CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW

Transcription

1 CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO ENTER INTO A RIGHT OF WAY AGREEMENT WITH THE FOLLOWING OWNERS ALONG GREENFIELD LANE: HENDERSON-SULLIVAN, CHISAMORE, COWIE, BURNS AND NAIDA. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, a municipality has the capacity, rights, powers privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Corporation of the Township of Leeds the Thous Isls deems it expedient to enter into an agreement with the Owners; NOW THEREFORE the Council of The Corporation of the Township of Leeds the Thous Isls hereby enacts as follows: 1. That the Mayor Clerk are authorized to sign duly execute all necessary documents to enter into a Right of Way Agreement as the right of way crosses over township owned ls. 2. That Appendix 'A' attached hereto forms part ofthis By-law. 3. That the Mayor Clerk authority direction to execute the above noted Agreement extends to any renewal agreements or administrative amendments to the Agreement. 4. That this by-law shall come into force take effect of the day of passing thereof. READ A FIRST AND SECOND TIME THIS 10 th DAY OF JUNE, READ A THIRD TIME AND FINALLY PASSED THIS 10 th DAY OF JUNE, ( J~ ~Vanessa Latimer, Clerk

2 The Effective Date of this Agreement is the Day of 2013 BETWEEN: Vicki Joanne Henderson-Sullivan, Rosemary Ann Chisamore (" Vicki Henderson Sullivan") ("Rosemary Chisam ore") Ernest Lawrence Chisamore ("Ernest Chisamore") Sheila Anne Cowie ("Sheila Cowie") James Cowie ("James Cowie") Township of Leeds the Thous Isls ("Township") Karl Webster Burns ("Burns")

3 2 James Thomas Naida ("James Naida") Jacqueline Naida ("Jacqueline Naida") Background Facts 1. Vicki Henderson-Sullivan is the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 1 on reference plan 28R-14098, being part of PIN (LT) being part of the proposed right-of-way ("the proposed right-of-way"). Vicki Henderson-Sullivan is not a spouse. 2. Rosemary Chisamore is the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 2 on reference plan 28R-14098, being part of PIN (LT) being the other part of the proposed right-of-way. 3. Rosemary Chisam are is also the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 2 on reference plan 28R-6391, being part of PIN (LT) being prut of the existing right-of-way ("the existing right-of-way"). Ernest Chisamore is the spouse of Rosemary Chisamore. 4. Rosemary Chisamore Ernest Chisamore are the owners of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 1 on reference plan 28R-6620, being part of PIN (LT) also being part of the existing right-of-way.

4 3 5. Sheila Cowie is the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 2 on reference plan 28R -6620, being part of PIN (L T) also being part of the existing right-of-way. James Cowie is the spouse of Sheila Cowie. 6. Bums is the owner of a parcel in the geographic Township of Lansdovme, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 3 on reference plan 28R-3378, being part of PIN , also being part of the existing rightof-way. Bums is not a spouse. 7. The Township is the O\vner ofa parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of the road allowance between the Sixth Seventh Concessions, in Lot 20, designated as Part 2 on reference plan 28R-3378, also being part of the existing right-of-way. 8. Bums is also the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Sixth Concession, designated as Part 1 on reference plan 28R-3378, being part of PIN , also being part of the existing rightof-way. It is encumbered by an agreement between himself Ernest Chisamore - registered on December as instrument LR which established the Burns - Charleston Lake Cottagers Association ("the Association"). 9. James Naida is the owner of a parcel in the geographic Township of Lansdowne, in the Municipality of Leeds the Thous Isls, in the County of Leeds, being composed of all that portion of Lot 20, in the Seventh Concession, designated as Part 1 on reference plan 28R-2358, being all of PIN , being the parcel which is intended to have the benefit of both the proposed right-of-way the existing right-of-way ("the dominant tenement"). Jacqueline Naida is James Naida's spouse. 10. Vicki Henderson-Sullivan, Rosemary Chisamore, Ernest Lawrence Chisamore, Sheila Cowie James Naida are ail members of the Association.

5 4 11. The Association has established rules pursuant to which its members will ensure pay for maintaining the road over the existing right-of-way to an appropriate stard, as required by Section 5.8.lef) ofthe Township's Official Plan. 12. The existing right-of-way is called Greenfield Lane. 13. The proposed right-of-way is an extension of Greenfield Lane. Agreement NOW THEREFORE the parties hereto acknowledge agree as follows: 14. Ernest Chisamore, Sheila Cowie, James Cowie Burns all consent to the Vicki Henderson-Sullivan Rosemary Chisamore granting a right-of-way over the proposed right-of-way over the existing right-of-way for the benefit of the dominant tenement. 15. James Naida only shall ensure that a road over the proposed right-of-way is constructed to an appropriate stard, as required by Section 5.8.l(f) of the Township's Official Plan, within one year of the effective date of this agreement ("the effective date"). 16. Vicki Henderson-Sullivan, Rosemary Chisamore, Ernest Chisamore, Sheila Cowie James Naida shall ensure, pursuant to the Association's rules, that the road over the proposed right-o~-way over the existing right-of-way is maintained to an appropriate stard, as required by Section 5.8.1(f) of the Township's Official Plan. 17. The proposed right-of-way shall be called Greenfield Lane. 18. Neither Bums nor the Township has any responsibility for the maintenance of Greenfield Lane. 19. The effective date of this agreement is the date on which it is signed by the last party to sign. 20. This agreement shall enure to the benefit of be binding upon the parties hereto

6 5 their respective heirs, executors, successors, administrators assigns, all covenants agreements herein contained, assumed by or imposed are deemed to be covenants which run with the l bind the ls herein described. 21. The individual parties further acknowledge to the Township that, unless James Naida constructs the proposed right-of-way unless members of the Association maintain the existing right-of-way the proposed right-of -way to an appropriate stard, as required by paragraph 16 herein, it may be that emergency vehicles will not be able to reach the ls described herein, the individual parties hereby release the Township from against any claims, actions, causes of action, suits or dems arising out of the fact that the Township has not constructed or maintained the existing right-of-way or the proposed right-of-way or the fact that emergency vehicles were tillable to reach the ls described herein. IN WITNESS TO WHICH me PARTIES HAVE HEREUNTO SET THEIR HANDS. VICKI JOANNE HENDERSON-SULLIVAN ROSEMARY ANN CHISAMORE ERNEST LAWRENCE CHISAMORE SHEILA ANN COWIE

7 6 SIGNATURE OF JAMES COWIE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS PER: H fl'l or PER: CflIEf ADMI}>HSTRA:TIYE OfFtCER CLERK ~. "J t ~ ~ J(J~~. SIGNATURE OF KARL WEBSTER BURNS SIGNATURE OF JAMES NAIDA SIGNATURE OF JACQUELINE NAIDA