79-22
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COUNTY OF ELGIN
By-Law No. 79-22
"BEING A BY -LAW TO AUTHORIZE THE WARDEN AND CLERK TO SIGN AN
AGREEMENT RE: A BUILDING ENCROACHlVIENT LœATED IN THE TOWNSHIP
OF SOUTH DORCHESTER."
v~EREAS it has been established that the building
located on Part of Lot 4, Concession VII, in the Township of
South Dorchester encroaches on the Road Allowance between Lots
3 and 4 in the said Concession, and on the Road Allowance
between the Townships of North Dorchester and South Dorchester;
AND WHEREAS it is assumed that the encroachment has
existed for a number of years and is well established;
NOW TI{EREFORE pursuant to the powers vested in the
Corporation pursuant to the Municipal Act, R.S.O. 1970, Chapter
284, Section 354, Subsection I (93), the Council of the
Corporation of the County of Elgin enacts as follows:
The Warden or Clerk be 'authorized on behalf of
Council, to execute an agreement allowing any person owning
or occupying the building located on the lands described in
Appendix "A" hereto to maintain and use such building notwith-
standing that the bui~ding is partially erected on the road
allowance between Lots 3 and 4, Concession VII, South Dorchester
and on the Road Allowance between the Townships of North
Dorchester and South Dorchester.
,The agreement shall provide inter alia;
(a) That the agreement shall terminate upon the
existing building being destroyed by fire
and/or demolished and/or renovated to the
extent that the þortjon of the building now
on the highway is altered in any way;
(b) That the owner pay the Corporation's legal
cost in the preparation of this By-Law and
the Agreement;
(c) That the owner pay to the Corporation the
sum of Twenty Dollars ($20.00) as consider-
ation for the agreement.
READ a first time this 16th day of May, 1979.
READ a second time this 16th day of May, 1979.
READ a third time and finally passed this 16th day of May, 1979.
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G C. Leverton, ,/ J. Glover,
Clerk. Warden.
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APPENDIX 'A
-
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Township of South Dorchester, ln
the County of Elgin, and the Province of Ontario, and being
composed of Part of Lot Four (4) in the Seventh Concession of
the said Township, more particularly described as follows:
COMMENCING at a point in the Northerly limit of said Lot, distant
Thirty-three Feet (33.00') measured Westerly therealong from the
North-easterly angle of said Lot (said point being the North-
westerly angle of the road laid out through Lots Three (3) and
Four (4), Concession 7, and known as County Road Number 47;
THENCE Southerly, parallel to the Easterly limit of said Lot and
along the Westerly limit of said County Road Number 47, a distance
of One Hundred and Thirty-Two Feet (132.00');
THENCE Westerly, at right angles to the Easterly limit of said
Lot Four (4), and the Westerly limit of said County Road Number
47, a distance of One Hundred and Sixty-five Feet (165.00');
THENCE Northerly, parallel to the Easterly limit of said Lot
Four (4), a distance of One Hundred and Thirty and Twenty-seven
One-hUndredths Feet (130.27') to the Northerly limit of said Lot
Four (4);
THENCE Easterly, along the Northerly limit of said Lot Four (4)
a distance of One Hundred and Sixty-five and One One-hundredths
Feet (165.01') to the place of beginning.
THE LANDS herein described by metes and bounds being all of the
lands referred to in Instrument Number 183021
Proof ReàìI
'7)J'f')t
ation of the,
cmre,nan,t:!>
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THEREFORE THIS, ~U"LL WHNESSETH that in
"':;);¡}~',_"\r?:',':-",, ,", ,_. ,"-i ·,fj:;'~",:t",- ";._" _, __',:,',;:"-,:,
and,;;,'íi\utU 11 covenants, h í'reinåftøit~·.t!öntained
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^,.,nT'~MENœ
consider~
Clerk
ment,
NOW
to execute an Agreement
I
~J,aJ;î;lI'e ~o the af9.resaid encroach-
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" "
the
16th
AN,J),
day
\~ð:~~ ::thC}') CO\.\:Q. t}¡: ' :1;J;)l,'1I:~I(;tu~¿"Q:!(
-." -""-,,,_.- "'." - ...... "'" ....". " ""r
of
May
lQ'79
did
empower
at; ~)I':"l.a:w; pas,se;Q," ,O;¡J:,
. .',c...··· .,; ," .... _,.,. .
