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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. -.. - .-. ~. -. 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. ~ CLERK ··~-.gEAt - ::.~:.: ~ / .- -. ~T ',/'. - . . ""- -. ....- -0·.... .~:-- _.~ ......:. :-:.--- -- :. ~-þ~ -Ø/~ õTel¡~ REEvt ,..,-...."7' ~~'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 1"" - 2 - -- - ...... 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. ",."-.,. _...&,. - 3 - 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 " .. ~ Province of Ontario Document General Form 4 - Land Registration Aefonn Act, 1984 o .~ ... ~¿ ~ ." 275597 (1) Registry ~ (3) Property ldentifter(s) Land Tilles 0 T (2) Page 1 of ~ pages Block Property Additional: See 0 Schedule }t' Nwnbet T l ŒRTfICA'Æ Of RMSTRA'IDI ." APR 15 P 2 :09 (4) Heture of Document ~ Z o w en ::I w () lEi o a: f2 . 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 o (7) This Document Conl8fns: (a) Redescription New Easement Plan/Sketch o (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 Y M D . " , " . . .'J:I!1;:. ÇP.~Q~T.~ QI!I. pr. . Tiel!;:. T.QI'ffl ?!l.I.J1 . . . . . .. a······························ i . . . . . i . . .:. . . · .QE: .~~P:GF;)y. ).;t;.!? !SpJ,.i,.çj..:t.o.x: .C;~P.x:g~..... ~.'"'7.-:-.~.?--. ·4······· ¡ .¡~.9.~Q-1.fr' · .G·. . ~j3.~QQ<;1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................!..... ¡ . . . ¡. . . , " , " , " i ¡ i (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 · . . . . . . .. . . . . . . . . . . . . .. .. . . . . .. .. .. . . . . . . . .. . . . . . . . .. , , , , " , " .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" . . . . ., . . '1. . . , " ~.:..: , " , " , " , " . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . r . .-....:.:. . . , " , ,. , " , ,. , " , " . . . . . ,¡ . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . .,. . . .j, . . . " , " , " , " , I' , " , " · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Addrees for ServIce (14) Munlclplll AddnMIS of Property Not assigned " (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 ...J ~ Registration Fee w en ::I w () ¡¡: u.. o a: ~ Totel JI Newsome and G.i1œrt. Limited Form LF1333 (1/85) Apdl,1JF5