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Home My WebLink About93-26 ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93-26 Being a by-law to an encroachment Corporation of the Lloyd authorize the execution of agreement between the Town of Newcastle and Floyd 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 Floyd Lloyd, 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. ~~/ MAYOR CLERK . ~ Prc!vince -of\ "_ Ontario :~ Ontano Document General 9;2-;) d~ cJ 3 - ;;ZG, DYE & DURHAM CO. INC.-Form No. 985 Amended NOV. 1992 Form 4 - Land Registration Reform Act o " (1) Registry ex (3) Property I dentlller( s) <Y / /:J Land Titles 0 T (2) Page 1 of $ pages V;~ Block Property Additional: See 0 Schedule . ;;:: 0 (\,J - ..... If) <( ,.."... 1-- CD ~O' CD ~~ ~ '-" >- C- o:: ~_ ..J Lt..~ Z ::r- Ox 0 I..tl u;: W 1-:::) en <: Q ::J 0 <.:> W LI... 0 I- ~ a: u.. IoU 0 CO,) ex: 0 u.. r:- I...r) (4) Nature of Document rl E c... 0: <It 0:: 1-- \ . ~ ~ " oj <.:> , ~;~'L..l '-~~ Z <: -' ENCROACHMENT AGREEMENT (5) Consideration M (\,J c:.:> ==> a:: CD 0) .. Not Applicable (6) Description Dollars $ Part of Lot 31, Concession 8, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, designated as Part 1 on Plan 4OR-I4463. New Property Identifiers Additional: See 0 Schedule Secondly, Part of the Road Allowance between Lots 30 and 31, Concession 8, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, designated as Parts 2 and 3 on Plan 40R -14463. Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement Plan/Sketch i (b) Schedule for: O .':, Desc" 0 nptlon Additional Parties 0 Other 0 (8) This Document provides as follows: See attached Encroachment Agreement between The Corporation of the Municipality of Clarington (formerly The Corporation of the Town of Newcastle) and Floyd Lloyd made as of the 15th day of April, 1993. The name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Clarington by The Regional Municipality of Durham Amendment Act (Newcastle-Clarington), 1993. Continued on Schedule 0 ( (9) This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) } TIlE CORPORATION OF TIlE . . . MUNiCiPAl.iTY' OF Cl.AlUNG10N' . . . . . . . . . b. li . . ., y.lts.so Clwr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(s) Date of Signature Y M 0 ~.. ? -~ i 1996 !tl7! rJ... .. . By:"...........................!..... i'" .. . . . Nicholas. T. .M;lw,. . . . . . . . . . . . . . . i . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . .. ... ., : (11) Address for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 . . .~~.' .~.O,,~ ~~c.e~~). . . . . . . . . . . . . . . . . . . . . ! 1996 ! . . . . . 0.' . . . . . . . . . . . . . . . . . . . 0.' . . . . . ... . . . . ., . . . , . , I , I , . , , , , I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . ., . . , , , I , , , , , , , , , I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 . . . . ., . . , , , I , I I I , I , I , I (13) Address for Service Not Assigned Nicholas T. Macos 130 Adelaide Street West Suite 2600, Toronto, Ontario MSH 3P5 ~ Fees and~~ ..J (If ) ~ Registration Fee \r-V w en ::J w o ~ u.. o a: f2 Total I (14) Municipal Address of Property (15) Document Prepared by: · THIS AGREEMENT made as of the J IS ./ day of C~ ' 199~. " BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter referred to as the "Town") -and- .. Floyd Lloyd (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 8894 Enfield Road (hereinafter referred to as "the Property"); B. The public highway(s) known as the road allowance between Lots 30 and 31, 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 between Lots 30 and 31, Concession 8, former Township of Darlington, 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. 