Loading...
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 i in the present. of O { _ .J ' IF/ 4, ;Sv. _� { { THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Xv,k3d,tvLo { WILLIAM STREET (66• WDE) 4 I sista li is fil ;2 1-,txl , . r T ■' r----�--,_ 165.65' •� F ! f 4s1°1/Er ouMs IX in tslucco S Ke) Li4 I EAST OECK PIE tut I- triC 131 14 Z g t LOT 22, OF VICTORIA FEET a w T-1 121 T z <4REGISTERED PLAN 30 i 1--- 1 ie�sor W 5 LOT 2i EAST OF VICTORIA STREET RE JSTERED PLAN 30 • a � Province Document General Do Process Software Ltd. •• (418)322-6111 i of OntarioD Form 4—Land Registration Reform Act File R22089/06 V (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 if) e--4 L (5)Consideration J CD O Cl" Dollars$ NIL w t`-) 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 o r-- 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. I I 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 J Michael Doyle w Registration Fee 56 Victoria Street Doyle &Prendergast m Port Burwell,Ontario 10 Sydenham Street East v NOJ 1TO Aylmer,Ontario. LI N5H 1L2 �kP AO Total J Document prepared using The Conveyancer Province of Ontario ) Page 2 of 5 ) ) 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