3087 To authorize an encroachment agreement with David Richard Langrell and Wendy Madelaine Wardell affecting part of Coon Alley adjacent to lands described as Lot 1526, Plan 500, Town of Tillsonburg.THE CORPORATION OF THE TOWN ON TILLSONBURG
By-law No. 3087
A by-law to authorize an encroachment agreement with David Richard Langrell
and Wendy Madelaine Wardell affecting part of Coon Alley adjacent to lands
described as Lot 1526, Plan 500, Town of Tillsonburg.
WHEREAS it is expedient to enter into an Encroachment Agreement with the
owners of lands described as Lot 1526, Plan 500, in the Town of Tillsonburg,
as set out in the Memorandum of Agreement hereto attached and marked as
Schedule "All to this By-law.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg, as follows:
1. That the agreement attached hereto and marked Schedule "A" to this by-
law be and is hereby approved and the Mayor and Clerk are hereby
authorized to execute the same on behalf of the Corporation of the Town
of Tillsonburg and to affix the corporate seal.
2. That the said Schedule "A" annexed hereto is declared to be part of
this By-law in the same manner as if written and incorporated herein.
3. This By-law is passed pursuant to the Municipal Act, 2001, S.O. 2001,
CHAPTER 25, Section 8.
Read a first and second time this 12th day of January, 2004
Read a third time and finally passed this 24th day of May, 2005
Nrayor Stephen Molnar
Clerk Mi ae-rGraves
- Wt.
THIS AGREEMENT made in duplicate thisday of Ha
200
!;-,
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG,
hereinafter called the "TOWN"
OF THE FIRST PART,
-- and --
DAVID RICHARD LANGRELL and WENDY MADELAINE WARDLE
of the Town of Tillsonburg, County of Oxford
hereinafter called the "OWNER"
OF THE SECOND PART.
WHEREAS the Owner is the registered owner of lands and premises in
the Town of Tillsonburg, in the County of Oxford, being more
particularly described as Lot 1526, Plan 500, Town of Tillsonburg,
County of Oxford.
AND WHEREAS the stoop adjacent to the west side of the house
situate on such land and premises, encroaches onto Coon Alley, in
the Town of Tillsonburg, in the County of Oxford, as illustrated on
the surveyors sketch attached hereto.
AND WHEREAS the owner has requested the Town to allow the use and
maintenance of the said encroachment for such period of time as the
building remains in its present location.
AND WHEREAS the Town is of the opinion that allowing such use and
maintenance would not be against the public interest.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises and the sum of ONE DOLLAR ($1.00) of lawful money of
Canada, now paid to the Town by the Owner, the receipt whereof is
hereby acknowledged, the parties hereto agree as follows:
1. The Owner shall be allowed the use and maintenance of that
portion of the stoop which encroaches on Coon Alley as set out
on the attached surveyors sketch. Provided that the use and
maintenance of such portion shall t all times be at the
Owner's risk.
2. The Owner., their successors and assigns, as owners and
occupiers from time to time of the said lands, will at all
times indemnify and save harmless the Town of and from all
costs, losses, and damages which the Town may suffer, be at or
be put to for or by reason of or on account of the existence
of the said encroachment or the use or maintenance of the said
encroachment, or anything which may arise by reason of the use
2
and maintenance of said encroachment, or by reason of the
existence, use, maintenance, or repair or lack of repair of
the said encroachment.
3. upon the demolition of the said stoop encroaching on Coon
Alley as aforesaid, this agreement shall be terminated and be
of no force and effect whatsoever.
4. This agreement shall be binding upon the Owners, their
successors and assigns, as owners and occupiers from time to
time of the lands and premises, and the covenants herein
contained shall be deemed to run with the said land and
premises and bind the owners and occupiers thereof from time
to time.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals
SIGNED, SEALED AND DELIVERED
in the presence of
The Corporat' of the
Town of Til nburg
)
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Mayor
)
Clerk
David Richard Langrell
)
Wendy Madelaine Wardle
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By /L 0, INC L OCA F/ON SUR VE Y OF
LOT 1526
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12TC,�-- JUDGE S PLAN REGISTERED AS
PLAN No. 500
I
TOWN OE TILLSONBURG
1
COUNTY OF OXFORD
SCALE - I INCH= 20 FEET
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K I M S. HU ST ED O.L.S.
1
1988
SURVEYOR'S CERTIFICATE
L' I CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAN
LLl WAS COMPL ET ED ON THE 9 th DAY OF AUGUST 1988.
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DAT K IM S USTED
ONTARIO ND SURVEYOR
CQ COPYRIGHT KIM RUSTED SURVEYING LTD.
KIM RUSTED SURVEYING LTD.
ONTARIO LAND SURVEYOR
50 FOX ALLEY , TILLSONBURG ONTARIO , N4G 3P4
PHONE, 519-842-3638
PROJECT = 88 - C99 REFERENCE
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NOTES
—�'
(I) — BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE
— — — /�—
SOUTHERLY LIMIT OF BALDWIN STREET AS SHOWN ON PLAN
No. 500 HAVING A BEARING OF N 52 ° 2 8'00" E,
C�1
LEGEND �,�R�,
■ DENOTES SURVEY MONUMENT FOUND THIS IS NOT
O DENOTES SURVEY MONUMENT SET
A VALID COPY
S!8 DENOTES STANDARD IRON BAR
UNLESS
EMBOSSED
Q..
IB DENOTES IRON BAR WITH SEAL
Q
(WIT) DENOTES WITNESS
0 DENOTES ROUND
(15-14) DENOTES SHEET AND BAR NUMBER ORIGINAL WITH PLAN 500
j727) DENOTES J.F. WESTON O.L.S.
(996) DENOTES J B. DODD O.L.S.
(PLAN) DENOTES DATA ORIGINAL WITH PLAN No. 500
(SU) DENOTES SOURCE UNKNOWN
CQ COPYRIGHT KIM RUSTED SURVEYING LTD.
KIM RUSTED SURVEYING LTD.
ONTARIO LAND SURVEYOR
50 FOX ALLEY , TILLSONBURG ONTARIO , N4G 3P4
PHONE, 519-842-3638
PROJECT = 88 - C99 REFERENCE