the
Warden
and
the
eneroaches upon par
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in. ~!?nf~~,;s,~,?:rt:}~¡¡8~},~e Township of South Dorchester
.' -,,' , '-:!!,,'::-", ",':":~'q*":',"'"
roadal;t9l1ance ,'lYifi,~,\t~:t~,!'t'~~1,i\; Township of North
])9,rche s te r an ¡J .t;b>e:j~~nry'h;:i;P'::I?1i;rr~?;~~~" p~~I:~~è ~¡r;!,':~l\1: {Wf;,}~~i ch is
.,.s4gwn,,, on,At !s:lIr¡v:e,¥:,;d;¡¡'~e g¡,the-i/'301lW,i;lay, o£ Jun 197'g,~,'à! ¿opy
.. :,~~:;t:":~~:~~~~{J;~~,h4'P;:J' .. .. ..
AND WHEREAS bothi0ffth?;..g~Ádc; roåd
f ' ',J:':"", ,,~,- ',,"¡-,
of the Party oí;iith~Ftirst
i,' ' ",," ._ ;~¿" '
the
in.A{?p,endix
Lp:t;s:5c'::and, 4,
and upon the
jurisdiction
Part
allowances
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arj:)
under
pi which
'N
hereinafter referred to as the OWNERS
PARTIES of the SECOND PART
WHEREAS the Parties of the Second Part are the Owners
in fee simple of the lands described in Appendix "A" attached
hereto,
AND WHEREAS a building constructed on the lands described
of
the
road
allowance
between
THOMAS ROY HINDLE, of the Township of
London, in the County of Middlesex,
Shipper, and SHIRLEY ~4ARIE HINDLE,
of the same place, Wife, as Joint
Tenants and not as ants in Common,
AND
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter referred to as the "COUNTY
PARTY of the FIRST PART
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THIS AGREEMENT made in duplicate the ,21« day of April
1979
BET WEE N
3
2
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2
The Party of the First Part doth grant unto the
Owners the licence to use that portion of the afore-
mentioned road allowance lying between Lots 3 and 4
in Concession 7 of the Township of South Dorchester
and lying between the Township of North Dorchester
and the Township of South Dorchester upon which the
Owners' building encroaches as evidenced by the
Plan of Surv~y attached;
,
The Parties of the Second Part do covenant and agree
(i) that upon execution of this agreement they
shall payor cause to be paid to the
Corporation of the County of Elgin the sum
of $20.00 as and in consideration for the
said licence';
(ii) shall payor cause to be paid to the County
all and any legal fee incurred by the County
in the passing of the By-Law hereinbefore
referred to and in the drafting of this
Licencing Agreement;
The Parties herein mutually covenant and agree the
term of this Licence shall be from this date and shall
continue and shall terminate upon the happening of
anyone of the following events:
(a) the building now located on the lands described
in Appendix "A" and as outlined in the Plan of
Survey hereinbefore referred to being destroyed
by fire;
(b) the building located on the lands described in
Appendix "A" and more particularly designated on a
Plan of Survey hereinbefore referred to being
demolished;
(c) the building now errected on the lands described
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in Appendix 'A and more particularly desig-
nated on a PIal, of Survey hereinbefore referred
to being renovated to the extent that the portion
of the building now on the Road Allowance is
altered in any way.
THIS AGREEMENT shall enure tó the benefit of and be
binding upon the Parties hereto, their heirs, executors,
successors and assigns.
IN WITNESS WHEREOF the Parties have hereunto set their
hands and seal.
SIGNED, SEALED & DELIVERED )
)
in the presence of )
)
) THE CORPORATION OF THE COUNTY OF
) ELGIN
) ()~
) Per:
J /~fl7>· /
~ Pe r :, oJ" , ,
) ~~~ -
) Clerk
)
~ ~~µL '.