40R-14463 prepared by Donevan Fleischmann, Ontario Land Surveyor, dated October 6, 1992, and annexed hereto as Schedule "A"; E. The Town maintain Licensee Licensee has granted to the Licensee permission to erect the Encroachments upon the condition that enters into and executes this Agreement, which has agreed to do; and and the the F. The making of this Agreement authorized by By-law #93-26 passed on the 25th day of January, 1993, a true copy of which is annexed as Schedule "C". NOW 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 Encroachments until such time as the removal of the Encroachments is required as hereinafter provided (hereinafter referred to as the "Licence"). 2. 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. 3. The Licensee will, at its own costs, charge and expense and to the satisfaction of the Director, alter or remove the Encroachments from the Road Allowance forthwith after being given thirty (30) days' notice in writing from the Director to do so, before the date specified by such notice without being enti tled to any compensation whatsoever for such alteration or removal, and if the Licensee fails to alter or remove the said Encroachments as requested by the Director, the Town may remove or alter the same and restore the Road Allowance, all at the cost, charge and If: ~ .', 2 expense of the Licensee and the certificate of the Director as to the cost of such removal or alteration or restoration shall be final and binding upon the Licensee and the Town may recover the same from the Licensee in any court of competent jurisdiction, as a debt due and owing to the Town. 4. The Licensee will, from time to time and at all times hereafter, well and truly save, defend and keep harmless and fully indemnify the Town and any other Corporations, Boards, Commissions or Bodies having utilities or services which may in any manner be affected by the erection or maintenance of the Encroachments from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless or whether or not they be parties hereto, for or by reason of or on account of the permission hereby granted to the Licensee and/or the exercise by the Licensee of such permission and/or the erection and maintenance of the Encroachments and appurtenances thereto and/or anything in any manner relating thereto, including, but without limiting the generality of the foregoing, all actions, suits, claims and demands which may arise as a result of water dripping from the Encroachments onto the said public sidewalk and/or highway because of the lack of adequate drain connections affixed to the Encroachments, and that in case any action, suit, claim or demand be brought against or made upon the Town or any of its respective officers, servants, workers or employees, the Town may, upon written notice to the Licensee, and if not forbidden by the Licensee within fourteen days thereafter, if the Town shall see fit, compromise any such actions, suits, claims or demands on such terms as the Town shall see fit, and the Licensee shall thereupon forthwith pay to the Town the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Town or its solicitors in defending or settling any such actions, suits, claims or demands, but if the Licensee forbids such compromise within the said period, or if no such compromise be affected, then the Licensee may be made party to such actions, suits, claims or demands and will in every case fully indemnify the Town, its officers, servants, workers or employees. 5. The Licensee shall facilitate the repair, relocation and construction of any and all utilities over or under the said Encroachments, as may be required from time to time by the Director by written notice given to the Licensee. 