3015 To authorize an Encroachment Agreement with David Russell Lockhart and Amanda Lee Lockhart affecting Lot 324, Plan 500, municipally known as 7 Pearl Street.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBEf AVVrt
�=�
A BY-LAW to authorize an Encroachment Agreement with
David Russell Lockhart and Amanda Lee Lockhart affecting
Lot 324, Plan 500, municipally known as 7 Pearl Street.
WHEREAS it is expedient to enter into an Encroachment Agreement with the Owner of
lands described with the Owner of the lands described as Lot 324, Plan 500, 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 By -
Law be and is hereby approved and the Mayor and CAO/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, R.S.O. 1990, Chapter
M.45, Section 210 (107).
4
µ
,
READ a first, second and third time, passed, signed, sealed and number ft S
25th y
da of March 2002.
Mayor
CAO/Clerk
SCHEDULE "A"
ENCROACHMENT AGREEMENT
AGREEMENT made in Quadruplicate this 18th day of March 2002.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Town"
OF THE FIRST PART
- and - DAVID RUSSELL & AMANDA LEE LOCKHART
hereinafter called the "Owners"
OF THE SECOND PART
WHEREAS the Owner is the registered owner of lands and premises, in the Town of
Tillsonburg, County of Oxford, being Lot 324 on the south side of Pearl Street, Plan 500,
municipally known as 7 Pearl Street.
AND WHEREAS a step and ramp have been constructed on the west side of the
building on Lot 324, Plan 500, which encroaches onto the alley running between Pearl
Street and Pine Street as shown on Plan 500;
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
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 the portion of the brick
garage which encroaches onto the alley, 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 from time to time
of the said lands above described, 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
brick garage 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 brick garage encroaching on alley as shown on
the attached plan, as aforesaid, this agreement shall be terminated 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 time of the lands and premises above
described and the covenants herein contained shall be deemed to run with the said
lands and premises and bind the owners and occupiers thereof from time to time.
THIS AGREEMENT shall ensure to the benefit of and be binding upon the parties
hereto, their heirs, executors, administrators, successors and assigns.
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 18th day of March 2002.
SIGNED, SEALED AND DELIVERED
In the presence of: (THE CORPORATION OF THE
(TOWN OF TILLSONBURG
w----... May , ry Horton
(CA k, Dave Morris
(DAVID RUSSEL LOCKHART
(AMANDALEELOCKHART