~ Thomas Roy Hindle
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Þ: APPENDIX 'A
¡^ -
ALL AND SINGULAR that certain p.rcel or tract of land and premises
situate, lying and being in the Township of South Dorchester, in
the County of Elgin, and the Province of Ontario, and being
composed of Part of Lot Four (4) in the Seventh Concession of
the said Township, more particularly described as follows:
COMMENCING at a point in the Northerly limit of said Lot, distant
Thirty-three Feet (33.00') measured Westerly therealong from the
North-easterly angle of said Lot (said point being the North-
westerly angle of the road laid out through Lots Three (3) and
Four (4), Concession 7, and known as County Road Number 47;
THENCE Southerly, parallel to the Easterly limit of said Lot and
along the Westerly limit of said County Road Number 47, a distance
of One Hundred and Thirty-Two Feet (132.00');
THENCE Westerly, at right angles to the Easterly limit of said
Lot Four (4), and the Westerly limit of said County Road Number
47, a distance of One Hundred and Sixty-five Feet (165.00');
THENCE Northerly, parallel to the Easterly limit of said Lot
Four (4), a distance of One Hundred and Thirty and Twenty-seven
One-hundredths Feet (130.27') to the Northerly limit of said Lot
Four (4);
THENCE Easterly, along the Northerly limit of said Lot Four (4)
a distance of One Hundred and Sixty-five and One One-hundredths
Feet (165.01') to the place of beginning.
THE LANDS herein described by metes and bounds being all of the
lands referred to in Instrument Number 183021
Proof Reäa
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"after the instrument had been read to him' and he ap~~/)'...f.O-i.a:i<kHM(µt~FeXet:zitm1'11liâef~ãPÖwer of
attorney insert "(tíame;..,Q. ,4." I;!) JOY!. {¿hu:; UJ party)"; and for next clause substitute "[ verily believe
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A"COMM ISSJON'E"R' 'I"'OR"TA;1<1NG"·PEF'P'lD'A'VITVj"I!;'TC';
SWORN b '
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by
AFFIDA VIr OF SUBSCRIBING WITNESS
<
A COMMISSIONER FOR TAKING AFFIOAVITS, ETC
of London,
of Middlesex!
this 21th
19 19.
in
the
County
SWORN before me at the
City
*See footnote
I verily believe that each person whose signature
the instrument.
witnessed
s the party of the
same name referred
to in
*See footnote
Foiml.B31Jifjgc 5
M(trtgllgc Long
(l~evl:!cd January, 1979}
I, Cal vin George Scarfe,
of the City of London
in the County of Middiese)'
I am a subscribing wItuess to the attached, -rstrument and
at London, Ontario, by
AFFIDAVIT OF SUBSCRIBING WITNESS
make oath and say
was present and saw it executed
Thomas Roy Hindle and Shirley
Marie Hindle,
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¡both
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AFFIDAVIT AS TO AGE AND SPOUSAL .sTATUS
Thomas Roy Hindle and Shirl!y Marie Hindle,
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Town.hip of Lqnd.on \i\!
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the attaclled instrument,
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execute'd
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County of
make oath and say
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in the
*Ifattorney
see footnote
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Note: Where affidavit made by an attorney, substitute: 'When I executed the attached instrument as attorney for (nal~ie)', he/she was (spòùsal status, and
if applicable, name of other spouse) within the meaning of se«lion 1(0 of The Family Law Reform Act, 1978 and when he/she executed, the power of
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this 21th day of April,
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PLAN OF BUILDING LOCATION
("011 IIIIMtTMM "'''~''.I, ON
part ot LOT 4. COHCESSIOIC 7,
TOWNSHIP OF SOUTH DØl.CHlSTER,
Covnty or !l8in.
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M. J. HENNESSEY & ASSOCIATES
Barristers & Solicitors
108 Centre Street
St. Thomas, Ontario
MJH:DS
A G R E E ME N T
"-...
,
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THOMAS ROY HINDLE, and
SHIRLEY ~~RIE HINDLE
and
rHE CORPORATION OF THE COUNTY
OF ELGIN
1979
DATED: Ap" ')7)