6. The Licensee shall obtain and maintain public liability insurance (personal injury and property damage) covering the maintenance of the Encroachments in the amount of at least One Million Dollars ($1,000,000.00) for all damages arising out of an accident or occurrence or series of accidents or occurrences naming the Town as additional named insured and containing a cross-liability endorsement all satisfactory to the Treasurer of the Town. The Licensee shall deliver to the Treasurer of the Town, from time to time when requested, a copy of such insurance policy certified and signed by the insurer. The issuance of such policy or policies of insurance or the acceptance of it or them by the Town shall not be construed to relieve the Licensee from responsibility for other or larger claims for which the Licensee may be held responsible. If i) the Property is used for residential purposes and ii) the Property is temporarily unoccupied and iii) following the application of the Licensee to the Town's Treasurer, the Treasurer is of the opinion that insurance required to be obtained pursuant to this paragraph is not commercially available at normal consumer rates for home owner's insurance, the Licensee shall not be required to maintain such insurance during the period of time that the Property is unoccupied. 7. If the Licensee shall transfer or sell the Property or any portion thereof then i) the Licensee shall forthwith notify the Town in writing of such sale or transfer, together with the name and address of the transferee or purchaser and ii) this Licence shall terminate on the expiry of the period of thirty (30) days following such sale or transfer unless such transferee or purchaser, within the aforesaid thirty (30) days, enters into an agreement with the Town to assume the obligations of the Licensee pursuant to this Licence. On the making of the aforesaid assumption agreement with the Town, the transferee or purchaser shall be deemed to be the Licensee for the purposes of this Licence and the transferor or vendor of the Property shall have no further obligation under this Licence. ~ 13. 14. :>I 15. 16. r,' '+ ". 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, all 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. 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. 11. 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. 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. Any notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, ~owmanvjlle, Ontario, Attention: Director of Public Works and the Licensee at Kf..'>:=# {,CJ:_~fI^^ 6)\.:(; . K c~ f k ~ Attention: . Such noti~e, 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 service 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 service is restored. This Agreement may be registered against title to the Property and the cost of preparation and registration of the same shall be paid by the Licensee. The 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. 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 Allowance and to maintain the same until such time as the removal of the Encroachments from the Road Allowance may be required as hereinbefore provided. :f ~ 4 17. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective (where applicable) heirs, executors, administrators, successors and assigns. 18. This licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this licence. IN WITNESS WHEREOF, this licence has been duly executed by the parties hereto as of the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE By: And: ~~ . --- ) rES~, j -jV~~ j ;P~~~'L dJ.,/ .1::2:#/d:Q WITNESS: ) newcastl\coxagt.c1n " #-~.. SCHEDULE C .