3205 To authorize an encroachment agreement with Michael Arthur Clarkson affecting part of Baldwin Street and Bidwell Street adjacent to lands described as Lot 1495, Plan 500, Town of Tillsonburg.THE CORPORATION OF THE TOWN ON TILLSONBURG
By-law No. 3205
A by-law to authorize an encroachment agreement with Michael Arthur Clarkson
affecting part of Baldwin Street and Bidwell Street adjacent to lands
described as Lot 1495, Plan 500, Town of Tillsonburg.
WHEREAS it is expedient to enter into an Encroachment Agreement with the
owners of lands described as Lot 1495, Plan 500, in the Town of Tillsonburg,
as set out in the Memorandum of Agreement hereto attached and marked as
Schedule "A" to this By-law.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillscnburg, 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 10th day of April, 2006
Read a third time and finally passed this 24th day of April, 2006
r
May -- Stephen Molnar
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sg
Clerk - Michraves
THIS AGREEMENT made in triplicate this day of
March, 2006.
B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "TOWN"
-and-
OF THE FIRST PART
MICHAEL ARTHUR CLARKSON, of the Town of
Tillsonburg, County of Oxford
hereafter called the "OWNER"
OF THE SECOND PART
WHEREAS the Owner is the registered owner of the lands and premises
in the Town of Tillsonburg, County of Oxford, legally described as
Part of Lot 1495, Plan 500, Town of Tillsonburg, County of Oxford,
designated as PART 1, on Plan 41R-4781, municipally known as
39 Baldwin Street, Tillsonburg, Ontario. N4G 3Z1
AND WHEREAS the building situate on the subject property, encroaches
onto Baldwin Street and Bidwell Street, as illustrated on the
surveyor's sketch attached hereto.
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 present location.
AND WHEREAS the Town is of the opinion that allowing such use and
maintenance thereof 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 building that encroaches onto Baldwin Street and
Bidwell Street 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, his successors or 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, damages
which the Town may suffer, be at or be put to for or by reason of
or on account of the existence of said encroachments or the use
or maintenance thereof, or anything which may arise by reason of
the use and maintenance of said encroachments, or by reason of
the existence, use, maintenance, or repair or lack of repair of
the said encroachments.
3. Upon the demolition of the building situate at 39 Baldwin Street,
Tillsonburg, this agreement shall be terminated and be of no
force and effect whatsoever.
- 2 -
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 occupiersthereof from time to time.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and Seals.
SIGNE.Dj, SEATED AND DELIVERED
In the presence of
THE CORPORATION OF THE TOWN
OF TILLSONBURG
Mayor
Clerk
Michael Arthur Clarkson
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N520 2.6' OO'E _� 4
N520 26'E 36.0' --T
Op`
INST. No. 213245 P.
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i C)T 1500
o 1501
319.06
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00037- 0030
1496
'r� 1 REQUIRE THIS PLAN TO BE R"' �'T��
Q P LIa4 41
T? r r T DEpOSITE0 ONOER THE REGISTRY
ACT. RECEIVED AND DEPOSITED
DATE j/+�► -0/ ",
35 5.0 6 ------fir—i
DATE ;G � (K ....._
D� Y LAND REGISTRAR FOR THE
`ts• REGISTRY DIVISION OF OXFORD
M
4.10.0
UO.L. S. (No. 4 1THIS PLAN IS )
TSUBDIVISION WITHIN
CAUT 11 ON. THE MEANING OF THE PLANNING
i
PART SCHEDULE
.PART P.1. N. //Vs LOT PLAN MUN/C/PA L / 1'
ALL OF 245971 PART OF 500 T IL LSONBURG
00037-0028 1495
2 PART OF
1494 86 1495
PLAN OF SUR VE Y OF
LOT 1495 AND PART OF LOT 1494
JUDGE'S PLAN REGISTERED AS.
3PLAN Na 500
0 TOWN OF TILLSONBURG
COUNTY OF OXFORD
SCALE -I INCH = 10 FEET
Li
K I M S. HUSTED O.L.S.
1992
SURVEYOR'S CERTIFICATE
I CERTIFY THAT
(I} - THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH
THE SURVEYS ACT AND THE REGISTRY ACT AND THE REGULATIONS
MADE THEREUNDER.
(2) THIS SURVEY WAS COMPLETEDON THE 8th DAY OF JANUARY 1992 .
Z� j�RZ - -. — �.
DAT KIM S. RUST D
ON AR IO LAND SURVEYOR
NOTES
(1) -- BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE
SOUTH-EASTERLY LIMIT OF BALOWIN STREET AS SHOWN ON
PLAN 500 HAVING A BEARING OF N520 26'0d'E .
LEGEND
• DENOTES SURVEY MONUMENT FOUND
O DENOTES SURVEY MONUMENT SET
SIB DENOTES STANDARD IRON BAR
IB DENOTES IRON BAR
0 DENOTES ROUND
(WIT) DENOTES WITNESS
SS IB DENOTES SHORT STANDARD IRON BAR
BP DENOTES BRASS PLUG
(X) DENOTES OFFSET
(13-1) DENOTES SHEET AND BAR NUMBER ORIGINAL WITH PLAN 500
KIM HUSTED SURVEYING LTD.
ONTARIO LAND SURVEYOR
50 FOX ALLEY TILLSONBURG ONTARIO, N4G 3P4
PHONE 519 - 84 2 - 3638