"A By-Law Respectinq an Encroachment on Exmouth street" registered owner of Part Lot 4, Block "K" on the South side

Transcription

1 BY-LAW NUMBER ~ OF 1995 OF THE CITY OF SARNIA "A By-Law Respectinq an Encroachment on Exmouth street" WHEREAS JADALLY HOLDINGS LIMITED is the registered owner of Part Lot 4, Block "K" on the South side of Exmouth Street, according to Registered Plan 3 for the city of Sarnia, County of Lambton, more particularly described in Schedule "A" annexed hereto; and part of the sign and planter box erected on the said Lot, municipally known as 415 Exmouth Street, Sarnia, by inadvertence projects on the highway known as Exmouth Street, in the City of Sarnia, to the extent indicated on the sketch or plan hereunto attached as Schedule "B"; AND WHEREAS JADALLY HOLDINGS LIMITED (hereinafter called "the Owner") has applied for permission to retain, maintain and use such projection on the said highway. '"... " ",.-... ~ AND THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: 1. That the encroachment of the sign and planter box erected upon Exmouth Street, in the City of sarnia may be retained, maintained and used as shown upon the said Schedule "B", showing the planter box encroaching upon Exmouth Street, the projection into Exmouth Street being to a maximum extent of feet more or less.

2 That the planter box may be maintained and used in the locatio shown on Schedule "B" for a period not exceeding the life of the building now erected upon the said premises. Upon the demolition or destruction of the 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 Lambton 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. 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. There shall be paid to The Corporation of the city of Sarnia an initial fee of THREE HUNDRED DOLLARS ($300.00) for the said privilege and an annual fee of FIFTY DOLLARS ($50.00) and such sums shall form a charge upon the lands used in connection therewith and shall be payable, and payment may be enforced, in like manner as taxes are payable. This fee shall be subject to change in accordance with Council's policy in this regard.

3 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 "C"; 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 of Sarnia thereto. 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. 7. This By-Law affects the lands described in Schedule "A" annexed hereto. 8. This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this d-- () ~ day of, Doc: C:\BY-LAW\JADALLY_ENC

4 SCHEDULE "A" LEGAL DESCRIPTION Part of Lot 4, Block "K", Plan 3 (SA), City of Sarnia, County of Lambton, more particularly described as follows: PREMISING that the south limit of Exmouth Street, as shown on Plan 25R-3953, has a bearing of north 88 degrees, 05 minutes west and relating all bearings herein thereto. BEGINNING at the northeast corner of said Lot 4; THENCE south, 1 degree, 40 minutes, 10 seconds west, a distance of 8.20 feet to the point of commencement; THENCE continuing south, 1 degree 40 minutes, 10 seconds west, a distance of feet to a point; THENCE north, 88 degrees, 05 minutes west, a distance of feet to a point; THENCE south 1 degree, 47 minutes, 40 seconds west, a distance of feet to a point; THENCE north, 88 degrees, 05 minutes west, a distance of feet to a point; THENCE north, 1 degree, 47 minutes, 40 seconds east, a distance of feet to a point; THENCE north, 46 degrees, 51 minutes, 20 seconds east, a distance of feet to a point; THENCE south, 88 degrees, 05 minutes east, a distance of feet to the point of commencement. BEING that part of Lot 4, Block "K", Plan 3 for the City of Sarnia shown as Part 1 on Plan 25R-3953, save and except the lands contained in Instrument Number

5 SOlEDULE "B" Z:.. \ ZSS. e.l' 1"""- '" ~, \~:.;;;~~~_-===--=--===-:::--===::-::::-:==::-:_=--=:q.:i:-jl=-"'-"'~ ~~~'~I i\t>/~, Ir~,...-Ol-n r ~~~----~~_,l ,~---,~~~---.--,, ~_+L.i' -~---"c -'!!c.:r=l.2.~-.;"-- // -'--_1_. --+' ~ \_--.L i, ~--,'s""~~"'~.",~;.--'t)-""--,-,,, ---\ , !'L~-.s\..., \'<>"'15 -~\~.W "i\ I L+rJ_. --<-"'+_I-~ =;u.w_i ----E.Y.t1O\JTl\., i _..."5~ :J. }.3! ~ ~ I ~~~... )------, ( '---+-' ,. -.!I!JJ.::>l:~~~r-,QQ------I _J PLA"""-~ ""AI-'" AI'\C,, o"''+~' >E e.o'f-'''~ ! , ~-~ , ,-,_. JJ.t b(.lt_--1.qur::. _LA:<Z:;"'&<D'rt!~D:":Z:;.Ii'{l;,,' J..._ _.. _ _._ _... _-----_._.. --_..

6 THIS IS SCHEDULE "c" TO BY-LAW NUMBER OF SARNIA AGREEMENT made this BET WEE N: OF THE CITY day of, JADALLY HOLDINGS LIMITED of the Town of Wallaceburg in the county of Kent (hereinafter called "the Owner") - and - OF THE FIRST PART 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 sign and planter box located upon Part Lot 4, Block "K" on the South side of Exmouth street, according to Registered Plan 3 for the city of Sarnia, County of Lambton, which planter box encroaches upon Exmouth 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 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. 2. This Agreement shall be binding on the Parties and their respective heirs, executors, administrators, successors or assigns.

