1998-133 To provide for a standard form agreement for the drainage on Municipal road allowances pursuant to The Drainage Act
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-133
Being a By-law ofthe Council of The Corporation of the Township of Oro-Medonte to
provide for a standard form agreement for tile drainage on municipal road allowances
pursuant to The Drainage Act.
WHEREAS The Drainage Act allows land owners to enter into Agreements to provide for
drainage systems;
NOW THEREFORE the Council of the Corporation ofthe Township ofOro-Medonte enacts as
follows:
1. The Agreement attached hereto as Appendix "A" is hereby approved as the Agreement
for use by The Corporation of the Township ofOro-Medonte to provide for tile drainage.
2. The Road Superintendent shall have responsibility for the terms of the Agreement and
shall have the authority to require a deposit for the expenses of any Agreement or
registration thereof.
3. The Clerk and Road Superintendent are authorized to execute these Agreements on
behalf of The Corporation of the Township of Oro-Medonte.
4. This By-law shall corne into force and have effect after the final passing.
By-law read a first and second time this 16th day of December, 1998.
By-law read a third time and finally passed this 16th day of December, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Deputy May r, Don Beb
Clerk, Lynda Aiken
Appendix "A"
AGREEMENT made in duplicate this
day of
,199 .
BETWEEN:
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Towuship"
and-
Hereinafter called the "Landowner"
This agreement is made under the authority of Section 2 of The Drainage Act, R.S.O. 1990,
Chapter D.17, as amended.
WHEREAS the Landowner desires to obtain an outlet for a tile drainage system on property
described in Schedule "A" attached hereto and
AND WHEREAS it is necessary to construct the outlet on the property of the Township on the
road allowance described in Schedule "A: attached hereto.
NOW THEREFORE the Township and Landowner do hereby agree that the work shall be
constructed, repaired and maintained according to the following provisions:
I. The properties affected by this drainage agreement are described in Schedule "A"
attached hereto being in the Township of Oro-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 100 mm
minimum 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 I 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 the date of this agreement.
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5.
The estimated cost of the drainage work is $
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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(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.
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(c) No excavation or repairs or similar activity may be undertaken by the Landowner
under subparagraph (b) until written pennission 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 diseretion 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 drain.
12. The Township shall take all reasonable care not to obstruct the flow trom the drain by
filling in the ditch or by placing obstructions.
13. The entire cost ofthe construction, repair and maintenance of the drain 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 drainage.
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 ofthe drainage works on the Township road allowance or any
construction or other activity related to the installation of the drainage works.
17.
. 18,
19.
Upon application to construct a drainage outlet on Township property, an inspection fee
as set out in Schedule "E" shall be required.
This agreement upon execution, may be registered in the Registry Office for the County
of Simcoe, and any costs related to this agreement ofregistration hereof shall be paid by
the Landowner.
The provisions herein contained shall be to the benefit of and be binding upon the parties
hereto and their respective heirs, administrators, executors, successors and assigns.
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IN WITNESS WHEREOF the Parties have hereunto set their hands and seals this
day of ,199.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Clerk
Per:
Road Superintendent
Witness
Landowner
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AFFIDAVIT OF SUBSCRIBING WITNESS
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I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed at
by
I verily believe that each person whose signature I witnessed is the party of the same name
referred to in the instrument.
SWORN before me at the
199
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this day of
Witness
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SCHEDULE "A"
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SCHEDULE "B"
SCHEDULE "C"
SCHEDULE"D"
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SCHEDULE "E"
Inspection Fce
$50.00