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HomeMy WebLinkAboutBRU 91 009 agree en lt 17 pl372 ~ ~_Tœ or 'l'HK mIIIISBIP or BRuca BY-T.a. 110. 91-9 . BEING A BY-LAW to authorize an encroachment by the owners of Lot 17, Plan 372, Township of Bruce on to the adjoining Township road allowance and to enter into an agreement allowing such encroachment. WHEREAS pursuant to the Municipal Act, 1980, Chapter 302, s. 309, p. 3, municipalities may pass by-laws permitting persons to construct and maintain objects under highways on terms and conditions suitable to the municipality. AND WHEREAS Audrey Isobel Bird has requested the right to place a septic field on the road allowance owned by the Township of Bruce to the east of Lot 17, Plan 372, Township of Bruce, County of Bruce. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. That Audrey Isobel Bird be authorized field on the road allowance to the east Township of Bruce, County of Bruce. to install a septic of Lot 17, Plan 372, 2. That the installation of the system is conditional on the execution of the agreement attached hereto by Audrey Isobel Bird. 3. That this by-law and agreement be registered against Lot 17, Plan 372, Township of Bruce, County of Bruce. 4. That the Reeve and Clerk of the Township of Bruce are hereby authorized to execute the said agreement and affix the corporate seal as required. 5. That any person who contravenes any of the provisions of the agreement attached hereto is guilty of an offence and upon conviction by a court of competent jurisdiction is liable to a fine of not more than $2,000.00 recoverable pursuant to the provisions of the Provincial Offenses Act of Ontario. ...: . > .-.. " - -.- ~.-- -- THE CORPORATION OF THE TOWNSHIP OF BRUCE PAGE 2 BY-LAW NO. 91-9 By-law introduced- and read a First time this TWENTY-SIXTH day of MARCH, 1991. By-law read a Second time this TWENTY-SIXTH day of MARCH, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-9 this TWENTY-SIXTH day of MARCH, 1991. /5Wrv--- CLERK REEVE - ' SEAL .....~- -- - ".. ,.~- ~. - ~ . ". . . This agreement made this BET WEE N: THE CORPORATION OF THE TOWNSHIP OF BRUCE 1 (daYOf~ ,1991. Hereinafter referred to as the "Township", -and- Audrey Isobel Bird, of 5318 - 1A Avenue, Delta, British Columbia, V4M lC5 Hereinafter referred to as the "Licensee". WHEREAS the Licensee is the owner of the land, registered in the registry Office for the Registry Division for the county of Bruce, being Lot 17, Plan 372, Township of Bruce, County of Bruce. AND WHEREAS the Licensee has applied to the Township for permission to construct a septic field which would benefit the said land and be partially located under the adjoining road allowance which is under the jurisdiction of the Township. AND WHEREAS pursuant to the Municipal Act, 1980, Chapter 302, s. 309, p.3. Municipalities may pass by-laws permitting persons to construct and maintain objects under highways on terms and conditions suitable to the municipality. AND WHEREAS the Township has agreed to the installation on the terms and conditions hereinafter contained. NOW THEREFORE the parties hereto agree as follows: 1. The Licensee shall be permitted to install a septic field on the road allowance under the jurisdiction of the Township and lying to the East of the lands owned by the Licensee. 2. The Licensee shall be permitted to maintain and repair the system as required, from time to time in accordance with the terms of this agreement. 3. Before commencing such installation or maintenance on, in or under the road allowance, the Licensee shall file with the Township Road superintendent or the Clerk of the Township: (a) A plan prepared showing the proposed location on, in or under the road allowance. (b) Written specifications of the system specifying the dimensions thereof, the material comprising the same and the depths or heights to which such system is to be constructed or laid. As soon as received, the Township Road superintendent will study the said plans and specifications and will approve or disapprove of the same within fifteen (15) days of receipt thereof. In case the same are disapproved, he will so notify the Licensee immediately. If the same are approved, the Township without delay will issue a permit to the Licensee to proceed with the proposed work. 4. In the erection, construction or maintenance of the system, the Licensee shall use her best endeavours to minimize interference with the road allowance and shall promptly after excavation of any public property restore the same to its former condition at her expense. 5.(a) The Licensee will indemnify the Township and all persons and corporations making 'lse of such highway, from all loss, costs and damages which may be suffered by it, or any of them, by reason or on account of any matter or thing done, or purported to be done, under the provisions of this Agreement, or any neglect in the doing of the same. I.., -. .. ~ '# . .. 2 (b) The Licensee hereby grants to the Township full power and authority to settle any such actions, suits, claims and demands on such terms as the Township may reasonably deem advisable and hereby covenant and agree with the Township to pay to the Township on demand all moneys paid by the Township in pursuance of any such settlement and also such sum as shall~represent the reasonable costs of the Township or its solicitor in defending or settling any such actions, suits, claims or demands. (c) Notwithstanding anything herein contained, the system and all property of the Licensee at any time located on the road allowance shall remain the property of the Licensee and be at the sole risk of the Licensee. The Township shall not be liable for any loss or damage thereto and however occurring and the Licensee releases the Township from all claims and demands in respect of such loss or damage. 6. The Licensee shall upon receipt of one month's notice in writing from the Township at any time¡remove any of the system hereof should such removal be necessary in order to accommodate other works which the Township may desire to construct, it being understood that in such event, the entire cost for the same to be borne by the said Licensee. 7. The costs of any necessary emergency repairs undertaken by the Township arising as a result of the Licensee installations on Township property will be the responsibility of the Licensee. 8. This agreement is non-exclusive with respect to the rights authorized by the Township. 9. This Agreement shall be binding upon the administrators, legal representatives, successors and the parties thereto. executors, assigns of 10. The Licensee shall reimburse the Township for all its reasonable legal costs incurred in preparation of the Agreement. 11. For the purpose of enforcing this agreement the Licensee grants an irrevocable and unconditional right of access to her lands to the Township, its agents, employees and workmen. 12. In the event of the Township at any time enacting a by-law levying an annual tax upon all encroachments of buildings or other structures upon or over any highway, street or lane, in the Township, the Licensee will pay forthwith on demand whatever annual tax maybe levied in respect of the encroachment of the Licensee's systém upon or over the said public highway. 13. In the event of the Licensee transferring or selling the land mentioned herein or any part thereof, the Licensee shall forthwith notify in writing the Clerk of the Township of such transfer or sale together with the name and address of the transferee or purchaser. 14. That nothing herein contained shall Þe construed as giving to the Licensee anything more that permission (insofar as the Township can legally do so) to maintain the encroachment in its position as hereinbefore set out. 15. That all such costs, charges, and expenses so paid or incurred by the Township as aforesaid shall form and constitute a charge or lien on the said lands until fully discharged by payment thereof. 16. That this agreement may be registered against the lands of the Licensee as previously described. 17. That any notice required to be given to the Licensee may be mailed by prepaid regular mail to the Licensee at the address shown "- ... . "''t . I _I" 3 in the most revised assessment roll of the Township for the land owned by the Licensee. 18. That the Township may enforce any default of this agreement in a court of competent jurisdiction including but not binding its right of action for breach of the agreement or of the by-law authorizing this agreeaent. THE Per: Re~ Per: ~ 'CIerk ~ CLld r&4 Audre tsobel Bird