1994-063 To Authorize the Entering into a Boundary Road agreement with the Township of Tay
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-63
Being a BY-law to authorize the entering into a Boundary Road
Agreement with the Township of Tay
WHEREAS Section 271 of the Municipal Act, R.S.O., Chapter M.45
provides the authority for adjoining municipalities to enter into
agreements for maintenance ad repair of highways;
AND WHEREAS the Township of Tay and the Township of Oro-Medonte
have boundary roads;
NOW THEREFORE the Municipal Council of The Corporation of the
Township of Oro-Medonte enacts as follows:
1. That an agreement be entered into with the Township of Tay in
accordance with the words and terms set out in the attached
agreement noted as Schedule "A".
2.
That the Mayor and Clerk are hereby authorized to execute the
said agreement on behalf of the Corporation and affix thereto
the Corporate Seal.
3. That this By-law shall come into force and take effect on the
final passing thereof.
READ a first and second time this 6th day of April, 1994.
READ a third time and finally passed this 6th day of April, 1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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DEPUTY MAYOR
IAN BEARD
~llA .{"A pi ~ij,Y!)f, (y~.c
~LERK DARLENE SHO BRIDGE t
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SCHEDULE 'A'
MEMORANDUM OF AGREEMENT made in duplicate this
1994.
/Si:'
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day of ::10." <./0.';'(
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
(herein after called the Township of Oro.Medonte)
. and.
THE CORPORATION OF THE TOWNSHIP OF TAY
(herein after called the Township of Tay)
WHEREAS Section 271 of the Municipal Act, R.S.O. 1990, Chapter M,45, provides for adjoining
municipalities to enter into agreements for the maintenance and repair of any highway forming the
boundary between such municipalities, including the bridges thereon that it is their duty to maintain
and repair and to indemnify and save harmless the other from any loss or damage arising from the
want of repair;
AND WHEREAS the Township or Oro-Medonte and Township of Tay desire to enter into an
Agreement for the maintenance of certain public highways on or near the boundary between the two
municipalities;
NOW THEREFORE the Township of Oro.Medonte and the Township of Tay do hereby mutually
covenant and agree as follows:
1. Area Schedule and Required Maintenance ResDonsibilities
(1) TOWNSHIP OF TAY
a) Road Allowance between Concession 1 and Concession 2 Oro-Medonte
(formerly Medonte Township) known as the 1st Line Medonte (1993)
FROM
S 1/2 Lot 75 TO
Summer and Winter Maintenance
County Road 23
(2) TOWNSHIP OF ORO.MEDONTE
a) Road Allowance between Concession 8 and Concession 9 known as the 8th
Concession Ra:lTay 1twrsh:ip.
FROM
S 1/2 Lot 1 TO
Summer and Winter Maintenance
County Road 23
2. DescriDtion of Maintenance Works
Notwithstanding the other provisions of this Agreement, the parties acknowledge that:
a) Summer maintenance constitutes the operations of grading, gravel resurfacing, patching,
hard top, resurfacing, signage, grass cutting, brushing, ditching, shouldering, dust
control and all other operations required to maintain the road section to a generally
accepted Ministry of Transportation level of service.
b) Winter maintenance constitutes the operations of plowing, sanding, ice-blading, culvert
thawing, ditch clearing and all other operations required to maintain the road section to
a generally accepted Ministry of Transportation level of service,
3. Authoritv
The parties of this Agreement agree that the respective Municipality responsible for the
summer maintenance operations shall be responsible to authorize and execute all entrance
permits, utility encroachments and any other encroachments for the portion of highway
exclusively for its area of jurisdiction.
"
,
.
.
- 2 -
4. Boundarv Road Construction
Nothing in this agreement shall confer an obligation upon either Township for construction or
reconstruction of a boundary road unless agreed to by both parties and giving either party a
minimum of one (1) years written notice. Said notice shall commence on the first day of
January after receipt of such notice,
5, Liabilities
The parties agree to indemnify and save harmless the other from any loss or damage arISIng
from want of repair of the portion of public highway that each has agreed to maintain and
repair.
7. Bridge Maintenance/Construction
The parties of this Agreement agree to share the cost 50/50 for any culvert and bridge
maintenance or construction over 600 mm in size, Work to be performed by the Municipality
who has jurisdiction of that area,
8, Term of Agreement
This Agreement shall continue for a period of one year, and thence from year to year
thereafter, unless Notice of Termination is served by either party upon the other, 30 days
prior to the Anniversary Date.
9. Registration of Agreement
This agreement shall be executed upon approval, by By-Law, and as authorized by the
respective Municipalities. The Township of Oro.Medonte shall be responsible for ensuring
that the By. Laws and the said agreement are registered in the land registry office for the
County of Simcoe, as required for within the Municipal Act. Any costs associated to the same
shall be borne by the Township of Oro. Medonte.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR
~.~
CLERK
!2~u~ 1-" \uJ,L
TOWNSHIP OF TA Y 'I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DEPUTY
MAYOR
i~~ 2?r-?d<A/
TOWNSIllP OF ORO-MEDONTE
CLERK
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TOWNSIllP OR ORO-MEDONTB (/
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New Property Identifiers
Executions
(8) This Document provides as follows:
Additional:
See
Schedule
Additional:
See
Schedule
By-Law No. 94-63 as attached.
