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HomeMy WebLinkAboutBy-law No. 2009-053 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009 - 053 A BY-LAW TO AUTHORIZE THE EXECUTION OF A ROAD USE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JANET ELIZABETH DANIEL WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting highways. AND WHEREAS Janet Elizabeth Daniel has applied to the Municipality for permission to utilize a portion of road allowance closed to vehicular traffic for the purpose of access to a residence and accessory buildings located on her property. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into such agreement to grant such permission subject to terms and conditions set forth in such agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law, between the Corporation of the Municipality of Bayham and Janet Elizabeth Daniel, being a road use agreement for certain public highways under the jurisdiction and control of 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 16th DAY OF APRIL 2009. IA . r�� CLERK AGREEMENT THIS AGREEMENT made in triplicate this I6.-11' day of Apr , , 2009 BETWEEN: JANET ELIZABETH DANIEL of the Municipality of Bayham,in the County of Elgin hereinafter called the OWNER OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called BAYHAM OF THE SECOND PART WHEREAS: 1. The Owner is the only owner of lands and premises described in Attachment "A" attached hereto and illustrated on Attachment"B" attached hereto. 2. Bayham is the owner of all opened and unopened road allowances within the Municipality and in particular the road allowance illustrated in Attachment"B" attached hereto. 3. The Owner has requested Bayham to grant permission to utilize the road allowance closed to vehicular traffic illustrated in Attachment "B" hereto for the purpose of access to a residence and accessory buildings located on the property NOW THEREFORE IN CONSIDERATION of the premises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant and agree as follows: 1. Bayham, during the pleasure of Council, subject to the terms, conditions and covenants of this Agreement, allow the Owner to use the said lands for access to a private residence and accessory buildings, until such time as any part or parts of the said lands are required by Bayham for any purpose. The Owner shall not construct any permanent structures, fencing, gates, or otherwise on the said lands, except as approved in writing by Bayham. 2. The Owner shall use the said lands for the purposes ancillary to the agricultural use for access for ingress and egress. 3. The Owner shall maintain any and all improvements permitted in all respects to the satisfaction of Bayham and upon its direction. In no circumstances shall Bayham be responsible for the costs of any improvements, maintenance, damages, or other expenses associated with the permitted improvements. 4. The Owner shall always indemnify and keep indemnified Bayham against all actions, suits, claims, and demands whatsoever which may be brought against or made upon Bayham, and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained, or paid by Bayham in consequence of the use of the said lands or otherwise by reason of the exercise by the Owner of the permission hereby granted to use the said road allowance, and the Owner hereby grants to Bayham full power and authority to settle any such actions, suits, claims, and demands on such terms as Bayham may deem advisable and hereby covenants and agrees with Bayham to pay to Bayham on demand all monies paid by Bayham in pursuance of any such settlement and also such sum shall represent the reasonable costs of Bayham or its solicitors in defending or settling any such actions, suits, claims, or demands. - 2 . 5. If the Owner fails to maintain the property in proper condition or to use it contrary to the provisions of this Agreement, Bayham may terminate the Agreement on five (5) days written notice to the Owner whereupon termination, the Owner shall restore the land to its condition prior to the execution of this Agreement. 6. No length of time or enjoyment by the Owner of the lands or any part or parts thereof shall enure or give a right to the Owner or its heirs, successors, or assigns to retain the said lands or any part or parts thereof or acquire an easement or shall deprive Bayham by the operation of any statute of limitation or otherwise of any right to require the vacating of the said lands. 