BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA. "A By-Law respecting an Encroachment on John Street"

Transcription

1 BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA "A By-Law respecting an Encroachment on John Street" WHEREAS ROBERT JOSEPH WILLIAM AITCHISON is the registered owner of Lot 79, on the East side of Thelma Street, according to Registered Plan 259 (SP for the City of Sarnia, County of Lamb ton, and part of the building erected on the said Lot, municipally known as 1972 Thelma Street, Sarnia, (the "Premises" projects on the highway known as John Street, in the City of Sarnia, to the extent indicated on the sketch or plan hereunto attached as Schedule "A"; AND WHEREAS ROBERT JOSEPH WILLIAM AITCHISON (hereinafter called "the Owner" has applied for permission to retain, maintain and use such projection on the said highway. of Sarnia enacts as follows: AND THEREFORE the Municipal Council of The Corporation of the City l. That the encroachment of the fence and contained structures erected upon John Street, in the City of Sarnia may be retained, maintained and used to the extent shown upon the said Schedule "A". 2. That the fence and contained structures may be maintained and used in the location shown on Schedule "A" for a period not exceeding the life of the building now erected upon the Premises. Upon the demolition or destruction of said building, either completely or in such substantial degree as to be incapable of restoration except by reconstruction (of which a Judge of the General Division in the County of Lamb ton shall be the sole judge, the lands occupied by such encroachment shall be restored by the Owner to a suitable condition for use by the City of Sarnia for the purposes of a street.

2 -2-3. That the permission granted by this By-Law shall enure to the benefit of and the obligations resulting therefrom as hereinbefore set out be binding upon the heirs, executors, administrators, successors and assigns of the Owner and of The Corporation of the City of Sarnia. 4. The Owner shall, as a condition of the granting of permission hereunder, enter into an Agreement with The Corporation of the City of Sarnia in the form annexed hereto as Schedule "B"; and the Mayor and Clerk are authorized to execute such Agreement on behalf of the Corporation and to affix the Corporate Seal of The Corporation of the City ofsarnia thereto. 5. The Owner, and any successor or assignee, covenant and agree to assign and transfer this agreement to any successor or assignee of the Premises and acknowledges that such assignment will not be valid unless and until the successor or assignee covenants in favour of the City to be bound by all of the terms and conditions of this agreement from and after the date of its assignment as aforesaid, it being the intention that the owner, from time to time, of the Premises shall have the benefit of and be liable for performance of the obligations contained in this agreement. Such covenant by the r.uccessor or assignee shall be in the form annexed hereto as Schedule "C"; and the City's Solicitor is authorized to execute such agreement on behalf of the Corporation. 6. Notwithstanding anything herein contained, the permission to maintain and use the said encroachment shall be terminated and the Owner shall restore the lands occupied by such encroachment to a suitable condition for use by the City of Sarnia for the purposes of a street upon The Corporation of the City of Sarnia giving three (3 months written notice to the Owner that the lands occupied by such encroachment are required for road purposes or any other municipal purposes as deemed necessary and appropriate by Council for the City of Sarnia.

3 This By-Law shall come into force and effect upon being finally passed. FINALLY PASSED this ;;< q tf.t-. day of, 1998.

4 S(}JEWLE "A" N J <: I II "'1:: 1;, J 0 ff N 5 T R E E T n-fis PORnON OF JOHN STREET FAST OF nlnma AVENUE: IS UNOPENED CIfAIN UNk FFNCE c , 31' STONF: 0 nre PIT.GISTEREO " '" n: '-- "'1::.. j III ::t k RIR(RP259 t go n. hl!t"b' b (' 0...!i'.,... z r (R_P.259 N88'12'00"W lit MEAS CONCRETf: _ PAno STONES" ' (R.P,2!S9 IIi:: '(MUS - PT2T%'O'7T7,"",,-ror:t... CONCRETF: PAT70 STONES "!"o"'.."".-><1.. "1_mETF: ' i PLAN ;36.7' -r-:.-r7'7% '11172 melm" AYE..: r'!o l' INSr. 36.7'. /,09' /'-. /' -- N88'12'OO"W ' '< (R.P.259 & MUS E: A S E: MEN r LOT olf- NEW '"'" 1 1/2 STOREY FRAME OWEWNG., INSr. No. 7 9,:1766lJ Fq '" CHAIN UN/( n::nce 80.00' (R.P ,00' (MUS.' <: 3 Q 18(926 _ rrame SHEO 1:1 OH cotterell: PAD '1-- '-'--J HORnl race C'l r; ON UNE!-l.J (0.7' EAYE OVER I--.. C V --J ffi 0::

5 THIS IS SCHEDULE "B" TO BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA AGREEMENT made this day of, BETWEEN: ROBERT JOSEPH WILLIAM AITCHISON (hereinafter called "the Owner" OF THE FIRST PART - and- THE CORPORATION OF THE CITY OF SARNIA (hereinafter called "the City" OF THE SECOND PART WHEREAS the Owner has requested the City to authorize the Owner to maintain the encroachment of the fence and contained structures located upon Lot 79, on the East side of Thelma Street, according to Registered Plan 259 (SP for the City of Sarnia, County of Lamb ton, which fence and contained structures encroach upon John Street in the City of Sarnia to the extent and in the manner shown upon a sketch or plan annexed to the By-Law aftermentioned; AND WHEREAS By-Law Number of 1998 has been enacted by the Municipal Council of The Corporation of the City of Sarnia with respect to such encroachment; AND WHEREAS the Owner is willing to indemnify and save harmless the City from all losses, costs and damages which might arise by reason of such encroachment. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and authority granted by the said By-Law Number of the City of Sarnia, the Owner covenants and agrees: 1. To indemnify and save harmless the City from all claims, demands, losses, costs, charges and expenses which the City may sustain, incur or be liable for in consequence of the authorization given by the said By-Law to maintain said encroachment.