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93-26 Being a by-law to authorize the execution of an encroachment agreement between the Corporation of the Town of Newcastle and Floyd Lloyd 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 Floyd Lloyd, 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 Jan~ary, 1993. ~~J MAYOR CLERK 46 - ) . . f ~..... ... .. 5 SCHEDULE "B" Part of Pmoertv Location OIl Pmoertv Approximate Size Beightol Bottom .Above Gtadc MaDmum &c:roacbment ;;> ." '...' ,,'.r-.' , , ~ ."~ ,,:"'~' .. ';:J<:j.",t' , ~, '~ - .r ~ :E .' .', , ~j, ~.....,.:. ...(,.} <";..,. ~ I It (;. " . .'~~'~~V-/V....' ~f-\ ......'{ . .' - .... ,.' . .. j~,- , .... ~ :. ,'i .... ,;.. ~"" c' :.. .j ;i ~ ~:', . ~ . OFFICE,. cQP)': J'DQNEvA~ FLEISCH~ANN P~TRICH, LTD:' I . , 'THIS PLAN' SUPERCEDES PLAN 40R-,14459 AREA 0.206 ' (Jcres ,191 $qft 60 sqft 1~()Al) 'ALL()\}JAN(~r: 13[:TWt~EN C()NCE~5~)I()NS 8 AND 0 .I. .~3 t ,"'J l I . . ~5 ,I' , '. ,.!O 'I- I, I I. I ~- I ~~ tl_ · I I j (1.. . ,.. N12~J8'1 Q"E f J I I J f I CON CESSION I I 'b-~ I~a (tooe) ... [.(JT, r'.. 01- . ~" r.... , 'It d, :~ ....: tJ) ~ fENC€ l.(jW It 626ft (02) 80,21/ t.4fAS. ~ -x-- ~ N7416t20"E fENC€ 2~W O,J'N DE'T AIL - NOT TO SCALE --- -- / """ / / / PART I' I S€T 18 'Mr. IN SASt: or 0La ftNct POS1'. ~8.61' ~ N741620 f! \ \ " " 1 ftNC( ..is O.2't. . . fl ~ t. ~ , ~ [l . t, 3. - I ,- ~- *, ~ ~~ ...~ H Z ~ ~~. . ~; ~ iM N.t. ANGl! (A lOl J'. CON~ 8 ftNct . 1.2'S- ~;'1 , INST.. No. PART' 6872 1 8 REMAINS or / POS1' &I 'MR€ ft.NC! ---- 08.61' I \ \ INST. No. 111 ~i04 ~ / / . " ./ .......... - - .~ 7 I . .," ~. ~~ r"' N~ ~i ..... z SE r Ie 'Mr. iN BAst: Of OlD fENC~ POST / J - P )\,H T 1 PLJ\N .1 OH--11 H8 ~i ~8 ~~. .......a ,- Sla (116J) ,.- r') "- o CJ -t.. ,,# _, <'4 ~ I"" -\ .... '- ..J (),; .....- c:> rl) (/) 1-- o C) __J __J I . I ~....J --.. ..... "'. I. .__ L..._ l.a.J . ;; .. L-. '"-- J..II.I 5 ~...J ~~ lJ.J en l.a.J {f} () < 1: 2: ci . "II :5: () J --, .- " '"-- ... : 2 - .t ...... "II I"" "'\ '-./ ,., .--, ....... '" ~ - ; , , c~... _ ~_ .. C) (}~ IV ~ :,PLAN 40R~~ ; ~ ' . . -- ", .', .,' , ;. ~ " , , ~ ~ ~,,' , " . , J .Re:Qf.J"i~~;tHr$ PLAN TO .ef! Ot;fOSHED. lJNOEft rn~ REGiSTRV . ACt<' ~. . RECElVl:O ANO OEPOSlTEO OAll · ccrJ.lr(:l, ocroatff e t 1992. PLAN OF. SURVEY OF 'PARt OF, LQT. 31, CONCESSION 8. AND . .PART' OF THE. R'OAD ALLOWANCE BETWEEN LOTS 30 AND" ,,3t. . CONCESSION 8 r()RMERL'y'TOWNSHIP OF DARLINGTON. COUNTY OF OURHAM, now rn the TOWN OF , NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE; 1 "=JO' w. JOHN BURG, O.L.S., 1992 ~ CAUTION: THIS PLAN IS NOT A PLAN OF SUBDtVlsrON WITHIN THE MEANING or: THE PLANNING ACT.. NOTE: " BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO lliE WEsttRL V UMtT OF mE AOAD AllOWANcg BETWEEn lOTS 30 ANDJ1. CONCESsrON 8 AS SHOWN Ot-l PLAN 10R-1168. HAVING A BEARING ot Nlr~2'2o-w. LEGEND . '- DENOTES SURVEY MONUMENT FOUND o DENOTES SURVEY MONUMENT SET SIB DENOTES STANDARD IRON BAR 18 DENOTES IRON 8AR 'MT DENOTES 'MTNESS OU DENOTES ORIGIN UNf<NOWN 01 DENOTES INSTRUMENT No. 6872 02 DENOTES INSTRUMENT No. 47291 CSM DENOTES CUT SlONI MONUM!NT ;.o.w. DENOTlS FAC! OF WALL ;.O.E. DENOTES FAC! OF [AW SURVEYOR'S CERTlFlCA TE leER nfY mAT: 1. n11S SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE 'Mm THE SURVEYS ACT AND THE REGISTRY ACT AND lliE REGULA 1l0NS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON -mE 2Jrd DAY OF ..JULY. 1992. ocrOBER (;). 1992. DATE d/ll!-~~ 'H. JOHN BURG ONTARIO LAND SURVf.YOR DONEVAN. FlEISCHMANN PETRICH L TO. ONTARIO lAND SURVEYORS lJJJTHORNTON ROAD SOUTH SUITE 2 OSHAWA llJ ac+ 720-4795, 683-3701 . DRAWN BY: SET CHK'O BY: JOJ PICKERING CORPORA IE CENTRE PICKERING L1 V 3P2 , (CONSUlnNtJ OfF1Cf) 839-8693 SCALE: f'u'30' JOB No. 92068 -