UYl:. II< UUHHAM I.,;V, LIMII tu
Form No. 995
Document General
Form 4 - Land Registration Reform Act, 1984
o
(1) Registry IX]
land Titles 0
(2) Page 1 of b pages
(3) Property Block
Identlffer(s)
Property
Additiona!'
See 0
Schedule
(4) Nature of Document
By-Law
(5) Consideration
o
n/a Dollars $
(6) Descrlpllon
All that being:
1. Road Allowance between Concession 1 and
Concession 2, Township of Oro-Medonte '( fonnerly
Medonte Township) known as the 1st LiI/e Medonte
(1993) from S 1/2 Lot 75 to County ROad 23:
2. Road Allowance between Concession 8 and Concession
9 known as the 8th Concession Road Tay Township
from S 1/2 Lot 1 to County Road 23:
in
the County of
(a) Redescription
New Easement
Plan/Sketch
S:imcoe
(b) Schedule for:
o Description 0
o Other [29
o
(7) This
Document
Contains:
Additional
Parties
Declaration Under Section 22 of the Act attached as Schedule "B"
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or interest)
Name(s)
on Schedule h3J
Signature(s)
Date of Signature
Y M 0
THE CORPORATION OF THE 'I'C1;mSHIP
."... .
08
..... .
..,...., .
1995 ! 02
, ~ ' .
. .OFOR0-:ME!XJNTE' by its Clerk... Darlene Shoebridge.
. Municipality.
...... .
.,..." .
. ' , . . . . .
I I have the authority to bind the
I (11) Address
tor Service
P.O. Box 100, Oro,
(12) Party(ies) (Set out Status or Interest)
I Name(s)
I
!
Corporation
Ontario
LOL 2XO
Signature(s)
Date of Signature
Y M 0
THE CORPORATION OF THE 'I'C1;mSHIP
.....,. .
....... .
i
I OF TAY
~uniciPality'
!
,
I
(13) Address
. tor Service
(14) Municipal Address of Property
Not Assigned
...... .
....,. .
......,..... .
........,.... .
(15) Document Prepared by:
Fees and Tax
Lynda Aiken, Deputy Clerk
Township of oro-Medonte
P.O. Box 100
Oro, Ontario
LOL 2XO
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DECLARATION UNDER
SECTION 22 OF THE ACT
Schedule "E"
I, Darlene Shoebridge, of the Township of Oro-Medonte do solemnly
declare that I am a party to By-Law No. 94-63 which affects the
following lands:
L
Road Allowance between Concession 1 and Concession 2, Township
of Oro-Medonte (formerly Medonte Township) known as the 1st
Line Medonte (1993) from S 1/2 Lot 75 to County Road 23;
Road Allowance between Concession 8 and Concession 9 known as
the 8th Concession Road Tay Township from S 1/2 Lot 1 to
county Road 23;
in the County of Simcoe.
2.
I make the solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
Declared before me
at the Township of Oro-Medonte
this 20th day of February
1995.
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A commissioner, etc.
5
.
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-63
Being a By-law to authorize the entering into a Boundary Road
Agreement with the Township of Tay
'.
WHEREAS section 271 of the Municipal Act, R.S.O.,
provides the authority for adjoining municipalities
agreements for maintenance ad repair of highways;
Chapter M.45
to enter into
AND WHEREAS the Township of Tay and the Township of Oro-Medonte
have boundary roads;
NOW THEREFORE the Municipal Council of The Corporation of the
Township of Oro-Medonte enacts as follows:
1. That an agreement be entered into with the Township of Tay in
accordance with the words and terms set out in the attached
agreement noted as Schedule "A".
2. That the Mayor and Clerk are hereby authorized to execute the
said agreement on behalf of the Corporation and affix thereto
the Corporate Seal.
3. That this By-law shall come into force and take effect on the
final passing thereof.
READ a first and second time this 6th day of April, 1994.
READ a third time and finally passed this 6th day of April, 1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~ /!5~/
DEPUTY MAYOR IAN BEARD
.;(bA ,{,'/I../ 0 ~(Cyh r/#-_
4LERK DARLENE SHOIfBRIDGE .
e.
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Corporation d the T~wnsn;p of
Oro~Medonte do hereby certify under my
hand and the corP:y(;"1.ts ~.8a! that the
foregoing ~ a true and ctmect ccpy of
By-Law No. 94.63
which was duly passed in Council on
April 6, 1994
Daled: May 6, 1994
Oro SIaIion. Onta~ (p h, ~'1.CIerf<
THE CORPORATION OF THE TOWNSHIP OF TA Y
BY-LAW NO. 94-41
Being a By. Law to authorize the entering into a Bouudary
Road Agreement with the Township of Oro.Medoute
.
