HomeMy WebLinkAboutBy-law No. 2025-014THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-014
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, ROMMIE REMPEL
FRIESEN AND ROMMIE REMPEL FRIESEN AND ALANNA GRACE COSTELLO
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Building Code Act in Ontario serves as the legal framework that governs
the construction, renovation, and change of use of buildings;
AND WHEREAS Building Code O. Reg. 332/12 limits the maximum area of glazed openings
permitted in an exterior wall of a house;
AND WHEREAS Rommie Rempel Friesen and Rommie Rempel Friesen & Alanna Grace
Costello wish to enter into an agreement to comply with the foregoing provisions of the
Building Code;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Limiting Distance Agreement attached hereto as Schedule "A" and
forming part of this by-law between The Corporation of the Municipality of Bayham,
Rommie Rempel Friesen and Rommie Rempel Friesen and Alanna Grace Costello;
2. AND THAT this by-law shall come into full force and effect on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF
FEBRUARY, 2025.
MAYOR CLERK
SCHEDULE A
THIS AGREEMENT made this GVday of Febmaty, 2025
BETWEEN:
ROMMIE REMPEL FRIESEN
("Rempel Friesen")
-&Hd-
OF THE FIRST PART
ROMMIE REMPEL FRIESEN AND ALANNA GRACE COSTELLO
("Rempel Friesen & Costello")
OF THE SECOND PART
.am.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
("Bayham")
OF THE THIRD PART
WHEREAS Rempel Friesen is the owner of the lands legally described as: LT 5 BLK A PL 205
BAYHAM; BAYHAM, County of Elgin, being all of PIN 35345-0213 (LT), and municipally known
as 56230 & 56232 Heritage Line, Straffordville, Ontario ("the Rempel Friesen Property");
AND WHEREAS Rempel Friesen & Costello are the owners of the lands legally described as: LT 6
BLK A PL 205 BAYHAM; PT LT 7-8 BLK A PL 205 BAYHAM, PT 3 11R336 & PT 2 11R820,
EXCEPT LT 5 BLK A PL 205 BAYHAM; BAYHAM, County of Elgin, being all of PIN 35345.0214
(LT), and municipally known as 56226 Heritage Line, Straffordville, Ontario ("the Rempel Friesen &
Costello Property");
AND WHEREAS the Rempel Friesen and the Rempel Friesen & Costello lands abut each other and
share a common boundary line;
AND WHEREAS Rempel Friesen proposes to construct a residential building on the Rempel Friesen
Property;
AND WHEREAS the Building Code, 0 Reg 332112, Table 9.10.15.4, forming part of Sentences
9.10.15.4.(1) and (2), limits the maximum area of glazed openings permitted in an exterior wall of a
house;
AND WHEREAS the existing residential building on the Rempel Friesen & Costello Property is only
Y-3" from the property line, it exceeds the maximum area of glazed openings permitted in an exterior
wall for the purpose of calculating the limiting distance for an exposing building face if measured to the
property line;
AND WHEREAS Division B-Part 9, Sentence 9.10.15.2(4) of the Building Code provides as follows:
(4) The required limiting distance for an exposing building face is permitted to be measured to a point
beyond the property line that is not the centre line of a street, lane or public thoroughfare if,
(a) the owners of the properties on which the limiting distance is measured and the municipality enter
into an agreement in which such owners agree that;
(i) each owner covenants that, for the benefit of land owned by the other covenantors, the owner will
not construct a building on his or her property unless the limiting distance for exposing building
faces in respect of the proposed construction is measured in accordance with the agreement,
(ii) the covenants contained in the agreement are intended to run with the lands, and the agreement
shall be binding on the parties and their respective heirs, executors, administrators, successors and
assigns,
(iii) the agreement shall not be amended or deleted from title without the consent of the municipality,
and,
(iv) they will comply with such other conditions as the municipality considers necessary, including
indemnification of the municipality by the other parties, and
(b) the agreement referred to in Clause (a) is registered against the title of the properties to which it
applies.
AND WHEREAS Rempel Friesen and Rempel Friesen & Costello wish to enter into this agreement to
comply with the foregoing provisions of the Building Code such that the limiting distance for exposing
building faces in respect of the residential building constructed on the Rempel Friesen Property shall be
measured to a point beyond the property line as referenced in this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the terms of this
Agreement and the nominal sum of Two ($2.00) Dollars of lawful money of Canada, and other good
and valuable consideration, paid by each of the parties of this Agreement to the other, the receipt and
sufficiency of which is hereby irrevocably acknowledged, the parties agree to and with each other as
follows:
The parties hereto confirm that the recitals in this Agreement are true and accurate
2. This Agreement is entered into for the specific purpose of enabling any building to be erected
on the Rempel Friesen lands as well as the Rempel Friesen & Costello lands to comply with the
minimum limiting distance requirements set out in the Building Code.
