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3077 To authorize an Encroachment Agreement with Hugh Pickering - 33 Hawkins Cresc.THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3077 A BY-LAW to authorize an Encroachment Agreement with Hugh Pickering affecting Part Lot 29, Registered Plan 41M- 86, designated as Part 28 on RP 41 R-4089, municipally known as 33 Hawkins Crescent. WHEREAS it is expedient to enter into an Encroachment Agreement with the Owner of lands described with the Owner of the lands described as Part Lot 29, Registered Flan 41M-86, designated as Part 28 on RP 41R-4089, Town of Tillsonburg, County of Oxford. 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 13y - Law be and is hereby approved and the Mayor and CAO 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 13y - Law in the same manner as if written and incorporated herein. 3. THIS By -Law is passed pursuant to the Municipal Act, R.S.O. 2001, Chapter 25, Sections 8 and 11. READ a first, second time on the 14th day_ of October 2003 and read a third time, passed, signed, sealed and numbered 3077 this 27th day of October 2003. 2. Clerk, Michae Graves ofovin`e Document General Ontario Form 4 -- Land Registration Reform Act (1) Registry Land Titles ❑ (2) Page 1 of pales (3) Property Block Property Identifler(s) 111� 1)Additional: 00034 0 }. �� See Schedule U nrw w•�. w ■ • r i (4) Nature of Document ENCROACHMENT AGREEMENT �. (5) Consideration J Z Dollars $ LU D (6) Description w U U. o fart of Lot 29, Registered Plan 41 N/1-86, beim Part 28 on RP 0 41 R-4089, In the Town otTillsonburg, 'n the Countti otOxtoI L. New Property Identifiers xecutions ' (8) This Document provides as follows: See Schedule "Attached Additional: SeeoSchedule (7) This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional Schedule ❑ Contains: Plan/Sketch Description a Parties U Other ❑ Continu(d on Schedule 1:1 9) This Document relates to Instrument numbler(s) ■ r . w i n •wr J (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D r , , 1 , 1 , 1 , , THE CORP0R'A*TION'O THETOWN'T.... ..... If 1 OF TI LLSON BU RG Mayor — Iry Horton 1 � 1 � � , r I • . ................ • . .. ... ....... • • • • . - �,� is •Mc�•htis............. . 2003 •1.1.;.25. 1 1 1 1 I � � 1 (11) Address for Service 200 Broaclwav, 2nd Floor Tillsonburgi Ontario N4G 5A7 (12) Party(ies) (Set out Status or Interest) Date of Signature Name(s) Signature(s) Y M D j•,- 1 1 C_� 1 1 1 PICKERING HUGH 2003 1 l 25 • � 1 , t 1 ' 1 1 Per: OWNER ' � 1 1 1 1 1 ' 1 1 ' ( 1 , I 1 , 1 1 1 1 1 (13) Address ., ,, � , � , , , T Ontario N4G 5K6 for Service 3.3 FICaw,kins Crescent, Tillsonburg, (14) Municipal Address of Property (15) Document Prepared by: Fees anc Tax 33 Hawkins Crescent 200 Broackkiay, 2nd Floor J � Registration Fee Tillsonburg, Ontario N4G 5K6 Tillsonburg, Ontario N4G 5A7 W U_ O IILL r 0 Total SCHEDULE "A" ENCROACHMENT AGREEMENT AGREEMENT made in Quadruplicate this 24th day of September 2003. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE FIRST PART and HUGH PICKERING hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner is the registered owner of lands and premises, in the Town of Tillsonburg, County of Oxford, being Part Lot 29, Registered Plan 41 M-86, designated as Part 28 oil RP 41 R-4089, municipally known as 33 Hawkins Crescent. AND WHEREAS a 0.5 inetre high wooden deck covered with a retractable awning has been constructed on the east side of the building on Part Lot 29, Registered Plan 41 M-86, designated as Part 28 on RP 41R-4089, which encroaches onto the parkland runring between Part Lot 28 and Lot 51 as shown on Registered Plan 41 M-86; AND WHEREAS the Owner has requested the Town to allow the use and maintenance of said encroachment for such period of time as the building remains in its prey ent location. AND WHEREAS the Town is of the opinion that allowing such use and i-naintena,ice would not be against the public interest. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR (,S 1.00) of lawful money of Canada, now paid to the Town by the Owner, the receipt whereof is hereby acknowledged, the parl-ies hereto agree as follows: 1. The Owner shall be allowed the use and maintenance of the portion of the wooden deck which encroaches onto the parkland, as set out on the attached surveyor's sketch, provided that the use and maintenance of such portion shall at all times be at the Owner's risk. 2. The Owner, its successors and assigns, as owners and occupiers frorn time to tiiiie of the said lands above described will at all times indemnify and save hann[-,�ss 4W 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 wooden deck or the use or maintenance of the said encroachment or anything which may arise by reason of the use 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 demolition or removal of the wooden deck encroaching on the parkland as shown on the attached plan, as aforesaid, this agreement shall be ten-ninated and shall 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 tune of the lands and premises above described and the covenants herein contained shall be deemed to run with the staid lands and premises and bind the Owners and occupiers thereof from time to time, 5. The Owner shall maintain the encroachment in all respects to the satisfaction of the Town upon its direction. 6. The Owner covenant and agree with the Town that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of the agreement shall be paid by the Owner. 7. The Owner covenant and agree with the Town that in the event of the Owner Z--1 transferring or selling the lands or any part thereof, the Owner shall forthwith notify the Town in writing of such transfer or sale together with the name and address of the transferee or purchaser. THIS AGREEMENT and everything herewith contained shall respectfully enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns respectively. IN WITNESS WHEREOF the said parties hereto, have hereunto set theirs 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 24th day of Septen-lber 2003. SIGNED, SEALED AND DELIVERED In the pi-esence of: (OWNER . .. . ....................... (HUGH PICKERING (THE CORPORATION OF THE (TOWN OF TILLSONBURG L (MA'VOA, iRV NORTON (CAO, DAVE MORRIS Lo 1 LLQ o. M `I CL N Ln rei d" C,7 Z t^1 lLl w w w G z 5�0 1 \j R 30 A A re r 034 -- 0340 c 00 C8 a P.I.N. (P2 TO EA SEMEN T ► SUBJEC T C3 & o 28.1$ (P 1 S) N 5 �1 J \�3 'N ASSOCIATION OF ONTARIO LAND SURVEYORS PLAN SUBMISSION FORM 1469621 THIS PLAN IS NOT VAUD UNLESS IT IS AN EMBOSSED ORIGINAL. COPY ISSUED BY THE SURVEYOR in =ow* nw vft Rs0*vtbw 1026, Sectiw+ 29(3) THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE NTH THE SURVEYS ACT, THE SURVEYORS ACT AND THE, LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM , C/ -- 2 THIS SURVEY WAS COMPLETED ON THE 15th -.D, / 0 I � I ULY Y 2003 � - I N !l 'I JULY 171 2003 DATE ��fM S. HV`.iTED Ak10 LAND SURVEYOR THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD, HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION NOTES (1) -- BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE WE'3TERN LIMIT OF HAWKINS CRESCENT AS SHOWN ON REGISTERED PLAN 41M --E6 HAVING A BEARING OF N 19' 33' 00" W �X�1�1`►1� ■ DENOTES SURVEY MONUMENT FOUND ❑ DENOTES SURVEY MONUMENT SET TH1S IS N07 SIB DENOTES