WHEREAS Section 271 of the Municipal Act, R.S,O, 1990, Chapter MAS provides the
authority for adjoining municipalities to enter into agreements for maintenance and repair of
highways;
AND WHEREAS the Township of Tay and the Township of Oro-Medonte have boundary
roads;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF TAY ENACTS AND BE IT ENACTED AS FOLWWS:
1. That an agreement be entered into with the Township of Oro-Medonte
in accordance with the words and terms set out in the attached
agreement noted as Schedule 'A',
2, That the Mayor and Administrator/Clerk are hereby authorized to
execute the said agreement on behalf of the Corporation and affix
thereto the Corporate Seal.
3. This By-law shall come into force and take effect immediately after
the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME and finally PASSED this 9th day
of MARCH, 1994.
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR
Q.,....D~, \.LJu~l~
ADMINISTRA TOR/CLE K
CAG/ka
e
WORflORATION OF THE TOWNSH!P OF TAY
~TIFIED TO BE A TRUE COpy OF:
AESOLUTION DATED
BY.LAW No. C\ '-\- . L\. \
OTHER
II OF pt:lS I OATEKctlchl"\\<44
· 1'I.r\/;::1
SIGNATU. [//1 '::Mi<..-
DATE \-\o.(chS\qy
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SCHEDULE 'A'
MEMORANDUM OF AGREEMENT made in duplicate this
1994,
ISc--
--7-
day of _::J.<. '-'Cf,'(
BE1WEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(herein after called the Township of Oro-Medonte)
- and -
THE CORPORATION OF THE TOWNSHIP OF TAY
(herein after called the Township of Tay)
WHEREAS Section 271 of the Municipal Act, R,S.O. 1990, Chapter MAS, provides for adjoining
municipalities to enter into agreements for the maintenance and repair of any highway forming the
boundary between such municipalities, including the bridges' thereon that it is their duty to maintain
and repair and to indemnify and save harmless the other from any loss or damage arising from the
want of repair;
AND WHEREAS the Township or Oro-Medonte and Township of Tay desire to enter into an
Agreement for the maintenance of certain public highways on or near the boundary between the two
municipalities;
NOW THEREFORE the Township of Oro-Medonte and the Township of Tay do hereby mutually
covenant and agree as follows:
1. Area Schedule and Reauired Maintenance ResDonsibilities
(1) TOWNSHIP OF T A Y
a) Road Allowance between Concession 1 and Concession 2 Oro- Medonte
(formerly Medonte Township) known as the 1st Line Medonte (1993Jin the
County of Sfulcoe
FROM S 1/2 Lat 75 TO County Road 23
Summer and Winter Maintenance
(2) TOWNSHIP OF ORO-MEDONTE
a) Road Allowance between Concession 8 and Concession 9 known as the 8th
Concession R:aj 'lay 'RwEhip. in the County of Simcoe
FROM
S 1/2 Lat 1 TO
Summer and Winter Maintenance
County Road 23
2. Descrintion of Maintenance Works
Notwithstanding the other provisions of this Agreement, the parties acknowledge that:
a) Summer maintenance constitutes the operations of grading, gravel resurfacing, patching,
hard top, resurfacing, signage, grass cutting, brushing, ditching, shouldering, dust
control and all other operations required to maintain the road section to a generally
accepted Ministry of Transportation level of service.
b) Winter maintenance constitutes the operations of plowing, sanding, ice-blading, culvert
thawing, ditch clearing and all other operations required to maintain the road section to
a generally accepted Ministry of Transportation level of service.
3. Authoritv
The parties of this Agreement agree that the respective Municipality responsible for the
summer maintenance operations shall be responsible to authorize and execute all entrance
permits, utility encroachments and any other encroachments for the portion of highway
exclusively for its area of jurisdiction.
. .
.
e
er
.2-
4, Boundarv Road Construction
Nothing in this agreement shall confer an obligation upon either Township for construction or
reconstruction of a boundary road unless agreed to by both parties and giving either party a
minimum of one (1) years written notice. Said notice shall commence on the first day of
January after receipt of such notice.
5, Liabilities
The parties agree to indemnify and save harmless the other from any loss or damage arising
from want of repair of the portion of public highway that each has agreed to maintain and
repair.
7, Brid2e Maintenance/Construction
The parties of this Agreement agree to share the cost 50/50 for any culvert and bridge
maintenance or construction over 600 mm in size. Work to be performed by the Municipality
who has jurisdiction of that area.
8, Term of A2reement
This Agreement shall continue for a period of one year, and thence from year to year
thereafter, unless Notice of Termination is served by either party upon the otber, 30 days
prior to the Anniversary Date.
9. Rellistration of A2reement
This agreement shall be executed upon approval, by By-Law, and as authorized by the
respective Municipalities. The Township of Oro.Medonte shall be responsible for ensuring
that the By-Laws and the said agreement are registered in the land registry office for the
County of Simcoe, as required for within the Municipal Act. Any costs associated to the same
shaU be borne by the Township of Oro-Medonte.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR
CLERK
Q~~ f.-IuJL
TOWNSHIP OF TAY
THE CORPORATION OF THE TOWNSIDP OF ORO-MEDONTE
DEPUTY
MAYOR
fL-- RJ
TOWNSIDP OF ORO-MEDONTE
CI.RllIC
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TOWNSIDP OR ORO-MIIDONTB v
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