part
of said Lot 9 and Parts 3 and 4 on Reference Plan 3R-1653 being a part of said
Lot 8.
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PLA N ro ILLUSTRATE
LOCATION OF DWE L LING
SCHEDULE -8-
ON PAR T OF
LOTS 8 AN09 WEST OF QUEEN STREET
REGISTERED PLAN 4
TOWN OF KINCARDINE
COUNTY OF BRUCE
SCALE I" = 30'
I 9 8 0
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-I DEED LUtE -, FO.IB.
U61° 9'45'W ..' 154.53' l-
I W
\1.&' W
LOT LINE Q:
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'0 -. PÁHï.3 .. ÁI~i) .. EtlCllOACtII.S,' ."0 (J)
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cD JH - ¡ó 53 "0
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N61029'4S'W 154.13' W
I- DEED LINE FO.S.I.B. :::>
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I HEREBY CERrlFY THAT THIS PLAN IS CORRECT
DATED: APRIL 24th, 19BO.
OHTAR'O LAND SURVEYOR
JOHN C. WOOD
JO II C. WOOD
ONTARIO LAND SURVEYOR
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