HomeMy WebLinkAbout03 069 encroachment agree davey
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TIlE CORPORATION OF TIlE MUNICIPALITY OF KINC INE
NO. 2003 - 69
A BY·LAW TO RECOGNIZE AN ENCROACHMENT AGREE"'ENT WITH
KENNETH W. DAVEY AND DEBORAH A. DAVEY
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WHEREAS Section 9 (3) of The Municipal Act, 2001, S.0'1001, c. 25, as
amended, authorizes municipalities to pass by-laws respecti g matters and
imposing conditions as a requirement for obtaining permits;
AND WHEREAS the Corporation of the Township of Kincardine entered into an
agreement with Kenneth W. Davey and Deborah A. Davey allow for an
encroachment on the road allowance between Lots 30 and 31, ncession A, in
the former Township of Kincardine, now Municipality of Kincardin ;
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AND WHEREAS The Municipality of Kincardine wishes to recognize the
agreement between the Corporation of the Township of Kincardi e and Kenneth
W. Davey and Deborah A. Davey, to allow for the encroachm nt on the road
between Lots 30 and 31, Concession A, in the former Townshi of Kincardine,
now Municipality of Kincardine;
NOW THEREFORE the Council for The Corporation of the I· Municipality of
Kincardine ENACTS as follows: .
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1. The Municipality of Kincardine recognizes the agreeme~t between the
Corporation of the Township of Kincardine and Kenneth ¡W. Davey and
Deborah A. Davey made as of January 1, 1994. .
2. That this by-law shall come into full force and effect upon it final passage.
3. That this By-law may be cited as the "Davey Encroach ent Agreement
(Road Allowance between Lots 30 & 31, Concession A Wa 2) By-law".
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READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 21st day of May, 2003. I .
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THIS AGREEMENT made as of the 1st day of January, 1994.
BET WEE N :
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE
hereinafter called the "Corporation"
OF THE FIRST PART
- and -
KENNETH W. DAVEY and DEBORAH A.
DAVEY, both of the Township of
Kincardine, in the County of Bruce
hereinafter called the "Licensees"
OF THE SECOND PART
WHEREAS the Licensee is the owner of the lands more particularly
described as Lot 1, Plan 491, in the Township of Kincardine, in the
County of Bruce;
AND WHEREAS the Licensees have erected a garage on the said lands
which encroaches onto the road allowance between Lots 30 and 31,
Concession "A", in the Township of Kincardine;
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AND WHEREAS the Licensees have requested permission from the
Corporation to maintain the said encroachment in its present
position:
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
sum of FIVE THOUSAND DOLLARS ($5.,000.00) now paid by the Licensees
to the Corporation, the receipt of which is hereby by it
acknowledged, and in consideration of the mutual covenants and
agreements hereinafter contained, and subject to the terms and
conditions hereinafter set out, the parties agree as follows:
1 . The Corporation hereby grants to the Licensees (insofar as the
Corporation can legally do so) license and full permission and
authority to enter upon the Licensed Lands.
2. The term of this licence shall be for fifty (50) years
commencing on the 1st day of January, 1994 until the 31st day of
December, 2044.
3. The Licensees will pay to the Corporation an annual fee of
$100.00 which shall be payable on the 30th day of November in each
year during the term or any renewal thereof, commencing on the 30th
day of November, 1994.
4. The Licensees hereby covenant that they shall indemnify and
save harmless the Corporation 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 Licensee of the
permission hereby granted to maintain the said encroachment.
5. This Agreement may be renewed at the end of the term hereof
and at the end of the term of any renewal thereof for further "
successive terms of fifty (50) years each unless written notice of
termination is given by either party to the other at least one year
(365 days) prior to the expiration of the term or any renewal
thereof.
6.
The license shall be terminated as follows:
(a) at the end of the term hereof or at the end of the term
of any renewal thereof upon one party having given written
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notice of termination to the other at least 365 days prior to
the expiration of the term or any renewal thereof;
(b) thirty (30) days after the Corporation has given the
Licensees written notice that they are in default under
paragraph 3 of this Agreement provided that the Licensees have
not cured such default within such thirty (30) day period; or
(c) forthwith if the garage is so substantially destroyed as
to require rebuilding.
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,I 7. The Licensees shall not transfer or assign their interest in
this Agreement without the consent, in writing, of the Corporation
and the Corporation may require the payment of a fee as a condition
of granting such consent.
IN WITNESS WHEREOF the Corporation has hereto affixed its corporate
seal attested by the hands of the Reeve and the Clerk-Treasurer of
the Township of Kincardine, this day of
1994, and the Licensees have hereunto set their hands and seals
this day of , 1994.
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SIGNED, SEALED and DELIVERED
in the presence of
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) THE CORPORATION OF THE
) OF KINCARDINE
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) Weir Sheane, Reeve
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