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HomeMy WebLinkAboutBRU 87 036 agree allow en " 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. ðJf;;-· t~~L REwt SEAL '\ . ---- 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: ¥ , '~" , -2- 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 -3- , 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 ¡ ;Z:J¡0J¡;þ ¡PER'~ ) ) ) ) ) Brian Bender ) ) ) ) Debbra Bender ) ) ) C,""," _ 'fñ..~ in the presence of: Y i....rI&. .! : ~ Province 01 ._ Ontario Schedule "A" s 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. ~. .-."-,.,, .'r~-~·' ~".-'c"".,.. ~. .' -'----- ~ , w Q~ 11:~ ~~ ~... Newsome and Gilbert., Limited ~ ~ Province 01 Ontario Schedule "B" s 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. ~-,.- - ~ --- - ~ , W 2~ !l:z 00 !liw \1;,~ Newsome and GUbert,. 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