6 -2-2. This Agreement shall be binding on the Parties and their respective heirs, executors, administrators, successors or assigns. WITNESS the signatures and seals of the Owner and the Corporate Seal of the City duly attested by its proper officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of Witness ROBERT JOSEPH WILLIAM AITCHISON THE CORPORATION OF THE CITY OFSARNIA Mayor Clerk (DF-C8 C:WPDOCSAGREEAITCHISON - ENCROACHMENT

7 DATED:,1998 BETWEEN: ROBERT JOSEPH WILLIAM AITCHISON - and- THE CORPORATION OF THE CITY OF SARNIA AGREEMENT THE CORPORATION OF THE CITY OF SARNIA (APP:dt Legal Services City Hall Sarnia, Ontario N7T 7N2

8 THIS IS SCHEDULE "C" TO BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA AGREEMENT made this day of BETWEEN: PURCHASERS' NAMES (hereinafter called "the Owner" OF THE FIRST PART - and- THE CORPORATION OF THE CITY OF SARNIA (hereinafter called "the City" OF THE SECOND PART WHEREAS the Owner wishes to maintain the encroachment of the fence and contained structures located upon Lot 79, on the East side of Thelma Street, according to Registered Plan 259 (SP for the City of Sarnia, County of Lamb ton, which fence and contained structures encroach upon John Street in the City ofsarnia to the extent and in the manner shown upon a sketch or plan annexed to the By-Law aftermentioned; AND WHEREAS By-Law Number of 1998 has been enacted by the Municipal Council of The Corporation of the City of Sarnia with respect to such encroachment; AND WHEREAS the Owner is willing to indemnify and save harmless the City from all losses, costs and damages which might arise by reason of such encroachment. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and authority granted by the said By-Law Number of the City of Sarnia, the Owner covenants and agrees: 1. To indemnify and save harmless the City from all claims, demands, losses, costs, charges and expenses which the City may sustain, incur or be liable for in consequence of the authorization given by the said By-Law to maintain said encroachment.

9 -2-2. This Agreement shall be binding on the Parties and their respective heirs, executors, administrators, successors or assigns. officers in that behalf WITNESS the signatures of the Owner and the City duly attested by its proper SIGNED, SEALED AND DELIVERED in the presence of Witness PURCHASERS' NAMES THE CORPORATION OF THE CITY OFSARNIA by its Solicitor

10 BY-LAW NUMBER 2P OF 1998 OF THE CITY OF SARNIA ita By-Law respecting an Encroachment on John Street" READINGS: FIRST: C}u 0 9 Igqg SECOND:q,L'uJ aq,. Iq q g THIRD: ql Iq 1 THE CORPORATION OF THE CITY OF SARNIA (APP:df Legal Services City Hall Sarnia, Ontario N7T 7N2

11 DEPARTMENT CORRESPONDENCE People Serving People DATE: 17 June 1998 FILE: TO: Ron Brooks City Manager FROM: Alex Palimaka Associate Lawyer SUBJECT: 1972 Thelma Avenue - Encroachment on John Street This property is now under new ownership, and it is appropriate to enter into a new Encroachment Agreement with the new owner. Accordingly, please find attached, in duplicate, "A By-Law respecting an Encroachment on John Street", together with four execution copies of the proposed Agreement which have been executed by the Owner. Council's approval is respectfully requested. After approval, please return to this office three fully executed copies of the Agreement, together with the original and one certified copy of the By-Law for registration and distribution purposes. /df Att. c.c. A. Tuplin T. Coyle Mayor Bradley & Councillors C:WPDOCSJUNE17-98.DFS

12 DEPARTMENT CORRESPONDENCE People Serving People TO: FILE: FROM: DATE: RE: Alex Palimaka Associate Lawyer (Legal Evelyn Laird Clerk's Office June 30 th, Thelma Avenue - Encroachment on John St. Attached is a certified copy, as well as the original and a copy of By-law 80 of 1998, being "A By-Law respecting an Encroachment on John St.", for registration purposes. Attached also are three fully executed copies of the Agreement documents for registration and distribution purposes. c.c. R. McMichael M. Schnare T. Coyle

13 DEPARTMENT CORRESPONDENCE People Serving People DATE: 22 June 2001 FILE: TO: Evelyn Laird City Clerk's Department FROM: Alex Palimaka City Solicitor SUBJECT: 1972 Thelma Avenue - Encroachment Attached is the original of By-Law Number 80 of 1998, including the Indemnity Agreement attached thereto which has been fully executed by the City and the then owner Robert Joseph William Aitchison. This By-Law will not be registered, since it was originally intended that it would replace the Encroachment Agreement currently on title but, since Mr. Aitchison did not pay the registration fee, and since I have now determined that it is no longer appropriate for this By-Law to be registered, it will never be registered. Accordingly, this By-law is provided to you for retention in your records. The Indemnity Agreement found within the By-Law can be treated as ifit were an Indemnity Agreement under the original Encroachment Agreement under By-Law Number 155 of I apologize for the confusion I have cause everyone. APP:db Att. D.IMY DOCUMENTSIWPDOCSVUNE22-0IDB I