HomeMy WebLinkAboutKIN 88 040 EN - Bieman
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1988-40
BEING A BY-LAW TO EXECUTE AN ENCROACHMENT AGREEMENT FOR
THE NORTH HALF OF LOT 19. SOUTH SIDE OF BROADWAY
STREET. REGISTERED PLAN 4. TOWN OF KINCARDINE. COUNTY
OF BRUCE
WHEREAS Douglas John Bieman has requested the Corporation of the
Town of Kincardine to execute an agreement concerning the
encroachment of a building onto the Broadway Street road
allowance;
AND WHEREAS the Council for The Corporation of the Town of
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 c ler k are he reby author i zed to execute, on
behalf of The Corporation of the Town of Kincard ine, the
agreement with Douglas John Bieman concerning a building
located on the north half of Lot 19, south side of Broadway
Street, Registered Plan 4, in the Town of Kincardine and
which encroaches onto the Broadway Street Road Allowance.-,
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 19th day of May, 1988.
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Mayor
Deputy- Clerk
READ a THIRD time and FINALLY PASSED this 19th day of May
1988.
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Dep~ty-Clerk
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THIS AGREEMENT made this 20th day of May, 1988,
BET WEE N :
THE CORPORATION OF THE TOWN OF
KINCARDINE,
Hereinafter called "The Corporation"
OF THE FIRST PART
- AND -
DOUGLAS JOHN BIEMAN,
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 for
many years a two-storey duplex which encroaches onto the Broadway
road allowance by a maximum of 1.0 feet which encroachment is
further shown on the survey attached hereto as Schedule "B":
AND WHEREAS there is also shown on the said survey a block
garage which no longer exists at the date hereof:
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 DOLLAR ($1.00) now paid by 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 tha t 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 c~aims 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. If The corporation should require the lands upon which the
said two-storey duplex now sits for the purpose of improving or
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maintaining the said Broadway street the Licensee shall cause the
said encroachment to be removed at his own expense within two
months frm the date that The Corporation so notIfies him in
writing.
The Corporation undertakes that such action shall be
undertaken only where no reasonable alternative exists.
4. Unless renewed by the parties, this Agreement shall
terminate upon the earlier of the following:
(i) the 2Øth day of May, 2ØØ8: or
(ii). the substantial destruction of the said two'"'storey
duplex so as to require re-building.
5. This Agreement shall enure to the benefit of and be binding
upon the said pa-rties hereto, their heirs, executors,
administrators, successors and assigns, respectively.
IN WITNESS WHEREOF The Corporation hereto affixed its
corporate seal attested by the hands of its duly authorized
officers this 19th day of
May,
1988, and The
Licensee has hereunto set his hand and seal this
day of
1988.
SXGNED, SEALED AND DELIVERED)
in the presence of
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SCHEDULE 'A'
North half of Lot 19, South side of Broadway Street, Registered
Plan 4, Town of Kincardine, County of Bruce
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PLAN lolLLUSTRATE
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LOCATION OF DWELLING
OU PAR - OF
SCHEDULE "Bit
LOT 19 SOUTH SIDE OF BROADWAY
REGISTERED PLAN 4
TOW N OF KINCARDINE
COUNTY OF BRUCE
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LOT 18
LOT 19
e. HE,REBt CERTIFY THAT THIS PlAN IS CORRECT
DATED: ,AUGUST 9th, 1979, ~ /I, '"
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/' JOHN C. WC"'~
(. CNTARIO LAND SURVEYOR
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