HomeMy WebLinkAboutBy-law No. 2006-111 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2006-111
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN ENCROACHMENT
AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND
JEFFREY RASTEL
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an encroachment agreement with Mr. Jeffrey Rastel regarding property known
municipally as 56 Victoria Street.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Encroachment
Agreement attached hereto as Schedule"A" and forming part of this by-law between
Jeffrey Scott John Rastel and the Municipality of Bayham
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY
OF NOVEMBER 2006.
• .o ; CLERK
AGREEMENT
AGREEMENT made in Quadruplicate thisA4 day o1 u „i,"2.006.
BETWEEN:
Jeffrey Scott John Rastel
hereinafter called the "Owner"
OF THE FIRST PART
and
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
hereinafter called the "Municipality"
OF THE SECOND PART
1. The Owner represent that they are the Owner of the lands and premises(hereinafter called
"the lands")described as Plan 30 Lot 22,former Village of Port Burwell,known municipally
as 56 Victoria Street and identified by Roll No. 34 01 002 001 05100.
2. The Owners have requested the Municipality to grant them permission to maintain and use
the structure the encroaches upon William Street in the former Village of Port Burwell
(hereinafter called "the encroachment") as depicted on the plan which is Schedule "A"
annexed hereto and made part of this agreement.
4. The Council of the Municipality of Bayham deems it appropriate to grant such permission to
the Owners to maintain the encroachment as previously described subject to the terms,
conditions and provisions of this Agreement and this Agreement has been authorized by a
by-law of the Council,being By-law No. 2006-111.
NOW THEREFORE,in consideration of the premises,and other good and valuable consideration
and the covenants and agreement hereinafter to be performed,the parties hereto covenant and agree
as follows:
1. The Municipality, during the pleasure of its Council, subject to the terms, conditions and
covenants of this Agreement shall allow the Owner for the time being of the lands, the
privilege of maintaining and using the structure on lands known municipally as 56 Victoria
Avenue that encroaches upon William Street in the former Village of Port Burwell more
particularly depicted in Schedule"A" annexed hereto until such time as the said structure
shall be demolished,removed or destroyed or otherwise ceases to exist or until any such part
of parts of the said highway so encroached upon is or are required by the Municipality for
any purpose whichever shall first occur.
2. The Owner shall maintain the encroachment in all respects to the satisfaction of the
Municipality upon its direction.
3. The Owner will always indemnify and keep indemnified the Municipality against all actions,
suits,claims and demands which may be brought against or made upon the Municipality and
against all loss, costs, damages, charges and expenses whatsoever which may be incurred,
sustained or paid by the Municipality in consequence of the encroachment or otherwise by
reason of the exercise by the Owner of the permission hereby granted to maintain this
encroachment over and upon the said highway and the Owners hereby grant to the
Municipality full power and authority to settle any such actions, suits,claims and demands
on such terms as the Municipality to pay to the Municipality on demand all monies paid by
the Municipality in pursuance of any such settlement and also such sum shall represent the
reasonable costs of the Municipality or its solicitors in defending or settling any such action,
suits, claims or demands.
11. This agreement and everything herein contained shall respectively enure to the benefit of and
be binding upon the said parties hereto,their heirs,executors,administrators,successors and
assigns respectively.
In witness whereof the said parties hereto, have hereunto set their hands and seals and the
Corporations have hereunto caused to be fixed their Corporate Seals under the hands of their duly
authorized officers in that behalf of thi day of, ) dam, 2006.
SIGNED, SEALED and DELIVERED
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Form 4—Land Registration Reform Act File R22089/06
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(1)Registry 0 Land Titles ❑ (2) Page 1 of 5 pages
(3)Property Block Property
Identifier(s) Additional:
See ❑
Schedule
(4)Nature of Document
Encroachment Agreement
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L (5)Consideration
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O Cl" Dollars$ NIL
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In C (6)Description
w Lot 22,East side of Victoria Street,Plan 30
0, ,., Municipality of Bayham,formerly Village of Port Burwell, County of
L Cz Elgin
. Elgin (11) St. Thomas
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New Property Identifiers
Additional:
See El
Executions
(7) This (a)Redescription (b)Schedule for:
Additional: Document New Easement ,......, i__, Additional
See Contains:
Plan/Sketch Description Parties Other
Schedule ❑
(8)This Document provides as follows:
Encroachment Agreement between Jeffrey Scott John Rastel and The Corporation of the Municipality of
Bayham.
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Continued on Schedule LJ
(9)This Document relates to instrument number(s)
(10)Party(ies) (Set out Status or Interest)
Name(s) Signatures) a Date of Signature
v� Y M D
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM / 2007 03 OG_
by its Solicitor Michael Doylelir
(11) Address
for Service c/o 10 Sydenham Street East,Aylmer,Ontario N5H 1L2
612)Party(ies) (Set out Status or interest)
Name(s) Signature(s) Date of Signature
Y M D
(13) Address
for Service J
(14)Municipal Address of Property (15)Document Prepared by: } Fees and Tax
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Michael Doyle w Registration Fee
56 Victoria Street Doyle &Prendergast m
Port Burwell,Ontario 10 Sydenham Street East v
NOJ 1TO Aylmer,Ontario. LI
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Document prepared using The Conveyancer
Province of Ontario ) Page 2 of 5
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) To all whom these Presents may
)
) come, be seen or known
To Wit: )
)
I, JAMES WILLIAM MICHAEL DOYLE, a Notary Public, in and for the Province of
Ontario, by Royal Authority duly appointed, residing at the Town of Aylmer, in the
County of Elgin, in said Province,
DO CERTIFY AND ATTEST that the paper-writing hereto annexed is a true copy
of a document produced and shown to me and purporting to be the Encroachment
Agreement between The Corporation of the Municipality of Bayham and
Jeffrey Scott John Rastel,which agreement is dated the 2nd day of November,
2006, the said copy having been compared by me with the said original document,
an act whereof being requested I have granted under my Notarial Form and Seal
of Office to serve and avail as occasion shall or may require. This photocopy is a
true copy of the original document which has not been altered in any way.
IN TESTIMONY WHEREOF I have hereto subscribed my name and affixed my
Notarial Seal of Office at the Town of Aylmer County of Elgin, this 6th day of March,
2007
A Notary Public in and for the Province of Ontario