The URL can be used to link to this page

Home My WebLink About24 074 - Ressor Mutual Drain Agreement (schedule A)Agreement Drain — Reesor-Roach-Starr Drain Date of Agreement Parties Reference to Drainage Act, RSO, 1990 Legal Description of Lands AGREEMENT made in duplicate this %�&, day of 2024. BETWEEN: Karen Elizabeth Stam hereinafter called the "Party of the First Part" and Burnside Farms (2012) Ltd. hereinafter called the "Party of the Second Part" and Roy Ernest Roach & Joyce Lynn Roach hereinafter called the "Party of the Third Part" and The Corporation of the Municipality of Kincardine hereinafter called the "Party of the Fourth Part" and Elmer Albrecht & Sharon Linda Albrecht hereinafter called the "Party of the Fifth Part" This agreement is made under the authority of Section 2 of Drainage Act, R.S.O. 1990, Chapter D.17. WHEREAS the Party of the First Part, Party of the Second Part and Party of the Third Part desired an outlet for a tile drainage system for Lot 63-65 Concession 1 NDR, Lot 61-62 Concession 1 NDR, Lot 61-62 Concession 2 NDR. WHEREAS it was necessary to construct the outlet on the property of the Party of the Fifth Part and to construct tile on the property of the Parry of the Second Part, Party of the Third Part and Party of the 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: F-TIN And And And a) Roll Number: 410 821 00012 3400 — PIN 33299-0060 (LT) - LT 63 - 65 CON 1 NDR KINCARDINE EXCEPT DEP1085; SIT R51253; KINCARDINE, being the property of the Party of the First Part b) Roll Number. 410 821 00012 3300 — PIN 33299 — 0061 (LT) - LT 61 - 62 CON 1 NDR KINCARDINE EXCEPT DEP1085; SIT R51582; MUNICIPALITY OF KINCARDINE, being the property of the Party of the Second Part c) Roll Number: 410 821 00020 3900 — PIN — 33299 — 0082 (LT) - LT 61 - 62 CON 2 NDR KINCARDINE EXCEPT PT 1, 3R3547; KINCARDINE, being the property of the Party of the Third Part d) 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 Fourth Part 2 e) 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 Fifth Part Description of The drain is made up of three sections. Drainage Works Section 1 - 300 feet of 18 inch SW (Smooth Wall) and 600 feet of 15 inch SW, located on Lot 60, Concession 2 NDR the Party of the Fifth Part. Section 2 — 2 catchbasins and 40 feet of 12 inch HDPE (High Density Polyethylene Pipe) and 800 feet of 12 inch SW, located on Sideroad 30S and Lot 61, Concession 2 NDR and Lot 61, Concession 1 NDR, the Party of the Fourth Part, Party of the Third Part and Party of the Second Part. Section 3 — 1400 feet of 8 inch PDT (Plastic Drainage Tubing), located on Lot 61-62, Concession 1 NDR the Party of the Second Part. The downstream end of the drainage works will outlet into a Natural Watercourse on or near the Lot line 59-60, Concession 2 NDR, the property of the Party of the Fifth Part. From the outlet the drain is located in a southeast direction across Lot 60 Concession 2 NDR as an 18 inch and 15 inch SW tile to the west boundary of Sideroad 30S, a catch basin will be installed at or near the west boundary of Sideroad 30S, the drain will then cross Sideroad 30S as a 12 inch HDPE for 40 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 drain is located in a south direction across Lot 61 Concession 2 NDR as a 12 SW to the lot line between Lot 61, Concession 2 NDR and Lot 61, Concession 1 NDR, a catch basin will be installed at this location, the drain is located in a south direction across Lot 61-62 Concession 1 NDR as a 12 inch SW and a 8 inch PDT to Lot line 62-63 Concession 1 NDR, a Surface Water Inlet will be installed at this location. (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 will take place in 2024. In reference to the Roach MAD By -Law NO. 2023 —185. Dated November 08,2023. The construction of this drain will make the corresponding tiles in the Roach MAD obsolete, the 8 inch clay and the 6 inch clay, these existing tiles will no longer form part of the Roach MAD. The new tiles installed will form part of this agreement drain and the Roach MAD catch basin on or near the west property line of Sideroad 308 will be connected to the new catch basin. The Roach MAD will only be the road crossing and will be maintained as per the Roach MAD. Maintenance Party of the First Part, Party of the Second Part and Party of the Third Part shall have access to the drain for maintenance. If any Party notices the drain needs maintenance, they will inform the Party on which the maintenance is required 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. Cost The drain will be made up of three sections The entire cost of the construction of the drain, shall be paid in the following proportions: Section 1 - Estimated cost: $21000 25% Party of the First Part. 43% Party of the Second Part 33% Party of the Third Part Section 2 - Estimated cost: $15000 37% Party of the First Part. 63% Party of the Second Part Section 3 - Estimated cost: $6500 100% Party of the First Part. Estimated cost: $42500 3 The cost to maintain the drain shall be paid in the following proportions: Section 1 25% Party of the First Part. 43% Party of the Second Part 33% Party of the Third Part Section 2 37% Party of the First Part. 63% Party of the Second Part Section 3 100% Party of the First Part. As per By -Law No. 2023-175, section 1. no work will begin on the Mutual Agreement Drain (MAD) until a deposit of $2500 is received from the initiating property owner. Once the deposit is receives! the Municipality will instruct the proper personal to proceed with the MAD. When the MAD is signed by the landowners involved, approved by the council and registered in the proper Registry Office the work may proceed. The deposit was received March 2024. 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, Party of the Second Part and Party of the Third 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. Witness: Date Voy Ernest Roach �Odl_e_ �Ana.'+e_s apy gy. 2ozy 196;11� 8y_~t )r0aZ14 Witness: Dat Joyc4tynn Roach THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: 1 I+u Kenneth Craig, Date Per: M � Tracey Guy, Deputy Clerk Date Uc,ki-t Wa4eg Pw z3.202-Y Witness: Date 1_ asLeAk )oAeS a�,sT ,1 2 �, 2 0 2 V Witness: Date We have authority to bind the Corporation Elmer Albrecht Sharon Linda Albrecht Burnsid rms (2012rttd) i Witness: Date ` Per: I have abthQrjYy to bind the Corporation. I�Ov ; jo `L(-( Witness: Date 387585302.1 Karen Elizabeth Stam