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HomeMy WebLinkAbout99-91 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- 91 Being a By-law to authorize an encroachment agreement between the Corporation of the Municipality of Clarington and Boville Holdings (1997) (Thomas White),Bowmanville, Ontario, for the property located at 53 King Street East,Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, an Agreement between Boville Holdings (1997) (Thomas White) and said Corporation; and 2. THAT this agreement attached hereto as Schedule"A"form part of this By-law. By-law read a first and second time this 28th day of June, 1999. By-law read a third time and finally passed this 28th day of June, 1999. Aayorr , DYE 8 DURHAM CO.INC.-Form No.985 Amended NOV.1992 Province Document General of D —i�— oMari° Form 4�—Land Registration Reform Act (��' (1) Registry © Land Titles ❑ (2) Page 1 of 7 pages D 5 4( / (3) Property Block Property identifier(s) Additional: o(f 26932 0267 See / Schedule (4)Nature of Document 1 0, Agreement } (5)Consideration 0 NIL Dollars$0.00 W D (6)Description Q Fart of Tovn Lot 16 in Block T, according to oJohn Grant ' s Plan being Part of Lot 12 , cr Concession 1 , Bowmanville More particularly described in Schedule attached Municipality of Clarington New Property Identifiers Additional: Regional 1 of Durham Sce hedule ❑ i �v�;- t-1,(a � 'J I ��2 Executions (T)This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional See ❑ Contains. Plan/Sketch ❑ Description ® Parties ❑ Other (9)This Document provides as follows: Encroachment Agreement dated June 28 , 1999 attached hereto. Continued on Schedule ❑ (9)This Document relates to Instrument number(s) (10) Party(fes)(Set out Status or Interest) Name(s) Sign Date of Signature ' YY M�� D TUF. CQRFQFZAT.ION OF THE . . . . . . . . . . . . . . . . . . . f F at i L. arri.e c.MUNIC.ZPALI.T.Y .QF. CLAEINCT.ON . . . . . . . . . . . . . ert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Municipality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)Address forservice 90 Temperance Street , BoFrmanville, Ontario L1C 3A6 (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D BOVIL.LE. HOLDINGS. .(.1997.). .ZNC... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (own.e r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13)Address tof SWAM (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax 53 King Street East Z Registration Fee Boumanville, Ontario Rhonda M. Bishop 0 LU 499 Browning Street U) Oshawa, Ontario W L1 H 6S8 LL 0 Cr 0 Total I I 3bf "7 - 2- 3. The Licensee will, at his own cost, charge and expense and to the satisfaction of the Director, alter or remove the Encroachments from King Street and Division Street 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 entitled 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 Municipality may remove or alter the same and restore King Street and Division Street, all at the cost, charge and 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 Municipality may recover the same from the Licensee in any court of competent jurisdiction, as a debt due and owing to the Municipality. 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 Municipality 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 action, suit, claim or demand be brought against or made upon the Municipality or any of its respective officers, servants, workers or employees, the Municipality may, upon written notice to the Licensee, and if not forbidden by the Licensee within fourteen days thereafter, if the Municipality shall see fit, compromise any such actions, suits, claims or demands on such terms as the Municipality shall see fit, and the Licensee shall thereupon forthwith pay to the Municipality the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Municipality 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 Municipality,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 Municipality as additional named insured and containing a cross-liability endorsement all satisfactory to the Treasurer of the Municipality. The Licensee shall deliver to the Treasurer of the Municipality, 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 Municipality 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 Municipality'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. 3- 7. The Licensee shall transfer or sell the Property or any portion thereof then i) the Licensee shall forthwith notify the Municipality 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 Municipality to assume the obligations of the Licensee pursuant to this Licence. On the making of the aforesaid assumption agreement with the Municipality, 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. 8. Without derogating from paragraph 3 hereof, if the Municipality passes regulations which would have the effect of requiring removal of the Encroachments over King Street and Division Street, the Licensee, upon receipt of notice in writing from the Director to do so, will remove the Encroachments and appurtenances thereto from King Street and Division Street and restore King Street and Division Street, 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 King Street and Division Street as herein provided, the Municipality 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 Municipality may recover such costs from the Licensee in any court of competent jurisdiction as a debt due and owing to the Municipality. 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 Municipality 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 Municipality to be paid by all owners of encroachments which project in whole or in part over any public highway, street or lane in the Municipality of Clarington for the privilege of maintaining such encroachments. 