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Home My WebLink About93-25 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93-25 Being a by-law to authorize the execution of an encroachment agreement between the Corporation of the Town of Newcastle and the Estate of Frederick Milton Samis and Verna Marion Samis The Council of The Corporation of the Town of Newcastle hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, an Encroachment Agreement with the Estate of Frederick Milton Samis and Verna Marion Samis, in the form attached hereto as Schedule "A". 2. That Schedule "A" attached hereto forms part of this by-law. BY-LAW read a first and second time this 25th day of January, 1993. BY-LAW read a third and final time this 25th day of January, 1993. &~~Atl ) MAY-OR CLERK SCHEDULE "A" `PHIS AGREEMENT made as of the day of , 199 BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter referred to as the `Town") -and- ESTATE OF FREDERICK MILTON SAMIS AND VERNA MARION SAMIS (hereinafter referred to as the "Licensee") WHEREAS, A. The Licensee is the registered owner of the Lands in the Town of Newcastle described in Schedule "A" annexed hereto, which lands are municipally known as i 1648 Concession Road 9 (hereinafter referred to as "the Property"); B. The public highways known as Conc. Road 9 and Enfield Road forms part of the road system under the jurisdiction of the Town; C. The Licensee has made application to the Town for permission to maintain an encroachment within the road allowance of Cone. Road 9 and Enfield Road (hereinafter referred to as'the "Road Allowance") in the manner and to the extent as described in Schedule "B" (hereinafter referred to as the"Encroachments"); D. The Encroachments are to be erected and maintained in accordance with the Reference Plan No, prepared by , Ontario Land Surveyor, dated and annexed hereto as Schedule E. The Town has granted to the Licensee permission to erect and maintain the Encroachments upon the condition that the Licensee enters into and executes this Agreement, which the Licensee has agreed to do; and F. The making of this Agreement authorized by By-law #92' on the 13th day of October , 1992. NONY THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, and of the covenants and agreements hereinafter contained, the parties agree as follows: 1. The Town hereby grants to the Licensee permission to erect and maintain the r Encroachments until such time as the removal of the Encroachments is required as hereinafter provided (hereinafter referred to as the "Licence"). i The Licensee will, at its own cost, charge and expense and to the,satisfaction of the Director of Public Works of the Town (hereinafter referred to as "the Director") keep and maintain the Encroachments in good and proper repair and condition. I i 3 8. Without derogating from paragraph 3 hereof, if the Town passes regulations which would have the effect of requiring removal of the Encroachments over the Road Allowance, the Licensee, upon receipt of notice in writing from the Director to do so, will remove the Encroachments and appurtenances thereto from the Road Allowance and restore the Road Allowance, al,( to the satisfaction of the Director before the date specified in such notice,without being entitled to any compensation whatsoever for such removal,and if the licensee fails to remove the Encroachments and appurtenances thereto and restore the Road Allowance as herein provided, the Town may remove same at the cost, charge and expense of the licensee and the certificate of the Director as to the cost of such removal shall be final and binding upon the Licensee and the Town may recover such costs from the licensee in any court of competent jurisdiction as a debt due and owing to the Town, 9. The Encroachments shall be constructed,installed,occupied,and maintained in such a manner so as to ensure that there will be no interference with pedestrian or vehicular traffic and that the line of sight of any traffic sign or signal is not obscured. 10. The construction, installation, occupation operation and maintenance of the Encroachments shall comply with all applicable statutes, by-laws and regulations. 11. The Licensee will pay to the Town such fee or fees for the privilege hereby granted to maintain the Encroachments as may be hereafter from time to time prescribed by the Council of the Town to be paid by all owners of encroachments which project in whole or in part over any public highway,street or lane in the Town of Newcastle for the privilege of maintaining such encroachments. 12. All such sums and costs so paid,sustained or incurred by the Town as aforesaid, and all such annual fees or minimum fees, or-further or other fees to be paid by the Licensee as aforesaid,shall form and constitute a charge or lien on the Property until fully discharged by payment thereof. 13. The Town, its respective officers, servants, workers, employees, agents and contractors under its control or supervision or any of them shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the Property and/or the Encroachments or any part thereof,with all necessary people, plant equipment and material for the purposes of inspecting the Encroachments or removing the same from.the Road Allowance as hereinbefore provided; provided that such inspection shall not free or relieve the Licensee in any Way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the Encroachments in good and proper repair and condition. 14. 4m•notice, request,communication or demand under this Licence shall be in writin and sha11 be considered property delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario, Attention: Director of Public Works and the Licensee at Attention: . Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail serA,ice affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail se-ice is restored. 15• This Agreement may be registered against title to the propcfiy and the cost of prePar Lion and registration of the same shall be paid by [lie Licensee. J-he a Licensee shall deliver to the Town, in registerable form and at the Licensee's cost, postponements of any encumbrances registered against title to the Property. L3 16. Nothing herein contained shall be construed as giving to the Licensee anything more than permission to erect on and attach the Encroachments to the Road :Mlowance and to naintain file same until such time as the removal of the Encroachments [foil)the Road Allowance may be- required as hereinbefore provided. u� SCHEDULE"B" Height 9f Part LAxmtJoa on ApproAmate Bottom Ma)dmum of Pr000rty Proms Stu Above Grade Fnmachmcnt i I • I, Q mcfai clad { goroge { N { N 0.09 m C (0.28') OI { { 1.74 m (5.T) 2 storey (tome housa { 1.54 m Street line (5.1') 10:2)-M m (3.4' CONCESSI0N R OAD 9 L k c cc I0H oeo ro I � K OM Yu $u xii it � of tll r r COMCCSSIOr( Ii � \ oli o x 8040 9 � IFOnc Sw4. � V RORO 9 j 4) SUBJECT �I oll IW ' DRAWN BY: J. M DATE: MAY 1992 ATTACHPENT N0. 2 2. all WD-73-92