HomeMy WebLinkAboutBRU 87 036 agree allow en
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-36
.
BEING A
BY-LAW
to
enter
into
an
agreement
to
allo...
an
encroachment.
WHEREAS it ...as the intention of the Corporation of the To...nship
of Bruce to allo... an encroachment on the municipal road allo...ance
adJacent to Plan 372 in the To...nplot of Inverhuron.
NOW THEREFORE the Council of the Corporation of the To...nship of
Bruce enacts as follo...s:
(1) That the Corporation enter into an agreement as
attached as Schedule "A" to this by-la....
(2) That the Reeve and Clerk be authorized to sign the
agreement on behalf of the Corporation.
(3) That the agreement be registered on the property
and a duplicate be returned to the Corporation.
By-la... introduced and read a First time this SECOND day of
DECEMBER, 1987.
By-la... read a Second time this SECOND day of DECEMBER, 1987.
By-la... read a Third time and finally passed, signed, sealed, and
numbered 87-36 this SECOND day of DECEMBER, 1987.
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Licensing Agreement
,
THIS AGREEMENT made this 16th day of July, 1986.
BET WEE N
THE CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter referred to as
"THE TOWNSHIP' OF THE FIRST PART
- and -
BRIAN BENDER and DEBBRA BENDER, of R. R. '1,
Waterloo, Ontario
Hereinafter referred to as
"THE LICENSEES' OF THE SECOND PART
WHEREAS the Licensees are the owners of the land described in
Schedule "A" annexed hereto.
WHEREAS there is erected on the said land a cottage.
WHEREAS the cottage encroaches upon the street known as Lake
Street.
WHEREAS the Licensees are requesting permission from the
Township of Bruce to maintain the said encroachment in- its present
position for the life time of the said building.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the premises and the covenants and agreements hereinafter contained
on the part of the Licensees to be observed, fulfilled and performed,
the Township of Bruce hereby grants to the Licensees (insofar as the
Township can legally do so) permission to maintain the said
encroachment as hereinbefore set forth.
AND IN CONSIDERATION of the granting of such permission, the
Licensees hereby covenant and agree with the Township of Bruce, as
follows:
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1.
In the event of the Licensees transferring or selling the land
mentioned herein or any part thereof, the Licensees shall forthwith
notify in writing the Clerk of the Township of Bruce of such transfer
or sale together with the name and the address of the transferee or
purchaser.
2. The Licensees further agree that should the portion of the
building encroaching be destroyed by any cause that they will not
reconstruct on the encroachment area4
on Lake Street is
3. The parties agree that the encroachment is/shown on Plan ~ for
;'7:J..,
the Township of Bruce., as described in Schedule B annexed hereto.
AND IT IS UNDERSTOOD AND AGREED by and between the Parties
hereto as follows:
1.
THAT nothing herein contained shall be construed as giving the
Licensees anything more than permission (insofar as the Township can
legally do so) to maintain the encroachment in its present position as
hereinbefore set forth.
24 THAT this Agreement may be registered against the said land.
3. THAT for the purpose of this Agreement notice may be given to
the Licensees by mailing the same post paid and addressed to the
Licensees by mailing the same post paid and addressed to the Licensees
"
at R4 R. tl, Waterloò', Ontari04
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,
4.
TIIAT this Agreement and everything herein contained shall
respectively enure to the benefit of and be binding upon the parties
hereto, their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto executed
this Agreement.
SIGNED, SEALED AND DELIVERED
) THE CORPORATION OF THE
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)
)
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) Brian Bender
)
)
)
) Debbra Bender
)
)
)
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in the presence of:
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._ Ontario
Schedule "A"
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rorm 5 - Lend Reglltr.tton Relonn Act. 1984
Page
Additional p~ ._unertl) Indlor Olher Intormluon
DESCRIPTION
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Townplot of Inverhuron, in the Township and County of Bruce,
Province of Ontario and being composed of part of Lot 26, Plan 372, for the said
Township of Bruce, and being more particularly described as follows:
COMMENCING at the Southwest angle of said Lot 26;
THENCE Easterly along the Southerly limit of said lot a distance of 53.40 feet
to the Southeast angle of said lot;
THENCE Northerly along the Easterly limit of said lot a distance of 41 feet to a point;
THENCE in a Westerly direction and parallel to the Southerly limit of said lot to a
point in the Westerly limit of said Lot 26;
THENCE Southerly along the Westerly limit of said Lot 26 to the point of commencement.
As in instrument number 225B29.
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Newsome and Gilbert., Limited
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Ontario
Schedule "B"
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t "tm 5 - L_ncI ReglllraUon R.'onn Act. 1984
Page
AclcItIonaI P~lfiidenllner(.) end/o, 011.., Inrormetlon
I
DESCRIPTION
Part of Lake Street in the Townplot of Inverhuron in the Township of Bruce, in the
County of Bruce described as follows:
COMMENCING at a point in the West limit of Lake Street at the Southeast angle
of Lot 26, Plan 372;
.
THENCE East along the
distance of 33 feet;
production East of the South limit of Lot 26, Plan 372 a
THENCE North parallel to the West limit of Lake Street a distance of 41 feet;
THENCE West parallel to the production East of the South limit of Lot 26, Plan 372,
a distance of 33 feet to the West limit of Lake Street;
THENCE South along the West limit of Lake Street a distance of 41 feet to the
place of commencement.
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