93-11
COUNTY OF ELGIN
93-11
By-Law No.
AND~
MAINTENANCE OF FRONT STEPS
"BEING A B)~-LAW TO PERMIT THE
WHICH ENCROACH_ONTO THE KENT-ELGIN_TOWNLIN~ AT
EAVES TROUGH
'l'PWNSHIl'OF
CONCESSI_ON 2
1
PREMISES LOCA'l'ED AT PART OF_LOT
COUNTY_OF ELGIN"
WHEREAS, the owner of that portion of Lot 1, Concession
2, Township of Aldborough, County of Elgin, which is more partic-
ularly described in Schedule "A" hereto, has applied to the
Council, County of Elgin, to permit encroachment of the owner's
existing front steps and existing eaves trough onto the said
Kent-Elgin Townline; and
ALDBO:¡¡'OUGH
WHEREAS, the Council of the Corporation of the County of
Elgin deems it expedient to grant such a request upon the condi-
tions hereinafter set forth.
NOW THEREFORE The Municipal Council of the Corporation of
the County of Elgin enacts as follows:
1. Pursuant to Subsection 3 of section 308 of the Municipal
Act, R.S.O. 1990, Chapter M.45, and amendments thereto, to Gladys
Madeleine Cross, her heirs, executors, administrators, successors
and assigns, being the owner from time to time of the lands
described in Schedule "A" hereto, to permit the existing front
steps and eaves trough on the residence of the said owner to
encroach onto the part of the Kent-Elgin Townline described as
Part of Lot 1, Concession 2, Township of Aldborough, County of
Elgin, being more particularly described as Part 2, Reference 11R
5086, said encroachment being shown on plan of survey of R. G.
Hackett, ontario Land Surveyor dated February 8, 1993, a copy of
which is attached hereto as Schedule "C", providing that:
(a) the said Gladys Madeleine Cross delivers to the Corpora-
tion of the County of Elgin a properly executed indemnity in the
form attached hereto as Schedule "B"
2. The permission granted in Clause 1 remains in effect
until the happening of one or more of the following events, at
which time the right to maintain the said front steps and eaves
trough on the said road allowance of the Corporation of the County
of Elgin shall forthwith cease;
(a) until such time as The Corporation of the County of Elgin
may desire to use the portion of the Kent-Elgin Townline being
described as Part 2, Reference Plan 11R 5086;
is demolished by
said residence of the owner
or
(b) until the
fire or otherwise;
(c) until such time as The Corporation of the County of Elgin
does not have an indemnity from the owner from time to time of the
lands described in the said Schedule "A"
in
3. Upon the happening of one or more of the events listed
Clause 2, the owner of the said lands described in Schedule "A"
attached hereto, shall be required to restore the lands of the
County of Elgin being described as Part 2, Reference Plan 11R
5086, to its original condition prior to the construction to the
said encroachments thereon.
2
4. This by-law shall come into force and take effect as of
the final passing thereof.
READ a first time this 26th day of February, 1993.
READ a second time this 26th day of February, 1993.
READ a third time and finally passed this 26th day of February, 1993
7 k{¿~~
M. Q. McDon Vandierendonck,
County Clerk. Warden.
SCHEDULE "A"
OF
BY-LAW NUMBER 93-11
Part of Lot 1 Concession 2, Township of Aldborough, County of Elgin being
more particularly described as Part 2, Reference Plan llR 4947 save and
except Part 2 Reference Plan llR 5086
SCHEDULE "B'
93-11
OF
BY-LAW NUMBER
that inconsideration of The
KNOW ALL MEN BY THESE PRESENTS
93-11
County of Elgin having enacted By-Law Number
the
Corporation of
The
in consideration of
Elgin and
County of
the
Corporation of
The
of
to
Cross
Madeleine
Gladys
the County .of Elgin permitting
Corporation of
93-11
By-Law Number
said
the
granted, by
and privileges
rights
the
enjoy
now paid by
00)
($1
Dollar
One
of
sum
the
in further consideration of
and
the
Madeleine ,Cross
to Gladys
Elgin
County of
the
Corporation of
The
heirs
her
the undersigned
hereby acknowledged
is
whereof
of
receipt
indemnify and
do hereby
assigns
and
successors
administrators
executors
and
successors
its
County of Elgin
the
The Corporation of
save harmless
duties
debts
suits
of actions
causes
of actions
manner
all
from
assigns
any
of
proceedings
other
or
demands
contracts
covenants
accounts
dues
Corporation
The
against
may be brought
which
whatsoever
kind
nature or
the
maintain
to
the undersigned
permitting
County of Elgin for
the
of
more
ne
Townli
Kent-Elgin
portion of
that
structure encroaching onto
By-Law Number 93-11
in
particularly described
until
force and effect
full
is repealed
in
remain
continue and
93-11
By-Law Number
shall
indemnity
time as
this
and
such
hand and
her
set
hereunto
the undersigned has
1993
WHEREOF
day of
IN WITNESS
seal this
Cross
Madeleine
Gladys
)
)
)
)
Signed, sealed and delivered
in the presence of
TQ vV!' /SH,'?
LOT
:JF
SKETCH SHOWING
PART OF LOT I
CONCESSION 2
TOWNSHIP OF ALDBOROUGH
COUNTY OF ELGIN
SCHEDULE "Cn
SCALE J:J25
o
METRES
,
'0
I,
CONCESSION
ALDBC'ROU6H
2
PART
2,
PLAN
IIR 4987
(CROSS
PROPERTY)
2
STOREY BRICK HOUSE
f
/
"
oo
~
o
WOODEN
f
VERAND/\ ":
6.15
35.41 $IB
1447
7,,65
0.15 WIDE
EAVE 0.09
0 OVER ".
oo '" IIR 50S6 "1
'"
0 0 N
35.41 $IB
1335
IB N42°0S'W
1447
".
en PART 2,
N
IB N42°0S'W
1335
FACE OF
EAVE ON LINE
PLAN
KENr
ROAD
21
MErRIC
SURVEYOR'S CERTI F 1 CATE
I CERTI FY THAT:
THE FIELD SURVEY REPRESENTED ON THIS PLAN WAS COMPLETED
ON THE 7th DAYDF JANUARY 1993
/P&
FEBRUARY 8 .1993
DATE
TH IS IS NOT
A VALID COFY
UNLESS EMBOSSED
WITH SEAL
R.G. HACKETT
SURVEYING LIMITED
chatham ,ontario
NOTES
· I.B. DENOTES ~/8" SQUARE IRON BAR, FOUND.
· S.LB. DENOTES I- SQUARE IRON BAR, FOUND.
· C.M" DEMOTES CONCRETE MONUMENT, FOUND.
o 1.8.DENCTES S/S"SQUARE IRON BAR,2'LONG. PLANTED.
o 5.I.B. DENOTES I· SQUARE IRON BAR, 4'LONG,PLANTED.
WIT. DENOTES WITNESS"
NOTES
R.G_ HACKETT
ONTARIO LAND SURVEYOR
Scale:
1:125
Job no., 920lS -5A