1994-118 Authorize entering into a Boundary Road Agreement with Severn
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-118
Being a By-law to authorize the entering into a Boundary Road
Agreement with the Township of Severn
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 Severn 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 Severn
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 13th day of July , 1994.
READ a third time and finally passed this 13thday of July , 1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYO~:::RbBT E. DRURY"
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DEPUTY CLERK LYNDA AIKEN
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AGREEMENT
This Agreement made in duplicate this ~ day of January in the
year of one thousand nine hundred and ninety-four (1994)
BETWEEN
"THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE"
(hereinafter called "The Township of Oro-Medonte")
- and -
"THE CORPORATION OF THE TOWNSHIP OF SEVERN"
(hereinafter called "The Township of Severn")
WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section
271, provides for adjoining Municipalities to enter into
agreements for the maintenance and repair of highways;
AND WHEREAS the Township of Oro-Medonte and the Township of
Severn 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
Severn do hereby mutually covenant and agree as follows:
1. Area Schedule and Reauired Maintenance Responsibilities
(1) Township of Severn
(a) To provide winter maintenance inclusive of the
boundary road known as the 14th Line from Lot 1 to
Lot 17, more or less.
(b) To provide all season maintenance inclusive of the
boundary road known as the 14th Line from Lot 1 to
Lot 9, inclusive.
(c) To provide all season maintenance inclusive of the
13th Line within Lot 16 north of the 15/16
Sideroad, more or less.
(d) To provide winter maintenance inclusive of the
15/16 Sideroad from Line 12 to 14, more or less.
(e) To provide all season maintenance inclusive of the
12th Line within Lot 16 north of the 15/16
sideroad, more or less.
(2) Township of Oro-Medonte
(a) To provide all maintenance (other than winter
control) on the boundary road known as the 14th
Line from Lot 10 to Lot 16, inclusive.
(b) To provide all season maintenance inclusive on the
loth Line within Lot 16 and Lot 17, from the 15/16
Sideroad to old 400 Highway, more or less.
(c) To provide winter maintenance inclusive of the
road known as Reservoir Road within Lots 18, 19
and 20, from Highway 400 North.
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2.
Description of Maintenance Works
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Notwithstanding the other provisions of this Agreement, the
parties acknowledges 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, iceblading, 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.
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.
6. Bridae 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.
7.
Term of Aareement
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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.
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8. Reqistration of Aqreement
This Agreement shall be executed upon arrival, by By-law,
and as authorized by the respective Municipalities.
IN WITNESS THEREOF the parties hereto have caused their
respective seals to be affixed duly attested by the hands of
their proper corporate officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPORATION OF THE TOWNSHIP OF SEVERN
OF ORO-MEDONTE
MAYOR
CLERK
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Additional"
See
Schedule
Additional:
See
Schedule
(8) This Document provides as follows:
DYE & DURHAM CO, LIMITED
Form No. 98S
Document General
Form 4 -Land Registration Reform Act. 1984
o
(1) Registry IX!
Land Tilles 0
(2) Page 1 of 3
pages
(3) Property Block
Identlfler(s)
Property
Additional:
See 0
Schedule
(4) Nature of Document
Boundary Road Agreement
of the Municipal Act.
(5) Consideration
under Section 271(2)
N/A
Dollars $
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(6) Description
All that being:
1. Road Allowance between Concession 1 and
Concession 2, Township of Oro-Medonte (formerly
Medonte Township) known as the 1st Line Medonte
( 1993) fran sJ, Lot 75 to County Road 23;
2. Road Allowance between Concession 8 and Concession
9 known as the 8th Concession Road Tay Township
from sJ, Lot 1 to County Road 23;
o
in the County of Simcoe.
(7) This (a) Redescription
Document New Easement
o Contains: Plan/Sketch 0
(b) Schedule for:
Additional
Desc,iption 0 Parties 0 Other fJ
Boundary Road Agreement as attached.
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature(s)
Date of Signature
Y M 0
THE CORPORATION OF THE 'IOJiNSHIP OF
ORQ-MEOONTE by its Clerk Darlene Shoebridge
....... ....,.....,.
~ Municipality , , , , , .. , , ,
,
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I have the authorJ.ty to b~nd the Corporation.
(11) Add,ess
for Service P.O. Box lOa, 0rD, CI1tario LOL 2XO
(12) Party(ies) (Set out Status or Interest)
Name(s)
......... .
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,.......,.......,. ..........
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Signature(s)
Date of Signature
Y M D
'IOJiNSHIP OF TAY
~"mRroAATION 0' urn
ilfipa1itjT",,"" ,
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(13) Add",s,
for Service
(14) Municipal Address of Property
N/A
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.......,........... .
. . . . . . .
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............. .
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(15) Document Prepared by:
Fees and Tax
Lynda Aiken, Deputy Clerk
Township of OrD-Medonte
P.O. Box 100
0rD , CI1 tario
LOL 2XO
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