3380 To authorize an encroachment agreement with Jane Ann McLean.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3380
A BY-LAW to authorize an encroachment agreement with Jane Ann McLean.
WHEREAS The Town of Tillsonburg is desirous of entering into an encroachment agreement
with Jane Ann McLean;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
THAT Schedule ``A" attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 14t' DAY OF September, 2009.
READ A TI -Mit) AND FINAL TIME AND PASSED THIS 14th DAY OF September, 2009.
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MAYOR -Stephen Molnar
CLERK -Michael Graves
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CLERK -Michael Graves
AGREEMENT
AGREEMENT made in Quadruplicate this 10th day of August, 2009
BETWEEN:
and
JANE ANN MC LEAN
hereinafter called the "Owner"
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Town"
OF THE SECOND PART
1. The Owner represents that they are the Owner of the lands and premises (hereinafter called
"the lands") described as Lot 1419, Plan 500 Subject to Execution 96-0000596 if
enforceable, in the Town of Tillsonburg, in the County of Oxford. PIN 00037-0105
2. The Owner has requested the Town to grant them permission to maintain and use the fence
and structure that encroaches upon Harvey Street (hereinafter called "the encroachment") as
depicted on the plan which is Schedule "A" annexed hereto and made part of this agreement.
3. The lands of the Owner are known municipally as 39-41 London Street East.
4. The Council of the Town of Tillsonburg, at its meeting of has agreed to grant such
permission to the Owner 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 .
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 Town, 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 39-41 London Street East
that encroaches upon Harvey Street 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 Town for any purpose whichever shall first occur.
2. The Owner shall maintain the encroachment in all respects to the satisfaction of the Town
upon its direction.
3. The Owner will always indemnify and keep indemnified the Town against all actions, suits,
claims and demands which may be brought against or made upon the Town and against all
loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or
paid b the Town 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 Owner hereby grants to the Town full power and authority to settle
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any such actions, suits, claims and demands on such terms as the Town to pay to the Town
on demand all monies paid by the Town in pursuance of any such settlement and also such
sum shall represent the reasonable costs of the Town or its solicitors in defending or settling
any such action, suits, claims or demands.
4. If at any time hereinafter the Council of the Town of Tillsonburg in its sole discretion,
resolves to terminate the privileges granted therein, the Owner agrees to remove the
encroachment or any part or parts thereof within sixty (60) days next after notice in writing of
such resolution has been delivered or posted by prepaid mail to the Owner at their address at
the aforesaid premises and the Owner shall not be entitled to claim any damages whatsoever
for the removal of the encroachment or any part or parts thereof.
5. If the Owner shall fail to maintain the encroachment in a safe condition to the satisfaction of
the Town in its sole discretion or fail to remove the encroachment or any part of parts thereof
pursuant to the provisions of the next preceding paragraph of this Agreement or if, on the
request of the Town, they refuse or neglect to repair the encroachment or any part or parts
thereof within a reasonable time, the determination of which time can be made by the Town
in its sole discretion, or remove the encroachment or any part or parts thereof within sixty
(60) days after demand therefore by the Town, then the Town may cause the required work to
be done or the required removal to be effected either by its own servants or by some other
person and the costs shall be determined and evidenced by a certificate of the Treasurer of
the Town and this determination shall be final. All such costs, charges and expenses so paid
or incurred on the lands until fully discharged by the payment thereof and the jurisdiction as a
debt owing y b the Owner to the Town or may at the sole option of the Town be recovered by
if from the Owner in like manner as municipal taxes as prescribed in Section 326 of the
Municipal Act, R.S.O. 1990, Chapter M.45.
6. No length of time or of enjoyment by the Owner of the encroachment or any part or parts
thereof shall ensure or give a right to the Owner or their heirs, successors or assigns to
maintain the encroachment or any part or parts thereof or acquire an easement or shall
deprive the Town by the operation of any statute of limitation or otherwise of any right to
require the removal of the encroachment or any part or parts thereof.
7. The Owner covenants and agree with the Town that the encroachment upon the said highway
shall be limited to the encroachment depicted in Schedule "A" of this Agreement and that
they will not increase, extend or enlarge or permit the increase,. extension or enlargement of
the said encroachment in any manner whatsoever.
8. The Owner covenants 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 this agreement
shall be paid by the Owner.
9. The Owner covenants and agree with the Town that in the event of the Owner 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.
10. The Owners covenant and agree with the Town that for the purpose of this agreement, notice
may be given to the Owner for the time being, by mailing the notice post paid and addressed
to the Owner of the address of 39-41 London Street East, Tillsonburg, ON, N4G 2K9.
11. This agreement and everything herein contained shall respectively enure to the benefit of and
by 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 this C .- day of 2009.
SIGNED, SEALED and DELIVERED
in the presence of (OWNER
(JA$E ANN MC LEAN
L
(THE CORP TION OF THE
(TOWN TILLSONBURG
MAYOR
(STEPHEN MOLNAR
r 9
CI L
(CLERK
(MICHAEL GRAVES