3- The parties agree and covenant that, for the benefit of the Rempel Friesen Property, the limiting
distance for exposing building faces in respect of the construction of any building on the Rempel
Friesen Property shall be measured to a point not less than 11.75' (3.58m) from the most easterly
face or faces of the existing residential building on the Rempel Friesen & Costello Property,
extending perpendicularly away from the building as shown on the Proposed Limiting Distance
Agreement attached hereto as Schedule `B".
4, Rempel Friesen & Costello covenants that, for the benefit of the Rempel Friesen Property, no
building or other structure shall be constructed or installed on the Rempel Friesen & Costello
Property unless the limiting distance for exposing building faces in respect of the proposed
construction is in compliance with the provisions of the Ontario Building Code and measures at
least 11.75' (3.58m) from the most westerly face or faces of any building on the Rempel Friesen
Property, extending perpendicularly away from the building,
$. This Agreement shall be registered on title against both the Rempel Friesen Property and the
Rempel Friesen & Costello Property and shall run with the land and shall not be amended or
deleted without the written consent of Bayham.
6. The parties agree that cost of such registration and the preparation of this Agreement and all
other documents associated therewith shall be paid by Rempel Friesen. For clarity, Rempel
Friesen shall provide payment to Bayham for any and all invoices related to this Agreement
and/or matters related to this matter within thirty (30) days of receipt. Rempel Friesen agrees to
pay Bayham's reasonable legal and administrative costs related to this agreement which shall
include, but are not limited to, the negotiations leading to and the preparation and registration
of this agreement.
7. Execution of this Agreement shall be deemed to be authorization by all parties to legal counsel
for Rempel Friesen to register this agreement in the appropriate Land Titles Office without
further written authorization. Rempel Friesen shall provide Rempel Friesen & Costello and
Bayham with copies of the registration documents for this agreement within thirty (30) days
following execution of this agreement by all parties.
$, Rempel Friesen and Rempel Friesen & Costello acknowledge and agree that they have had the
opportunity to obtain such legal or other advice as they consider advisable prior to entering this
Agreement.
9_ Subject to the provisions of the RegishyAct and the Land Titles Act, this Agreement shall enure
to the benefit of and be binding upon the parties hereto and their respective heirs, administrators,
estate trustees, successors and assigns.
10. Each of Rempel Friesen and Rempel Friesen & Costello agree on behalf of themselves and their
heirs, executors, administrators, successors and assigns:
(i) hereby to fully and forever release Bayham from any and all manner of actions and
causes of action, claims, suits, costs, debts, sums of money, and demands, presently
known or unknown, whatsoever in law or equity or otherwise, which Rempel Friesen
and Rempel Friesen & Costello may now have, or will have in the future, by reason of
any matter, cause or thing whatsoever, arising from, in connection with, relating to or
as a result of Bayham entering into this agreement;
(ii) jointly and severally to well and truly save, defend and keep harmless and fully
indemnify Bayham and each of its elected officials, officers, employees and agents of,
from and against all manner of:
(a) actions, suits, claims, liens, executions, demands or costs, including legal costs,
which may be brought against or made upon any one or more of them, and;
(b) losses, charges, damages, liens and expenses which may be sustained, incurred or
paid by any one or more of them;
(iii) in consequence of, in connection with, or relating to the entering into of this agreement;
(iv) to pay to Bayham and to each such elected official, officer, employee or agent on
demand any loss, costs, damages and expenses which may be sustained or incurred by
any one or more of them in consequence of Bayham entering into this agreement; and;
(v) that the obligations to release and indemnify Bayham under the provisions of this
agreement shall survive any termination or release in whole or part of this agreement,
notwithstanding anything in this agreement to the contrary.
IN WITNESS WHEREOF the parties hereto have hereunder affixed their respective hands and seals
and Bayham has hereunder affixed its corporate seal, attested by the hands of their duly authorized
officers.
Witness
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RommiieRempel Friesen
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Rommie Rempel Friesen
Alanna Grace Costello
The Corporation of the Municipality of Bayham
t / We have authority to bind the corporation.
SCHEDULE B
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