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Times Advocate, 1993-09-29, Page 10
Page 10 ovate, September 29,1993 Messy Mitten and sister Becky browse through Fair displays Sunday. Karen Passmore, on left, Chad Gillan and Dave Farquhar look at some 'Focus on Wood' displays Sunday. Grand Bend not ready to taut over Beachplace walkway GRAND BEND - The concrete walkway from Pine Street w the beach may belong to the village eventually, but Grand Bend council weren't ready to sign an agreement on an easement for it Monday eve- ning. The walkway, which is still part of the Beachplace Condominium property, won't be assumed by the village until the easement issue is settled. Scott Burbidge from the Beachplace development said • the property owner upon whose land the concrete wall encroaches wants certain clauses included in the agreement. Those clauses included assuranc- es the village would not want to take the encroached property in the future, that the property owners re- serve the right to maintain the fence, but assume no liability for those walking along that wall. Administrator Paul Turnbull in- formed council the village solicitor had some concerns with those clauses, particularly the statement that the fence would be maintained to a "reasonable standard". Turnbull said the village might want to reserve the right to main- tain the fence should it be damaged or in disrepair. "The village should be empow- ered to go ahead,:fntit and charge it back [to the owner]," said Turn- bull. "Why don't you just buy the prop- erty?" deputy -mayor Cam Ivey asked Burbidge, suggesting the en- tire encroachment agreement could have been avoided. "That would have been desira- ble...but that wasn't possible," said Burbidge, who said the agreement would be a quicker way to get the walkway issue settled and allow registration of the condominiums to proceed. "We wouldn't want the registra- tion of the • condo, because of the transfer of this little piece of prop- erty, to be held up," said Burbidge. Ivey asked if council was covered under insurance for such encroach- ments. Turnbull said yes, but Ivey said he still felt uneasy about grant- ing indemnification for such agree- ments, particularly with a privately - owned fence alongside. "I don't think we should give up the right to go in there and repair the fence..." agreed councillor Phil Maguire, who said future owners might not maintain it as well as the present residents. "What I'm getting is that this doc- ument is not satisfactory to this council," mayor Tom Lawson told Burbidge, and offered to hold a special council session in .a few days if an agreement could be reached. Burbidge said he would try. Concerned about your IIGQ;;;aiZ> Furnace Condition? 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