BYLAW - Permit Enroachment of a portion of an existing building - 19941026 - 358494TTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 3584-94. T
BEING A BY-LAW to
pennit the encroachment
of a portion of an
existing building on
Wells Street at · 58
Wellington Street East.
WHEREAS the provisions of the Municipal Act R.S.O. 1990, c.M.45 (as amended, the
"Act") authorize Council to enact a By-law to allow any person owning or occupying any
building that, by inadvertence, has been wholly or partially erected upon any highway
to maintain and use such building thereon;
AND WHEREAS the Act authorizes Council to enact a By-law to lease or licence the
use of untravelled portions of highways under its jurisdiction;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora
enacts as follows:
1. 1095707 Ontario Inc. in title to the following lands:
Lot 17
Registered Plan 107
Town of Aurora
Regional Municipality of York
being 58 Wellington Street East
be and are hereby permitted to continue and maintain such aspects of the existing
structure as have been erected by inadvertence upon the highway municipally
known as Wells Street, pursuant to the terms of the Agreement between 1095707
Ontario Inc. and the Town of Aurora appended to this By-law as Schedule "A".
2. The Mayor and Clerk are hereby authorized to enter into an Agreement with
1095707 Ontario Inc. in the form appended as Schedule "A" to this By-law.
3. This By-law shall become effective upon third reading hereof.
READ A FIRST AND SECOND TIME THIS 12TH DAY OF OCTOBER, 1994.
READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF October, 1994.
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. THIS AGREEMENT made this 26th day of October, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter referred to as the "Town")
OF THE FIRST PART
-and-
1095707 ONTARIO INC., of the Town of Aurora
in the Regional Municipality of York
(hereinafter referred to as the "Owner")
OF THE SECOND PART
WHEREAS the Owner is the owner of the lands and premises described in Schedule "A"
attached hereto (the "Property");
AND WHEREAS by inadvertence a portion of the building located upon the Property
encroaches at the north-east corner onto the Town highway forming part of Wells Street,
in the Town of Aurora, in the Regional Municipality of York;
AND WHEREAS the Owner has applied for permission to maintain the said
encroachment and the Town has agreed to license such encroachment on the following
terms and conditions;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
the premises, other good and valuable consideration and the sum of Eighty ($80.00)
. Dollars, the receipt whereof is hereby acknowledged, the parties hereto agree as follows:
il 1. The Town hereby agrees to permit the encroachment of a portion of the existing
building as shown on a Plan of Survey attached hereto as Schedule "B" (the
"Encroachment"), subject to the terms of this Agreement.
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The Owner agrees to maintain the Encroachment at the Owner's expense to the
satisfaction of the Town.
The Owner shall be permitted to repair the Encroachment, but shall not be
permitted to replace or enlarge the Encroachnient.
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The Owner agrees to indemnify and hold harmless the Town from any claims for
loss of or damage to property or injury to persons arising from or in connection
with the Encroachment.
The term of this Agreement shall be forty-nine ( 49) years.
This Agreement shall not expire unless the Town intends to widen the highway
or otherwise develop or improve the highway upon which the Encroachment
exists.
This Agreement shall not be construed so as to constrain the operation of any
Town of Aurora By-laws which would otherwise be applicable to the Property.
This Agreement may not be assigned by the Owner or its assignees, except by
way of a consent to assignment executed by both the assignor and the Town.
Upon such execution, this Agreement shall be binding upon the assignees of the
Owner.
THE CORPORATION OF THE TOWN
OF AURORA
1095707 ONTARIO INC.
Donald 0. Stubbs -Principal
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LOT 17
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Schedule "B"
· E~REO PLAN 107 To Encroachment Agreement
OWN OF AURORA
EGIONAL MUNICIPALITY OF YORK
•ES M f'IIRC.HL O.L.S
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