1993-058 Oro
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<r11E CO\<V01'1>'f"IOll 01' 'fl1E 'fo'lll'lSl1"IV 01' 0\<0
B~-L~~ NO. 93-58
for an EnoroaObSent ~gree~ent l~ot5 ss
Being a By~~a~ to vro~ide
and 66, ~lan 589)
o ~990 5. 2~O' 5.5. ~01,
wRE\<~ tne ~unicipai ~ct. \<.5. ~oacnro~nt of puiidings or anY
for py_ia"'S to aiio'" for tne "a.~CrtentiY been constructed upon a
otner erection ",n>cn nave >na e
high'WaY;
~D wRE\<E~ an encroacn~ent of a
",eii e~i5tS fro~ LotS 55 and 68.
lIOW 'fl1E\<EFO\<E tne councii of tne
oro enactS as foiio"'s:
p autnorized to e~ecute tne
'fbat tne Reeve and Cier~ e d neretO and forming
Encroacn~ent Mree~ent. atta,;;n~
of tniS By-ia"" as 5cneduie ~.
t' ~ of a fra~ed carport and
por >0,,' .
pian 589 ontO ~>iicrest ~venue.
h' of
corporation of tne 'fO",ns >P
1...
. t force and ta~e affect
'fbat tniS By-ia'" snaii co~e >n 0
on itS finai passing tnereof.
2.
day of AUgust
11th
READ a first and second ti~e tnis
1..993.
READ a tnird time and finaiiY passed tniS
1..993.
lJ_th day of AUgust
'fl1E CORV01'1>'f"IOll 01' 'fl1E 'fo'lll'lSl1"IV 01' O\<O
Ree'\T
.
II
THIS AGREEMENT made in duplicate this
day of July, 1993.
BET WEE N:
CALVIN LEONARD NELSON, and
PHYLLIS MAY NELSON, both of the
Township of Oro, in the County of
Simcoe
Hereinafter called the "Licensees"
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP
OF ORO
Hereinafter called the "Township"
OF THE SECOND PART
WHEREAS the Licensees are the registered owners of all of Lots 55
and 68 according to Plan Number 589, of the Township of Oro, in the County of
Simcoe, as joint tenants, by virtue of a Deed registered as Instrument number
372510 on the 18th day of October , 1971;
AND WHEREAS a carport on the Licensees' property encroaches upon
Hillcrest Avenue, on plan 589 and a water well servicing the Licensees' property
is situated on the said Hillcrest Avenue;
AND WHEREAS the Township consents to the encroachment and location
of the water well on the said Hillcrest Avenue, on certain terms and conditions
as hereinafter set out;
NOW, THEREFORE, WITNESSETH that in consideration of the sum of TWO
DOLLARS ($2.00) of lawful money of Canada now paid by the Licensees to the
Township (the receipt whereof is hereby acknowledged), the Township doth grant
subject to the provisions hereinafter set forth to the Licensees a license to
permit the abovementioned encroachment and location of the said water well upon
Hillcrest Avenue, subject to the following provisions:
1. The Licensees for themselves, their heirs, administrators, executors,
successors and assigns hereby covenant and agree with the Township, its
successors and assigns, that the Licensees, their heirs, administrators,
executors, successors and assigns will from time to time and at all times
hereafter indemnify and save harmless the Township, its successors and assigns
from and against all claims, actions, causes of action, suits and demands
.
whatsoever which shall be brought against or made upon the Township arising
directly or indirectly in consequence of the encroachment and location of the
water well permitted as aforesaid and from and against all losses, damages,
costs, charges and expenses which the Township might sustain or be liable for
in consequence of any such actions, claims, suits or demands, save and except
such as may arise as the result of the negligence of the Township or those for
whom it is in law responsible.
2.
The Licensees covenant and agree to assign and to transfer this
licence to any successor or assignee of the premises described in Schedule "A"
and will obtain from such successor or assignee a covenant in favour of the
Township that the successor and assignee will be bound by all of the terms and
conditions of this licence from and after the date of its assignment as
aforesaid, it being the intention that the owner from time to time of the lands
and premises described in Schedule "A" shall have the benefit of and be liable
for performance of the obligations contained in this Agreement.
3.
The term of this licence shall be one year form the date of the
execution of this Agreement, provided that this licence shall be automatically
renewed for further one-year periods unless either the Licensees or the Township
terminate same by Notice in writing.
4.
The Licensees shall pay the Township an annual licence fee or rental
of ONE DOLLAR ($1.00) payable on the date of the execution of this Agreement and
on the anniversary date of the said execution in each and every year during the
term of this Agreement or any extension thereof.
5.
In cases of emergency, the Township may, without notice, remove the
whole or any part or parts of the encroachment as it deems necessary without
payment of compensation therefore.
The Township may enter upon the lands
described in Schedule "A" hereto for this purpose.
6.
The Licensees hereby covenant and agree that at the time that any
e
of the encroachment or the water well is removed in whole or in part, or is in
need of replacement, that the works formerly comprising such encroachment or the
water well shall be rebuilt so that they are located entirely off Hillcrest
Avenue and at such time, this Agreement shall become null and void and be of no
further effect with regard to the particular works.
7.
Any notice required to be given to the owner of the said property
under the terms of this Agreement shall be sufficiently given if mailed to
General Delivery, R.R. 11, Oro Station, Ontario, LOL 2EO, by prepaid registered
mail addressed to the said address. Such notice shall be deemed to have been
received two (2) days following the date when it was handed to the post office.
8.
That this Agreement shall be registered against the title of the
Licensees' lands as described in Schedule "A" hereto.
.
9.
The Licensees shall at all times during the life of this licensing
agreement be subject to all laws, by-laws and regulations now or hereinafter
enacted, to all statutes, orders and rules made or to be made by a lawfully
constituted authority having jurisdiction.
--
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10.
THIS AGREEMENT shall run with the lands described in Schedule "A"
and Schedule "B" hereto and enure to the benefit of and be binding upon the
parties hereto, their heirs, executors, administrators, assigns and successors
in title, as the case may be.
IN WITNESS WHEREOF the Licensees hereto have hereunto set their hands
and seals.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
)
C-~ : ~)'!
)' /'; / VI.. /,/
t:L~t:,j-i1 I\.' d if:!L:~;(zE'rJ /1
CALVIN LEONARD NELSON, Licensee '
~~~ t-\, t\)~~^"-
P IS MAY NELSON, Licensee
IN WITNESS WHEREOF the Township hereto has hereunto affixed its
corporate seal, under the hands of its proper officers duly authorized in that
behalf.
THE CORPORATION OF THE TOWNSHIP OF ORO
PER:
/du./RAf7_ ~....v,rl9~ '
'Name:
Title:
We have the authority to bind the
Corporation
t .
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of
land described as all of Lots 55 and 68 according
to registered Plan Number 589, in the Township of
Oro, in the County of Simcoe.
.
81
~~ ."
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SCHEDULE liB"
ALL AND SINGULAR that certain parcel or tract of
land described as Hillcrest Avenue, an untravelled
Street, in the Township of Oro, in the County of
Simcoe.
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