7 If at any time after the execution of this Agreement the Council of the Municipality of Bayham, in its sole discretion, resolves to terminate the privileges granted herein, the Owner agrees to remove the works, or any part or parts thereof, and to restore the lands to the condition as existed at the date of execution of this agreement if so required by the Municipality in its sole discretion, within sixty days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the Owner and the Owner shall not be entitled to claim any damages whatsoever for the removal of the works or any part or parts thereof. 8. Bayham reserves the right, for itself and all members of the public, to use the said lands for access to and uses as deemed appropriate in its sole discretion. 9. The Owner covenants and agrees with Bayham that in the event of the Owner transferring or selling the lands or any part thereof, the Owner shall forthwith notify Bayham in writing of such transfer or sale together with the name and address of the transferee or purchaser. 10. The Owner covenants and agrees with Bayham that for the purpose of this Agreement, notice may be given to the Owner by mailing the notice post paid and addressed to the Owner at the address of: 54890 Baldwin Line, RR 1 Eden ON NOJ 1HO. 11. This Agreement and everything contained shall respectively enure to the benefit and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively. 12. The Owners, at their expense, shall register this Agreement on title to the Lands. The Owners shall cause a registered copy to be delivered to the Municipality. IN WITNESS WHEREOF Bayham has hereunto affixed its Corporate Seal under the hand of its proper signing officers duly authorized on its behalf and the Owner has hereunto set her hand and seal. SIGNED: 444, a,2k_aJ- Witness anet Elizabeth Daniel THE CORPORATION OF THE MUNICIPALITY OF BAYHAM f1IQ 1 ayor Lynn Acre Clerk Lynda Millard OQ /lo o 9 Date Attachment "A" Property Description Legal Description: Concession 8 South Part Lots 12 & 13, RP11R5288 Part 3 Assessment Roll Number: 34-01-000-006-03500 Municipal Address: 54890 Baldwin Line Attachment "B" E --------------------- .......H.37,7,7-----,___________ s e� r 12 `'---e 1 z~ 1!_t____., ` �� 1 LOT 14 1 1 ( � � r� 742..S ,g 7 , ,,b. , s 2 98n ,1.,c�-7-.�.0s% r 4[_54 . z,s_,, r e o `/>. Pkm 1 I ... . C+4..©z5_20 G • oeeT 1 n Subject Lands ,�"� L .1" et ------.—____- _LO11'fH Unopened Road _— -L'"— Tv 4, Allowance LRO# 11 Notice Receipted as CT46064 on 2009 07 29 at 11:52 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 6 Properties PIN 35337 - 0157 LT Description PT S112 LT 12 CON 8 BAYHAM; PT LT 13 CON 8 BAYHAM PT 3 11R5288; BAYHAM Address 54890 BALDWIN LINE ELGIN Consideration Consideration $2.00 Applicant(s) The notice is based on or affects a valid and existing estate, right,Interest or equity in land Name DANIEL,JANET ELIZABETH Address for Service 54890 Baldwin Line, R.R.#1 Eden,Ontario NOJ 1H0 This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P. O. Box 160 Straffordville, Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre,Mayor, and Lynda Millard, Clerk. This document is not authorized under Power of Attorney by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2009 07 29 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON, LINTON,TOTH,CAMPBELL& BENNETT 36 Broadway, Box 5 2009 07 29 Tillsonburg • N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 LRO# 11 Notice Receipted as CT46064 on 2009 07 29 at 11:52 The applicant(s)hereby applies to the Land Regisfrar. yyyy mm dd Page 2 of 6 File Number Applicant Client File Number: C09-589 AGREEMENT THIS AGREEMENT made in triplicate this day of A P c; ,2009 BETWEEN: JANET ELIZABETH DANIEL of*Municipality of Bayham,in the County of Elgin hereinafter called the OWNER OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called BAYHAM OF THE SECOND PART WHEREAS: I. The Owner is the only owner of lands and premises described in Attachment "A" attached hereto and illustrated on Attachment"B"attached hereto. 2. Bayham is the owner of all opened and unopened road allowances within the Municipality and in particular the road allowance illustrated in Attachment"B" attached hereto. 3. The Owner has requested Bayham to grant permission to utilize the road allowance closed to vehicular traffic illustrated in Attachment"B"hereto for the purpose of access• to a residence and accessory buildings located on the property NOW THEREFORE IN CONSIDERATION of the premises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant and agree as follows: 1. Bayham,during the pleasure of Council,subject to the terms,conditions and covenants of this Agreement, allow the Owner to use the said lands for access to a private residence and accessory buildings,until such time as any part or parts of the said lands are required by Bayham for any purpose. The Owner shall not construct any permanent structures, fencing, gates,or otherwise on the said lands,except as approved in writing by Bayham. 