WHEREAS Fitzwood Investments Limited and 1435871 Ontario Limited, the owners of the lands and premises described as Part of Lot 6, Concession 3 West of Hurontario Street, City of Mississauga, Regional Municipality of Peel (formerly in the Township of Toronto) and more particularly described as Part 2 on Reference Plan 43R-18805, save and except Parts 3 and 4 on Reference Plan 43R-27982 and Part 1 on Reference Plan 43R25728, save and except Parts 1 and 2 on Reference Plan 43R-27982 have requested permission to maintain and use certain structures or improvements upon the public highway (the "encroachment");

AND WHEREAS pursuant to Section 11(2) of the Municipal Act, S.O. 2001, c.25, the Regional Corporation may pass a by-law respecting encroachments on Regional roads;

AND WHEREAS the Council of the Regional Corporation has by resolution passed on the 12th day of February, 2004 authorized the enactment of a by-law authorizing the said encroachment;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. Fitzwood Investments Limited and 1435871 Ontario Limited are hereby authorized to maintain certain encroachments upon the public highway known as Regional Road 3 (Britannia Road), as described herein and in accordance with the terms and conditions contained in the Encroachment Agreement dated the 28th day of November, 2003, between The Regional Municipality of Peel and Fitzwood Investments Limited and 1435871 Ontario Limited, with respect to Part of Lot 6, Concession 3 West of Hurontario Street, City of Mississauga, Regional Municipality of Peel (formerly in the Township of Toronto) and more particularly described as Part 2 on Reference Plan 43R-18805, save and except Parts 3 and 4 on Reference Plan 43R-27982 and Part 1 on Reference Plan 43R-25728, save and except Parts 1 and 2 on Reference Plan 43R-27982.

2. That Schedule "A" attached to this by-law is included and shall be considered part of this By-law.

3. That the Encroachment Agreement be executed on behalf of the Regional Corporation by the Regional Solicitor and the Regional Clerk and the corporate seal affixed thereto.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 12th day of February, 2004.

Copies of Schedule A available in Clerk's