1999-079 To Enter into an Agreement between The Corporation of the Township of Oro-Medonte and William Hugh MacDonald and Judy Lynn MacDonald
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-79
Being a By-law to Enter into an Agreement between The Corporation of the Township of Oro-
Medonte and William Hugh MacDonald and Judy Lynn MacDonald
WHEREAS the Drainage Act, R.S.O., 1990, c.D.17, Section 2, as amended, authorizes two or more
owners of/and to construct or improve a drainage works on any of their lands and are willing to pay
the cost thereof, they may enter into a written agreement for the construction, improvement,
financing and maintenance of such drainage works;
AND WHEREAS the Landowner has requested permission from the Municipality to install a
drainage outlet for a tile drainage system across lands owned by the Municipality;
AND WHEREAS the Municipality is prepared to enter into an agreement to permit that the work
shall be constructed, repaired and maintained upon certain terms and conditions;
NOW THEREFORE The Council of The Corporation of the Township ofOro-Medonte enacts as
follows:
1. That the Mayor and Clerk be authorized to execute the Agreement, shown as Appendix "A"
attached hereto and forming part of this By-law.
2. That this By-law shall come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 21" DAY OF July, 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21 " DAY OF July, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Appendix "A"
AGREEMENT made in duplicate this 2 1 s t day of J u 1 y
,1999.
BETWEEN:
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
and-
WILLIAM HUGH MACDONALD and
JUDY LYNN MACDONALD
Hereinafter called the "Landowner"
This agreement is made under the authority of Section 2 of The Drainage Act, R.S.O. 1990,
Chapter D.l7, as amended.
WHEREAS the Landowner desires to obtain an outlet for a tile drainage system on property
described in Schedule "/I." attached hereto and
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AND WHEREAS it is necessary to constrUct the outlet on the property of the Township on the
road allowance described in Schedule .... attached hereto.
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NOW THEREFORE the Township and Landowner do hereby agree that the work shall be
constructed, repaired and maintained according to the foHowing provisions:
1. The properties affected by this drainage agreement are described in Schedule "A"
attached hereto being in the Township ofOro-Medonte, in the County of Simcoe, being
the property of the Township and in Schedule "B" attached hereto in the Township of
Oro-Medonte, in the County of Simcoe, being the property of the Landowner.
2. The drainage system shall be as described in Schedule "C" hereof.
3.
(a)
The drain on the property of the Township shall be constructed of I 00 mrn
m.iri:imum plastic tile approximately 300 mm minimum below ground surface.
The outlet shall be of corrugated metal pipe, 3 m minimum in length, with a
rodent grate. The outlet shall be marked with a 1 in. square post with tile sign
attached.
(b) If Schedule "D" is attached to this agreement, the drain on the property shall be
constructed in accordance with Schedule "D" and not in accordance with
subparagraph (a).
4. The Landowner, his employees and workmen, may enter on and construct the drain on
the propertY of the Township within days of me date of this agreement.
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5.
The estimated cost of the drainage work is $ NC:J't O-f'P l.cc..iDk.
6.
(a) The Landowner shall be responsible for all tiles, pipes and other drainage
conduits located on or under the Township road allowance. In no event shall the
Township be liable for any damage, blockage. breakage, maintenance, repairs or
other claims or actions relating to the drainage or drainage works.
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IN WITNESS WHEREOF the Parties have hereunto set their hands and seals this ZI.st
day of July , 1999
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Per;
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Witness
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William Hugh MacDonald
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Judy Lynn M Donald
04120/99 rUE 16:~U fAA 46/ U1JJ
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(b)
In the event of blockage, breakage or any other occurrence which may require any
excavation or similar activity on property belonging to the Township, the
Landowner shall notifY the Road Superintendent or Roads Foreman forthwith.
(c) No excavation or repairs or similar activity may be undertaken by the Landowner
under subparagraph (b) until written permission has been given the by Road
Superintendent or Roads Foreman.
7. All works constructed by the Landowner shall be in accordance with the Agreement and
to the satisfaction of the Township Road Superintendent or Roads Foreman.
8. The location of the outlet, inlet, or conduits, shall be at the sole discretion of the Road
Superintendent or Foreman, provided however, that the location shall be near the location
described in any Schedule to this agreement.
9. The Landowner, his employees and workmen, shall take all reasonable steps not to
obstruct any persons using the road allowance during the course of construction.
10. The Township shall not be liable for any damages to the drain caused in any manner
whatsoever by the Township, it's agents, or approved utility installers within the
Township right of way.
11. The Township shall not be responsible for maintaining the ditch at the outlet at a depth
that will ensure free flow of water away from the dIain.
12. The Township shall take all reasonable care not to obstruct the flow from the drain by
filling in the ditch or by placing obstructions.
13. The entire cost of the construction, repair and maintenance of the dIain shall be borne and
paid by the Landowner.
14. Notwithstanding any other provision in this agreement, it is agreed and understood by the
Landowner, that should the Township require the road allowance for any future road
construction or other municipal purpose, or to remedy any downstream flooding, this
agreement shall be terminated and it will be the responsibility of the Landowner to
relocate the tile dIainage.
15, This agreement applies to drainage inlets, outlets and any conduits in between any outlet
or inlet.
16. The Landowner shall indemnifY the Township for any damages caused to any third party
by reason of the location of the drainage works on the Township road allowance or any
construction or other activity related to the installation ofthe drainage works.
17. Upon application to construct a drainage outlet on Township property, an inspection fee
as set out in Schedule "E" shall be required.
18.
This agreement upon execution, may be registered in the Registry Office for the County
of Simcoe, and any costs related to this agreement of registration hereof shall be paid by
the Landowner.
19. The provisions herein contained shall be to the benefit of and be binding upon the panies
hereto and their respective heirs, administrators, executors, successors and assigns.
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AFFIDAVIT OF SUBSCRIBING WITNESS
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Wa lter J. Tkach
of the
Town Of Newmarket
in the
Regional Municipality of York
make oath and say:
I am a subscribing witness to the attached instrWnent and I was present and saw it executed at
the Township of Oro-Medonte
by William Hugh MacDonald and Judy Lynn MacDonald
I verily believe that each person whose signature I witnessed is the party of the same name
referred to in the instrunlent.
SWORN before me at the Town of
Whitby, Regional Municipality
Durham
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this '1 day of ..:::" L"J Y
1999.
,
Marlene Anne Norris-Robmson,
a Commissioner. etc., Province of Ontario.
tor The Consumers' Gas Company Ltd.. and
ItS subsidiaries, associates and affiliates
Expires January 6. ?OOi
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PART OF LOT 15, CONCESSION 1 E.P.R.
TOWNSHIP OF ORO - YEDONTE
COUNTY OF SDlCOE
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CONC BLOCK
lliLLE; BOUNDARY DIMENSIONS SHOWN HEREON
ARE COMPilED FORM PLAN 51 R-I7302.
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291.43 .r.'~ AREA = 3349 ho.
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AllOWANCE FOR ROAD BETWEEN lOTS \5 AND 16 -
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PART 2 PLAN 51R-17302
SUBJECT TO EASEMENT IN
FAVOUR OF ONTARIO HYDRO
AS IN INST. No. 18372
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PASTURE
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PART 1
PLAN
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LANDS TO BE SEVERED
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UNDER SEPERATE APPLICATION
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TREES :;;:
SOUTHEAST CORNER
lOT 15
CONCESSION 1 E_PK
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