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By-law No. 2002-050 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2002-050 A BY-LAW TO ALLOW THE USE AND FUTURE MAINTENANCE OF A BUILDING ENCROACHING ON ROBINSON STREET IN THE FORMER VILLAGE OF PORT BURWELL WHEREAS: 1. Paragraph 107 of Section 210 of the Municipal Act,R.S.O. 1990, Chapter M.45,provides inter alia that By-laws may be passed by the Councils of the local municipalities for allowing any person owning or occupying any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the Council may deem reasonable for such owner or occupant to pay for such privilege. 2. Ronald John Roloson and Melissa Sue Roloson are the owners of the land and structure known municipally as 41 Robinson Street in the former Village of Port Burwell, now Municipality of Bayham, and have requested that the Corporation of the Municipality of Bayham permit an encroachment on Robinson Street. 3. The Council of the Corporation of the Municipality of Bayham, deems it necessary and expedient to grant the request and to permit the encroachment provided such permission is expressly subject to the terms of an agreement between the Corporation of the Municipality of Bayham and the said owner. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. Ronald John Roloson and Melissa Sue Roloson,the owners of lands described as the South Part of Lot 22, Plan 12 shall be permitted to maintain and use the structure that encroaches upon Robinson Street in the former Village of Port Burwell,as more particularly depicted in Schedule "A"annexed hereto and made part of this By-law under the terms and conditions and pursuant to the terms and to the extent described in an agreement annexed hereto as Schedule "B" and part of this By-law. 2. The entry by the Corporation of the Municipality of Bayham into an agreement with Ronald John Roloson and Melissa Sue Roloson under the terms and conditions as set out in Schedule "B" annexed hereto is hereby approved and authorized. 3. The Mayor and the Clerk and each of them is hereby authorized to execute the agreement set out in Schedule "B" annexed hereto, and any other documents necessary to implement the intent of this By-law, and the Clerk is hereby authorized to affix the Corporate Seal thereto, and to deliver the same. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS OrTH DAY OF ,Jtt/fr I 24 Ali1[i4r' / �/ �? CLE ' AGREEMENT AGREEMENT made in Quadruplicate this day of , 20_ BETWEEN: RONALD JOHN ROLOSON MELISSA SUE ROLOSON hereinafter called the "Owners" OF THE FIRST PART and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" OF THE SECOND PART 1. The Owners represent that they are the Owner of the lands and premises(hereinafter called "the lands") described as Plan 12, S Pt Lot 22, and known municipally as 41 Robinson Street. 2. The Owners have requested the Municipality to grant them permission to maintain and use the structure the encroaches upon Robinson 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. 2002-050. 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 Owners and the Owner for the time being of the lands,the privilege of maintaining and using the structure on lands known municipally as 41 Robinson Street that encroaches upon Robinson 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 Owners shall maintain the encroachment in all respects to the satisfaction of the Municipality upon its direction. 3. The Owners 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 Owners 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 by 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 this day of , 20 . SIGNED, SEALED and DELIVERED in the presence of OWNER ( Ronald John Roloson ( ( ( Melissa Sue Roloson ( ( ( THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ( ( Mayor Max Stewart ( ( ( Acting Clerk Michael Graves