12. All such sums and costs so paid, sustained or incurred by the Municipality 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 Municipality, 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 Queen Street is 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. -4- 14. 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 Municipality at 40 Temperance Street, Bowmanville, Ontario, Attention: Director of Public Works and the Licensee at 4100 Holt Rd., Hampton, Ontario, LOB 1JO, Attention: Boville Holdings (1997) Limited (Thomas White). 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 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. 15. 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 Municipality, in registerable form and at the Licensee's cost, postponements of any encumbrances registered against title to the Property. 16. Nothing herein contained shall be construed as giving to the Licensee anything more than permission to erect on and attach the Encroachments to King Street and Division Street and to maintain the same until such time as the removal of the Encroachments from King Street and Division Street may be required as hereinbefore provided. 17. This Agreement and everything contained herein shall ensure 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 the day and year first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: ayor- iane Harare And: puty Cle - ri Knight St ley -------------------------) ---- ----=--- --- WITNESS: o as White,Property Owner vi e Holdin s(1997)Inc.Dated Dated this 28'day of June 1999. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- 91 Being a By-law to authorize an encroachment agreement between the Corporation of the Municipality of Clarington and Boville Holdings (1997) (Thomas White), Bowmanville. Ontario, for the property located at 53 King Street East, Bowmanville. Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, an Agreement between Boville Holdings (1997) (Thomas White) and said Corporation; and 2. THAT this agreement attached hereto as Schedule"A" form part of this By-law. By-law read a first and second time this 28th day of June, 1999. By-law read a third time and finally passed this 28th day of June, 1999. ayor i Cler ±�. f'1ovhicu Uo Nlocess Ourlwaie Ltd. - (416)JLL-6I I 1 GWG d Schedule Onlprlo Form 5—Land Registration Reform Act Page I anal Property Identifier(s)and/or other Information ' n continued ox(5) Descriptio co ALL and singular that certain parcel or tract of land and premises, lying and being in the Town of Bowmanville in the County of Durham and Province of Ontario, and being composed ofpart of town lot number 16 in Block "T" situate on the south side of King Street and west side of Division Street in the said Town of Bowmanville and which is more particularly known and described as follows, that is to say: COMMENCING at the north east corner of the said lot number 16 and at a point where the south limit of King Street in the said Town of Bowmanville is intersected by the west limit of Division Street; THENCE in a westerly direction along the south limit of King Street 20 feet and 4 inches to a brick building; THENCE in a southerly direction paraliei with tie said Divisicli Street 165 feet to the northern boundary of lot number 107 in the aforesaid block "T"; THENCE in an easterly direction along the northern boundary of the said lot number 107, 20 feet and 4 inches to the west limit of Division Street; THENCE in a northerly direction along such westerly limit of said Division Street 165 feet more or less to the place of begginning containing by admeasurement twelve perches more or less, according to a plan of the Village of Bowmanville m the Registry Office for the Registry Division of the West Riding of the County of Durham which plan was made by the John Grant P.L.S. and was registered on the 20th day of April, 1852. SUBJECT to a right-of-way over the southerly 15 feet from East to West of the lands hereinbefore described. U_J LLZ tl� OW Oj Document prepared using The Conveyancer E THIS AGREEMENT made as of Monday,June 28, 1999 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter referred to as the"Municipality') -and- BOVILLE HOLDINGS (1997)INC. (hereinafter referred to as the"Licensee") WHEREAS: A. The Licensee is the registered owner of the Lands in the Municipality of Clarington described in Schedule "A" annexed hereto, which lands are municipally known as Part of Lot 16, Block "T" Part of King Street and Part of Division Street, all according to John Grant's Plan, being Part of Lot 12, Concession 1, all in the Town of Bowmanville, (hereinafter referred to as"the Property"); B. The public highway(s) known as King Street and Division Street, form part of the road system under the jurisdiction of the Municipality; C. The Licensee has made application to the Municipality for permission to maintain an encroachment within the road allowance known as King Street and Division Street, former Town of Bowmanville, in the manner and to the extent as agreed upon. D. The Encroachments are to be erected and maintained in accordance with the Reference Plan No. 40R19050, Parts 1 and 2, prepared by Brown & Coggan Ltd., Ontario Land Surveyor, dated April 1, 1997,a copy of which is registered in the Durham Land Registry Office. E. The Municipality 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 No. 99-91 passed on the 28th day of June, 1999, 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 Municipality 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 his own cost, charge and expense and to the satisfaction of the Director of Public Works of the Municipality(hereinafter referred to as "the Director")keep and maintain the Encroachments in good and proper repair and condition.