STANDARD IRON BAR AN ORIGINAL COPY IB DENOTES IRON BAR UNLESS RIB DENOTES ROUND IRON BAR EM80S5ED KITH (WIT) DENOTES WITNESS SEAL"' P1) DENOTES REGISTERED PLAN 41M-86 P2) DENOTES DEPOSITED PLAN 41R-4089 (M) DENOTES MEASURED (S) DENOTES SET P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER QC COPYRIGHT 2003 KIM RUSTED SURVEYING LTD. THE REPRODUCTION, ALTERATION, OR USE OF THIS REPORT IN WHO_E OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM RUSTED SURVEYIN; LTD. IS STRICTLY PROHIBITED KIM RUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, T! BURG, ONTARIO, I44G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 03-6562 REFERENCE: F.F.6 DISK No. 532 SURVEYOROS REAL PROPERTY)?EPORT PLAN OF PART OF LOT 29 REGISTERED PLAN 41M-86 LLQ TOWN OF 11LLSONBURG COUNTY OF OXFORD cry � tL 0 5 10 ME7R=S 15 SCALE 1:200 �> a METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN � o a BE CONVERTED TO FEET BY DIVIDING BY 0.3048 0 ' KIM RUSTED SURVEYING LTD. N � REPORT SUMMARY(TO BE READ IN coNJuNc„oN WITH PLAN OF SURVEY) uj O � o REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: THIS PROPERTY IS TOGETHER WITH AN EASEMENT OVER PART 29 PLAN 41R-4089 AS SET OUT IN LT38259. COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND N °' ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT 'r ADDITIONAL REMARKS: PROPERTY DESCRIPTION — PART OF LOT 29 REGISTERED PLAN 41M-86 TOWN OF TILLSONBURG COUNTY OF OXFORD. DESIGNATED .4S PART 28 ON � DEPOSITED PLAN 41R-4089. ALL OF P.I.N. 00034-0339. 0.5 METRE HIGH WOODEN DECK EXTENDS ONTO LOT 51 — WOODEN RETAINING WALL AND CHAINLINK FENCE DOES NOT FOLLOW THE WESTERN PROPERTY LIMIT 5s' w SUBJECT PROPERTY AREA = 655.3 SQUARE METRES =1s.as AREA OF SUBJECT PROPERTY COVERED BY DWELLING, GARAGE AND COVERED DECKS 1,Y3 = 209 SQUARE METRES 1•23 =N 32'14' W COVERAGE = 32% THIS SURVEYORS REAL PROPERTY REPORT HAS BEEN PREPARED FOR HUBERT PICKERING AND MAUREEN PICKERING AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY R a 19.45 A = +o.se FOR USE BY OTHERS C = 10.14 M; 9* 09' W SURVEYOR'S CERTIFICATE CERTIFY THAT J \�3 'N ASSOCIATION OF ONTARIO LAND SURVEYORS PLAN SUBMISSION FORM 1469621 THIS PLAN IS NOT VAUD UNLESS IT IS AN EMBOSSED ORIGINAL. COPY ISSUED BY THE SURVEYOR in =ow* nw vft Rs0*vtbw 1026, Sectiw+ 29(3) THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE NTH THE SURVEYS ACT, THE SURVEYORS ACT AND THE, LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM , C/ -- 2 THIS SURVEY WAS COMPLETED ON THE 15th -.D, / 0 I � I ULY Y 2003 � - I N !l 'I JULY 171 2003 DATE ��fM S. HV`.iTED Ak10 LAND SURVEYOR THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD, HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION NOTES (1) -- BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE WE'3TERN LIMIT OF HAWKINS CRESCENT AS SHOWN ON REGISTERED PLAN 41M --E6 HAVING A BEARING OF N 19' 33' 00" W �X�1�1`►1� ■ DENOTES SURVEY MONUMENT FOUND ❑ DENOTES SURVEY MONUMENT SET TH1S IS N07 SIB DENOTES STANDARD IRON BAR AN ORIGINAL COPY IB DENOTES IRON BAR UNLESS RIB DENOTES ROUND IRON BAR EM80S5ED KITH (WIT) DENOTES WITNESS SEAL"' P1) DENOTES REGISTERED PLAN 41M-86 P2) DENOTES DEPOSITED PLAN 41R-4089 (M) DENOTES MEASURED (S) DENOTES SET P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER QC COPYRIGHT 2003 KIM RUSTED SURVEYING LTD. THE REPRODUCTION, ALTERATION, OR USE OF THIS REPORT IN WHO_E OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM RUSTED SURVEYIN; LTD. IS STRICTLY PROHIBITED KIM RUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, T! BURG, ONTARIO, I44G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 03-6562 REFERENCE: F.F.6 DISK No. 532