7 , ; 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 THE CORPORATION OF THE CITY OF SARNIA Mayor JADALLY HOLDINGS LIMITED Clerk

8 DATED:, BETWEEN: THE CORPORATION OF THE CITY OF SARNIA -and- JADALLY HOLDINGS LIMITED AGREEMENT THE CORPORATION OF THE CITY OF SARNIA Legal Services city Hall Sarnia, ontario N7T 5V4 (DGM/ad)

9 ... Z ~ PrOYlnce ~Of Ontario 7655Z7 I. ScIle<Iulo NUMBER"/,., 6th J./. CERTIFICATE OF HEGiSTRA?ION 2A Document General Form 4 - Land Registration Reform Act (1) Registry!Xl land TlU 0 1(2) Page (3) Property Block Property Idenllller(s) (4) Natur. of Document By-Law (5) Conslderallon 0 MAR 159!i Dollars $ w (I) o 1 of 10 pages I AddtUone,j; See (6) Description => w l/lmbton \ '. '~g~ Part of Lot 4, Block "K", Plan 3 (SA), City u... u:: No. 25 of Sarnia, County of Lambton. 0 SARNIA tan MEGISTRAR a: d New Property identifiers Executlon. Addltlona!; See Sdled... 0 (7) Thl. (a) Redescription (b) Schedule for: Additional: 50. Schedule Contains: Plan/Sketch 'oescription (Xl Parties (8) This Document provides as follows: By-Law permits an encroachment on City Street. D Document New Easement Iil Additional 0 Other!Xl Continued on Schedule 0 (9) Thl. Document relate. to Instrument number(s) ) (10) PartyQ ) (Set out Status or Interest) Name(s) Signature(s) ~ Date of Signature y M 0,THE..j:QRPQRA'I'.LON~O..F..J'HLCIT,'i_QR_SARN.IA~ ~. -,,~,4 -~~i WI5.~~~~,~Y-..i.t..$.-Ji.Q...l.i.c.ij;..Qr_h..DIDg~GA,""MQ.\l~ft~,...,...,..."...,...,..,..._"...,...~..._~~,~.~... ~.,... =~.,.'"'."""'.,.,...,,,.,..,...,."'...,.'"'."... A ~_... = ~'w~~ _=~_=,~,"'..",...".,....v... w. ~"""""'---".~_"'''. w.. _,_,~._.. _,..."..."...""'H.""""'...,N... '.W """~,~... ~ +,_ (11) Addre 255 N. Christina Street, Sarnia, ontario, N7T 5V4 for Service (12) Party(le.) (Set out Status or Interest) i '.+N;.._'''', Name(s) Signature(s) Date of Signature Y M 0...,... ' '"'''...,.-~... "'...,. ~.w.v.w.~w.~.'.. ''".~N.'"'.. '.'"'...,..,,.....,., ~ '"....,"""...,~....,.,,... '"""'... "'_... M ". '.' '.' M '... '~. M '.''''.''.''.,.."... ~...,... ~~-..,-~, --- ~~ ~~-...,... """-.~~~~ " (13) ACldr.ss for Service (14) Municipal Address of Property (15) Document Prepared by: >- Fees and Tax... z 0 Registration Fee 415 Exmouth Street David G. Mounteer Sarnia, ontario w Associate Lawyer rj) ::J N7T 8A4 Legal Services w The Corporation of the City of Sarnia u 255 North Christina Street... a Sarnia, Ontario N7T 5V4 a: style'" corporation SottDoca TOROMTO- CAllAO,*, 3C4C1OH 11 ( a Total

10 SCHEDULE "A" LEGAL DESCRIPTION Part of Lot 4, Block "K", Plan 3 (SA), City of Sarnia, county of Lambton, more particularly described as follows: PREMISING that the south limit of Exmouth Street, as shown on Plan 25R-3953, has a bearing of north 88 degrees, 05 minutes west and relating all bearings herein thereto. BEGINNING at the northeast corner of said Lot 4: THENCE south, 1 degree, 40 minutes, 10 seconds west, a distance of 8.20 feet to the point of commencement: THENCE continuing south, 1 degree 40 minutes, 10 seconds west, a distance of feet to a point: THENCE north, 88 degrees, 05 minutes west, a distance of feet to a point: THENCE south 1 degree, 47 minutes, 40 seconds west, a distance of feet to a point: THENCE north, 88 degrees, 05 minutes west, a distance of feet to a point: THENCE north, 1 degree, 47 minutes, 40 seconds east, a distance of feet to a point: THENCE north, 46 degrees, 51 minutes, 20 seconds east, a distance of feet to a point: THENCE south, 88 degrees, 05 minutes east, a distance of feet to the point of commencement. BEING that part of Lot 4, Block "K", Plan 3 for the city of sarnia shown as Part 1 on Plan 25R-3953, save and except the lands contained in Instrument Number

11 BY-LAW NUMBER ~ OF 1995 OF THE CITY OF SARNIA "A By-Law Respecting an Encroachment on Exmouth street" READINGS: FIRST: SECOND: VYJaAc.J.; OlD, ICf9Slffla/lfjJ /)0, 19q5 THIRD: 1./YaIlc.J) ad, /99b THE CORPORATION OF THE CITY OF SARNIA LEGAL SERVICES (DGMjad) City Hall Sarnia, ontario N7T 5V4