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Home My WebLink About23 185 Roach Drain Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 185 Being a By-law to Authorize a Mutual Agreement for Drainage Works for the Roach Drain 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 a 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 Roy Ernest Roach & Joyce Lynn Roach, Elmer Albrecht & Sharon Linda Albrecht, Burnside Farms (2012) Ltd., and Karen Elizabeth Stam, which will affect a portion of Municipal property; 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 the Roach Drain Agreement with Roy Ernest Roach & Joyce Lynn Roach, Elmer Albrecht & Sharon Linda Albrecht, Burnside Farms (2012) Ltd., and Karen Elizabeth Stam, attached hereto as Schedule “A”. 2. That the Mayor and Clerk be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law be cited as “Roach Drain Agreement (2023) By-law”. Read a First and Second Time this 8th day of November, 2023. Read a Third Time and Finally Passed this 8th day of November, 2023. Mayor Clerk Agreement Drain — Roach Drain Date of AGREEMENT made in duplicate this 8th day of November , 2023. Agreement BETWEEN: Parties Roy Ernest Roach &Joyce Lynn Roach 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 Elmer Albrecht& Sharon Linda Albrecht hereinafter called the "Party of the Third Part" and Burnside Farms (2012) Ltd. hereinafter called the"Party of the Fourth Part" and Karen Elizabeth Stam hereinafter called the "Party of the Fifth Part" Reference to This agreement is made under the authority of Section 2 of Drainage Act, R.S.O. Drainage Act, 1990, Chapter D.17. RSO, 1990 WHEREAS the Party of the First Part, Fourth Part and Fifth Part desired an outlet for a tile drainage system for Lot 61/62 Concession 2 NDR, Lot 61-65 Concession 1 NDR WHEREAS it was necessary to construct the outlet on the property of the Party of the Second Part and use the existing clay on the property of the Party of the Third Part, First 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) Roll Number: 410 821 00020 3900 — PIN — 33299 — 0082 (LT) - LT 61 - 62 Description of CON 2 NDR KINCARDINE EXCEPT PT 1, 3R3547; KINCARDINE, being the Lands property of the Party of the First Part and b) PIN 33299 — 0063 (LT) — RDAL BTN LT 60 AND 61 CON 1 AND 2 NDR KINCARDINE; KINCARDINE; being the property of the Party of the Second Part and c) Roll Number: 410 821 00020 3800 — PIN 33299 — 0081 (LT) - PT LT 58 - 60 CON 2 NDR KINCARDINE AS IN R317490; KINCARDINE, being the property of the Party of the Third Part and d) Roll Number: 410 821 00012 3300-PT LT 61 -62 CON 1 NDR KINCARDINE ; KINCARDINE, being the property of the Party of the Fourth Part and e) Roll Number: 410 821 00012 3400- PT LT 63-65 CON 1 NDR KINCARDINE ; KINCARDINE, being the property of the Party of the Fifth Part 2 Description of The drain will consist of 66 feet of 10 inch (HDPE) High Density Polyethylene Pipe and Drainage Works two Catch basins. This agreement will use the existing clay tiles on Lot 60 Concession 2 NDR, Lot 61 Concession 2 NDR, Lot 61 Concession 1 NDR and Lot 62 Concession 1 NDR, these consist of a 8 inch clay and a 6 inch clay. The downstream end of the drainage works is an existing 8 inch clay tile located on Lot 60, Concession 2 NDR, the property of the Party of the Third Part. The Party of the Third Part acknowledges there may be connections to this tile and he will not add any more and leave it for the outlet of this drain. From the outlet the existing tile is located in a northeast direction across Lot 60 Concession 2 NDR as an 8 inch clay tile to the west boundary of Sideroad 30S, a new CB will be installed at or near the west boundary of Sideroad 30S, the drain will then cross Sideroad 30S as a 10 inch HDPE for 66 feet and end at or near the east boundary of Sideroad 30S.A catch basin will be installed at or near the east boundary of Sideroad 30S. The existing tile is located in a southeast direction across Lot 61 Concession 2 NDR and Lot 61/62 Concession 1 NDR as a 6 inch clay tile, this tile serves as an outlet for Lots 61-65 Concession 1 NDR. Currently the existing 6 inch tile, the outlet for Lots 61-65 Concession 1 NDR, is connected to the catch basin on the east side of Sideroad 30S. If the Party of the Fourth and/or Fifth Part wish to improve the drainage of their lands they will also be required to have a new Mutual Agreement Drain. The new MAD will need to include a new larger tile or twinning the existing tile, a new road crossing and catch basins and an agreement will need to be made with the Party of the Third Part for a new tile or a tile upgrade in that property. Although the Party of the First Part acknowledges that the 6" clay is connected to and using the road crossing and the catch basins it is to be understood that the drain belongs to and is the sole responsibility of the Party of the First Part, therefore only maintenance of the 6 inch tile is permitted. (A map of the specific location of the drain is available at the office of the Corporation of the Municipality of Kincardine) Construction Construction of the drain took place in July 2020. Maintenance Party of the First Part, Fourth Part and Fifth Part shall have access to the drain for maintenance. If any Party notices the drain needs maintenance they will inform the Party of the First Part, Fourth Part or Fifth Part and shall grant access for the repairs. Any fences that are damaged shall be repaired. Any future maintenance shall be paid as stated under Costs. Any work on the road must not be started without proper permits and approvals from the Municipality. 3 Costs The entire cost of the construction of the drain, namely the road crossing and the catch basins, shall be paid in the following proportions: 100% Party of the First Part. Estimated cost: $4000 The cost to maintain the existing 8 inch tile in Lot 60, Concession 2 NDR shall be paid in the following proportions: 36% Party of the First Part 34% Party of the Fourth Part 30% Party of the Fifth Part The cost to maintain the road crossing and catch basins shall be paid in the following proportions: 100% Party of the First Part The cost to maintain the existing 6 inch tile in Lot 61 Concession 2 NDR and Lot 61/62 Concession 1 NDR shall be paid in the following proportions: 50% Party of the Fourth Part 50% Party of the Fifth 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 equally by the Party of the First Part, Fourth Part and Fifth Part. The provisions herein contained shall endure to the benefit of and be binding upon ° the parties hereto and their respective heirs, administrators, executors, successors and assigns. In Witness Whereof the Party hereto have hereunto set their hands or seals this day of , , 2023. .g 4vexemoer-- ,(2,4_. ,k/cry ft(reti,k Witness: Roy Ernest Roach gOaCh Witness: Joyc ynn Roach THE CORPORATION OF THE MUNIC ALITY OF KINCARDINE 1 Per: ; j,ryL°ytL /4 {�l Per: IAAr Jennifer Lawrie, Clerk K e h Craig, Mayor Per: .01(41 GU'I4, A `6(t 5/Gou Jillene Bellcham r-Glazier, CAO WE have authority to bind the Corporation Witness: Elmer Albrech Say r '�ra Witness: hon LindaAbrecht _ 2)..A (--. .-__ Witness: Bu nside Farms (2012) Ltd. Witness: aren Elizabeth Stam