HomeMy WebLinkAboutBRU 91 007 agree en lt 19 pl372
'I'IIB I"NIDnD ....1011 01' 'I'IIB 'rOIIII8HIP 01' BRUCB
BY-LAW HO. 91-7
.
BEING A BY-LAW to authorize an encroachment by the owners of Lot
19, 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 Sheila Ann
septic field on the road
to the east of Lot 19,
Bruce.
Ogg has requested the right to place a
allowance owned by the Township of Bruce
Plan 372, Township of Bruce, County of
NOW THEREFORE be it enacted by the Council of the Township of
Bruce as follows:
1.
That Sheila Ann Ogg be authorized to install
on the road allowance to the east of Lot
Township of Bruce, County of Bruce.
a septic field
19, Plan 372,
2.
That the installation of
execution of the agreement
Ogg.
the system
attached
is conditional on the
hereto by Sheila Ann
3. That this by-law and agreement be registered against Lot 19,
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.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
PAGE 2
BY-LAW NO. 91-7
By-law introduced and read a First time this TWELFTH day of
MARCH, 1991.
By-law read a Second time this TWELFTH day of MARCH, 1991.
By-law read a Third time and finally passed, signed, sealed, and
numbered 91-7 this TWELFTH day of MARCH, 1991.
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CLERK
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õTel¡~ REEvt
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~~'h's AGREEMENT made this
11th
day of J1arch
1991,
v -....... BET WEE N :
THE CORPORATION OF THE TOWNSHIP OF BRUCE,
Hereinafter referred to as the "Township",
- and -
Sheila Ann Ogg of Livonia Michigan, U.S.A.
Hereinafter referred to as the "Licensee",
WHEREAS the Licensee is the owner of 1 and regi stered
Registry Office for the Registry Division for the County
(No.3) being part of Lot 19, Plan 372, Inverhuron
Township of Bruce, County of Bruce.
i n the
of Bruce
, in the
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 Superintehdent 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 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
publ ic 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 use 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
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purported to be done, under the provisions of this Agreement
or any neglect in the doing of the same. ' '
(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 Townsh i p may reasonab 1 y deem
advisable and hereby covenants and agrees 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
lia~le 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 sha 11' upon rece i pt of one month's not ice 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 hereto.
10. The Licensee shall reimburse the Township for all its
reasonable legal costs incurred in preparation of the Agreement.
executors,
assigns of
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 may be levied in respect of the encroachment of the Licensee's
system 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. Nothing herein contained shall be construed as giving to the
Licensee anything more than permission (insofar as the Township can
legally do so) to maintain the encroachment in its position as
hereinbefore set out.
15. 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. This Agreement may be registered against the lands of the
Licensee as previously described.
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17. Any notice required to be given to the Licensee may be mailed
by prepaid regular mail to the Licensee at the addres8 shown in the
most revised assessment roll, of, the Township for the land owned by
the Li censee .
18. The Township may enforce any default of this Agreement in any
court of competent jurisdiction including but not binding its right
of action for breach of the Agreement or of the by-law authorizing
this Agreement. .
THE CORPORATION OF THE TOWNSHIP OF
BRUCE
~o/~
/1c1;r Reeve
/Jt()Ø/ê-
Clerk
~~~.
Sheila Ogg
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~ Province
of
Ontario
Document General
Form 4 - Land Registration Aefonn Act, 1984
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275597
(1) Registry ~
(3) Property
ldentifter(s)
Land Tilles 0 T (2) Page 1 of ~ pages
Block Property
Additional:
See 0
Schedule
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ŒRTfICA'Æ Of RMSTRA'IDI
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(4) Heture of Document
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By-law euul à':!....................nt'p
(5) Con8ldenll1on
IIIUCII .-G-~
No.8 "'"
W~I'OII.,&.",l ðtp'" ....,.....
Dollars $
(6) Description
Lot 19, Plan 372, Township of Bruce, County
of Bruce.
New Property Identifiers
Additional:
See 0
SChedule
ExecutIOns
Additional:
See
SChedule
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(7) This
Document
Conl8fns:
(a) Redescription
New Easement
Plan/Sketch
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(b) Schedule for:
Description 0
Additional
Parties 0 Other ISëI
(8) ThIs Document provides as follows:
See by-law and agreement attached.
Continued on Schedule 0
(9) This Docunena relates to Instrumctnt number(s)
)
(.10) Perty(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(11) Addreu
for S4WVIce
R.R. #3, Tiverton, Ontario NOG 2TO
(12) Perty(les) (Set out Status or Interest)
Name(s)
.,
Signature(s)
Date of Signature
Y M 0
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(13) Addrees
for ServIce
(14) Munlclplll AddnMIS of Property
Not assigned
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(15) Documenf"Prepared by:
_t'., George C. Magwood
WAECHTER,." MAGW06D,
VAN DE VYVERE & THOMPSON
215 Durham Street
Wa1kerton, ontario
NOG 2VO
~I Fees and Tax
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Newsome and G.i1œrt. Limited
Form LF1333 (1/85)
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