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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 � tx 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 .� N W tD r� i D i/V l IN 4Y o� ok ;0 't O kaGlll 6 N520 2.6' OO'E _� 4 N520 26'E 36.0' --T Op` INST. No. 213245 P. z L C) -f i C)T 1500 o 1501 319.06 L� 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