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HomeMy WebLinkAbout23 025 Bronkhorst Drain Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 - 025 Being a By-law to Authorize an Agreement with Johannes Bronkhorst, Renee Bronkhorst and Janet McConnell for the Bronkhorst Drain Agreement, Municipality of Kincardine Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas under Section 2 of the Drainage Act, RSO 1990 when two or more owners of land desire to construct or improve 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 Johannes Bronkhorst, Renee Bronkhuost and Janet McConnell (or c/o Tim McConnell) wish to enter into an Agreement Drain – Bronkhorst Drain; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That The Corporation of the Municipality of Kincardine enter into an Agreement with Johannes Bronkhorst, Renee Bronkhorst and Janet McConnell (or c/o Tim McConnell), in consideration of rents, covenants and obligations. 2. That the Mayor and Chief Administrative Officer be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Johannes Bronkhorst, Renee Bronkhorst and Janet McConnell attached to this By-law as Schedule “A”. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law may be cited as the “Bronkhorst Drain Agreement (2023) By-law". Read a First and Second Time this 13th day of February, 2023. Read a Third Time and Finally Passed this 13th day of February, 2023. Mayor Deputy Clerk Agreement Drain —Bronkhorst Drain Date of AGREEMENT made in duplicate this /6 day of ✓%' c �3 6/C,2022. Agreement BETWEEN: Johannes Bronkhorst& Renee Bronkhorst hereinafter called the"Party of the First Part" and The Corporation of the Municipality of Kincardine hereinafter called the"Party of the Second Part" and Janet McConnell or CIO Tim McConnell hereinafter called the"Party of the Third Part" Reference to This agreement is made under the authority of Section 2 of Drainage Act, R.S.O. 1990, Drainage Act, Chapter D.17. RSO, 1990 WHEREAS the Party of the First Part desire an outlet for a tile drainage system for Lot 34, Concession 7 E. WHEREAS it was necessary to construct the outlet on the property of the Party of the ' Second Part, Third Part and Fourth Part. AND WHEREAS all Parties herein do hereby agree that the work constructed will be repaired and will be maintained according to the following conditions: The properties affected by this Drainage Agreement are described as follows: Legal a) LT 34 CON 7 E BRUCE Roll Number:410 821 00022 6000—being the property Description of of the Party of the First Part Lands and b) LT 34 CON 6 BRUCE Roll Number:410 821 00022 0200 being the property of the Party of the Second Part Description of The property located at LT 34 CON 7 E Bruce will directionally drilling a new 250mm PVC Drainage Works drain under the road and into the adjacent farmland LT 34 CON 6 Bruce where it will connect to a new 300mm PVC tile drain adjacent to existing channel for approximately 200m before joining above mentioned ditch.Any work needed to complete some drainage cleanout of the existing ditch or channel area will take place to allow for flow. The drain is currently connected to a watercourse which will allow the water to a cycle through that channel. A sketch indicating the location of the Drain is available at the office of the Corporation of the Municipality of Kincardine. Direct connection to this drain will only be allowed to the Party of the First Part. Construction Construction of the drain will take place in late 2022 or early 2023. The contractor is to locate the existing tiles along the route prior to any work being commenced and any damages will be repaired in a timely manner during construction.Any fences that are damaged during construction shall be repaired in a timely manner. Any work on the Municipal Right of Way, Second Part, must receive approval from the Municipality prior to proceeding. All locates, permits, permissions and approvals are the responsibility of the landowners. Maintenance Party of the First Part shall have access to the drain for maintenance across all properties. Any one of the following parties—Party of the Second Part, Party of the Third Part,shall inform the Party of the First Part if maintenance is required and shall grant access for the repairs. Any fences or tiles that are damaged during the maintenance shall be repaired by the Party of The First Part. Any future maintenance shall be paid as stated under Costs. Any work on the Municipal Right of Way, Second Part, must receive approval from the Municipality prior to proceeding.All locates,permits, permissions and approvals are the responsibility of the landowners. Costs The cost of the construction of the Drain shall be paid in the following proportions: 100%Party of the First Part Estimated cost: $15,000.00(CDN) The cost of the maintenance of the Drain shall be paid in the following proportions: 100%Party of the First Part. This agreement herein contained when executed by the Parties hereto,shall be registered in the proper Registry Office and any costs shall be borne by the Party of the First Part. The parties hereto agree that no affidavit of subscribing witness to the execution of this Drainage Agreement is required, as contemplated by paragraph 2(1)(7)of the Drainage Act,for the purposes of registration of this Drainage Agreement in the proper registry office and,accordingly,the parties agree that the efficacy of this Agreement is not affected by the absence of such an affidavit. The provisions herein contained shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators,executors, successors and assigns. REMINDER OF THE PAGE LEFT INTENTIONALLY BLANK Johannes Bronkhorst& Renee Bronkhorst Per: Name: j. i3n ,,caCi—cff 7 Title: ikq 2 , I have authority to bind the corporation. Janet McConnell or C/O Tim McConnell Per: Title: r�, 2 I have authority to bind the corporation. / The Corporation of the Municipality of Kincardine Per: Mayor Ke CYai'q v Ot 1yl4;C-'-- C kantiaci-C z,cr 1 le have authority to bind the corporation.