3046-2013 Encroachment Agreement (Sinclair)
BEING A BY-LAW TO CONSENT TO AN ENCROACHMENT ONTO THE ROAD ALLOWANCE BETWEEN THE GEOGRAPHIC TOWNSHIP OF ELIZABETHTOWN AND THE GEOGRAPHIC TOWNSHIP OF AUGUSTA
Passed by Council August 26, 2013
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3046-2013
A BY-LAW TO CONSENT TO AN ENCROACHMENT ONTO THE ROAD
ALLOWANCE BETWEEN THE GEOGRAPHIC TOWNSHIP OF ELIZABETHTOWN AND
0THE GEOGRAPHIC TOWNSHIP OF AUGUSTA
WHEREAS Peter Thomas Sinclair and Helen Alexander Sinclair are the owners of the lands
and premises located in Part Lot A, Concession 1 Being Parts 1 and 3 on Plan 28R-679 and
Part I on plan 28R-11580, Geographic Township of Elizabethtown, Municipality of the
Township of Elizabethtown-Kitley, County of Leeds being those lands identified by Parcel
Identification Number (PIN) 44160-0290 (LT), and municipally known as 1947 County Road 2
East, Brockville;
AND WHEREAS the existing vinyl clad cottage situated thereon was constructed in such a
way that it encroaches onto the Road Allowance between the Geographic Township of
Elizabethtown and the Geographic Township of Augusta, as identified in the agreement
attached hereto;
AND WHEREAS Section 308(3) of the Municipal Act, R.S.O. 1990 Chapter MA5, as
amended, authorizes Council to pass By-Laws to permit a person to place, construct, install
maintain and use objects in, on under or over highways under the Council’s jurisdiction and
for prescribing the terms and conditions upon the conferred privilege;
AND WHEREAS the Corporation of the Township of Augusta agrees to permit the
encroachment in the present location and consents to the said requested encroachment at
the pleasure of Council and to enter into an agreement relating thereto, to be attached hereto;
NOW THEREFORE The Council of the Township of Augusta enacts as follows:
1. THAT the Corporation consents to the said encroachment and grants the owners the
right to maintain existing encroachment in its present location at the pleasure of
Council.
2. THAT the Reeve and Clerk are hereby authorized to execute the appropriate
encroachment agreement on behalf of the Corporation acknowledging the aforesaid
consent of the Township and outlining the terms and conditions applicable thereto;
3. AND FURTHER THAT this By-Law will come into force and effect upon the final
reading thereof and upon registration on title to the subject lands.
Read a first and second time this 26 day of August 2013.
Read a third time and passed this 26 day of August 2013.
Signed by Reeve Mel Campbell and Clerk Pierre Mercier
