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1994-063 To Authorize the Entering into a Boundary Road agreement with the Township of Tay il ". Ii ;i " iI II Ii 11 II i; II I; .. il II il iI II I II II II II 11 il i il II iI ii II " II i! il II II " II II II -- iI 11 il Ii II II i' ,I ii ii " Ii , il :1 ,. II II II ,i :i ., 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 I' : "..-> ;/ 6 e<:>Jt {? I/.vA~ DEPUTY MAYOR IAN BEARD ~llA .{"A pi ~ij,Y!)f, (y~.c ~LERK DARLENE SHO BRIDGE t ., -. . '2 SCHEDULE 'A' MEMORANDUM OF AGREEMENT made in duplicate this 1994. /Si:' ---"-',,.-"" 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 ~......, ~)~./ // rI /',.' J.lCo,jxv:yq' TOWNSIllP OR ORO-MEDONTB (/ \:>. <::)t~f~~ " . CD CD <.CJ N CO !i1 ~ Province of Ontario ;~; ;:: N N ;i~~ ~- I- c::::: (/) U) a.::: (;~<;( \~ tAl c::'.) t_ c-::: iC'....i ,.- IL C) Lid W C..:,) tu ::r- ,.. 1- 0 U ~,.," <. ::i'C ,;,) c' U':> k'". 4.. V) = Q :i: L.. f- <i" L .. IJ) ~ .~,- 0:0 . . 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 >- ..J Z Registration Fee o w '" OJ w () u. u. o a: o u. I \ Total . e 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. " ~i~A (,-' , A ~ I , .,~)I .lev! A ,.,/ fi<" 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. ... " (......::',..,.c.:"'t 11<:A I, 0tii;ci!Q ~;-:':'2t,t';:~;;,?, ~, 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 IJr.-l...- '. -. e 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 . / /-../) ./ / / ~ .2/ >/j/-Jd~~C;/- . TOWNSIDP OR ORO-MIIDONTB v -if.'