3017 To authorize an Encroachment Agreement with Kevin Duane Hiebert and Caroline Hiebert affecting Lot 24, Plan 500, municipally known as 318-320 Tillson Avenue.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMB
A BY-LAW to authorize an Encroachment Agreement with
Kevin Duane Hiebert and Caroline Hiebert affecting Lot 24,
Plan 500, municipally known as 318-320 Tillson Avenue.
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 24, 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).
time passed, signed, sealed and number 'lis
READ a first, second and third , p gn v
22nd day of April 2002.
Ma or
CAO/Me 'rk
J,� - 141:4 1-1. L. I - I- - - I I LL ::)I-Jl -10l MI -1 Div Dvjul r-,. Ulll
SCHEDULE "A"
ENCROACHMENT AGREEMENT
AGREEMENT made in Quadruplicate this day of
2002.
BETWEEN:
THE CORPORATION OF THE TOWN OF T1 ONBURG
hereinafter called the "Town"
OF THE FIRST PART
- and -
KEVIN OUANE HIEBERT AND CAROLINE HIEBERT
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 24 , Plan 500-- - - -
AND WHEREAS the downstairs entrance and concrete steps situated on the said
lands andpremises and encroaches on Bond St., in the Town of Tillsonburg, County
of Oxford, as shown 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 VMEREAS the Town is of the opinion that allowing such use and.maintenance
would not be against the public interest.
NOW THEREFORE THIS AGREEMENT VVITNESSETH 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
downstairs entrance and concrete steps which encroaches on Bond St.
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 I id
downstairs entrance and concrete steps 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 downstairs entrance and concrete steps
encroaching on Bond St., 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 prernises above described
and the covenants he contained shall be deemed to run with the said lands and
P
remises and bind the owners and occupiers thereof from time to time.
j HIA— I I L to JD o I i
THIS AGREEMENT shall ensure to the benefit of and be binding upon the parties
hereto, their heirs, executors, administrators, successors and assigns.
IN MTNESS 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 te,,� day of
2002.
SIGNED, SEALED AND DELIVERED
In thepresence of. THE CORPORATION OF THE
TOWN OF TI 0 BU G
7Z
or, Iry Horton
lark, Deve Morris
Kevin Duane Hiebert
Carolina Hiebert
WA. se
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