2. The Owner shall use the said lands for the purposes ancillary to the agricultural use.for access for ingress and egress. 3. The Owner shall maintain any and all improvements permitted in all respects to the satisfaction of Bayham and upon its direction. In no circumstances shall Bayham be responsible for the costs of any improvements, maintenance, damages, or other expenses associated with the permitted improvements. 4. The Owner shall always indemnify and keep indemnified Bayham against all actions, suits, claims, and demands whatsoever which may be brought against or made upon Bayham, and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained, or paid by Bayham in consequence of the use of the said lands or otherwise by reason of the exercise by the Owner of the permission hereby granted to use the said road allowance, and the Owner hereby grants to Bayham full power and authority to settle any such actions, suits, claims, and demands on such terms as Bayham may deem advisable and hereby covenants and agrees with Bayham to pay to Bayham on demand all monies paid by Bayham in pursuance of any such settlement and also such sum shall represent the reasonable costs of Bayham or its solicitors in defending or settling any such actions,suits,claims,or demands. • 2 5. If the Owner fails to maintain the property in proper condition or to use it contrary to the provisions of this Agreement, Bayham may terminate the Agreement on five (5) days written notice to the Owner whereupon termination, the Owner shall restore the land to its condition prior to the execution of this Agreement. 6. No length of time or enjoyment by the Owner of the lands or any part or parts thereof shall enure or give a right to the Owner or its heirs, successors, or assigns to retain the said lands or any part or parts thereof or acquire an easement or shall deprive Bayham by the operation of any statute of limitation or otherwise of any right to require the vacating of the said lands. 7. If at any time after the execution of this Agreement the Council of the Municipality of Bayham, in its sole discretion, resolves to terminate the privileges granted herein, the Owner agrees to remove the works,or any part or parts thereof,and to restore the lands to the condition as existed at the date of execution of this agreement if so required by the Municipality in its sole discretion, within sixty days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the Owner and the Owner shall not be entitled to claim any damages whatsoever for the removal of the works or any part or parts thereof. 8. Bayham reserves the right, for itself and all members of the public,to use the said lands for access to and uses as deemed appropriate in its sole discretion. 9. The Owner covenants and agrees with Bayham that in the event of the Owner transferring or selling the lands or any part thereof, the Owner shall forthwith notify Bayham in writing of such transfer or sale together with the name and address of the transferee or purchaser. 10. The Owner covenants and agrees with Bayham that for the purpose of this Agreement, notice may be given to the Owner by mailing the notice post paid and addressed to the Owner at the address of 54890 Baldwin Line,RR 1 Eden ON NOJ 1110. 11. This Agreement and everything contained shall respectively enure to the benefit and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively. 12. The Owners, at their expense, shall register this Agreement on title to the Lands. The Owners shall cause a registered copy to be delivered to the Municipality. IN WITNESS WHEREOF Bayham has hereunto affixed its Corporate Seal under the hand of its proper signing officers duly authorized on its behalf and the Owner has hereunto set her hand and seal. /...e SIGNED: /p ,01), , a ' v. . JanfrJ Daniel THE CORPORATION OF THE MUNICIPALITY OF BAYHAM kifiAn 4 . Acre a-- ---- ,K ./. ..„..,,,,,..., Cl Lynda Millard 1/.0 '9 Date R Attachment"A" Property Descripti n Legal Description: Concession 8 South Part Lots 12& 13,RP11R5288 Part 3 Assessment Roll Number: 34-01-000-006-03500 Municipal Address: 54890 Baldwin Line asu ,tOFIV --"/7/.. s ni p�ag gauadvun spin TISO S I .- ft.S.21:1' w ' . ' +6-y% yam. ilidlid" .....____.._._. 7M YWL i p '."*"."..'n.."7 SA2EM V1 S fi Kg„Imam131}}V