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02-39 COUNTY OF ELGIN By-Law No. 02-39 BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE " CHIEF ADMINISTRATIVE OFFICER TO SIGN AN ENCROACHMENT AGREEMENT FOR PROPERTY LOCATED IN THE MUNICIPALITY OF WEST ELGIN WHEREAS it has been established that a portion of the house located on Pioneer Line, Part Lot 13, Concession 8, Municipality of West Elgin, described as Part 1, Registered Plan #11 R-2527, encroaches in excess of four feet onto Pioneer Line (County Road #2); and said was created during expropriation of property at and WHEREAS the encroachment ocation in 1988 for road widening purposes WHEREAS the property owner is transferring said property to Canada Mortgage and Housing Corporation and an encroachment agreement is required for legal purposes; and WHEREAS pursuant to Section 107 of the Municipal Act, being Chapter MA5, RS.O. 1990, as amended, a county may by by-law allow any person owning or occupying any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon. the Municipal Council of the Corporation of Elgin enacts as NOW THEREFORE follows 1 THAT the Warden and the Chief Administrative Officer are hereby authorized to sign an agreement, under certain terms and conditions, between the County of Elgin and Canada Mortgage and Housing Corporation to allow encroachment of a building onto Pioneer Line, Part Lot 13, Concession 8, Municipality of West Elgin, described as Part 1 Registered Plan #11 R-2527. its passing this by-law shall come Into force and take effect upon THAT 2 December 2002 1 ih day of December 2002 day of 1ih this McDonald, County Administrator Clerk. this time and finally passed time READ a first time and second rd th READ a