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HomeMy WebLinkAbout03 106 agree weber hwy access e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2003 - 106 ! BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A HI~HWAY ACCESS AGREEMENT WITH NELSON WEBER . (Lots 25 and 26, Concession 8, Former Township qf Kincardine) ! , WHEREAS Section 28 (2) of the Municipal Act, 2001, S.O. 20~1, c. 25 as amended bestows local municipalities with jurisdiction over hig~ways located within the municipality; ! I I AND WHEREAS the Municipality of Kincardine is a lower tier ~uniCiPality with jurisdiction over the public highway known as the original road lIowance between Lot 25 and 26, Concession 8, Municipality of Kincardi e (former Township of Kincardine), County of Bruce (hereinafter called t e "highway"). I AND WHEREAS there is on the highway a bridge over the pe~etangore River known as Bridge #2125 which has been deemed to be unsafe nd in need of demolition by the Engineers for the Municipality. I ! AND WHEREAS the Municipality of Kincardine has applied to ~he Ontario Municipal Board for an Order for relief from the obligation to reþuild Bridge #2125. ¡ I AND WHEREAS Nelson Weber is the owner of lands on both*ides of the Penetangore River located over the highway and has request d assurance from the Municipality of Kincardine that he will be able to continue t use the highway for access to his lands. ' NOW THEREFORE the Council for The Corporation of e Municipality of Kincardine ENACTS as follows: 1. An agreement with Nelson Weber for the continued us of the road allowance between Lot 25 and 26, Concession 8, Muni ipality of Kincardine (former Township of Kincardine), County of ruce in the form attached to this by-law is approved. 2. Upon acceptance and execution of the original agreem nt by Nelson Weber, the Mayor and CAO of the Municipality of Kinc rdine are authorized to sign the agreement and forward certified opies to the Ontario Municipal Board in support of its application fo an Order for relief from the obligation to rebuild Bridge #2125. ../2 e Weber Highway Access Agreement (Lots 25 & 26, Concession 8) By-Law Page 2 of 2 By-Law No. 2003 -106 3. This By-law shall come into full force and effect upon its ~inal passage. This By-law may be cited as the "Weber Highway Aþcess Agreement (Lot 25 and 26, Concession 8, Former Township of Kinc~rdine), By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED TO! BE PASSED this 6th day of August, 2003. ' 4. e '? ..;---- ~_/ I LCL-'- Clerk e e · · · .' , , , ,. Agreement made this (¡,'H'day of AUju sf" ,2003. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called "Kincardine") - and - NELSON WEBER (Hereinafter called "Weber") RECITALS: 1. Kincardine is a lower tier Municipality with jurisdiction over the public highway known as the original road allowance between Lot 25 and 26, Concession 8, Municipality of Kincardine, (former Township of Kincardine), County of Bruce, (hereinafter called the "highway"). 2. There is on the highway a bridge over the Penetangore River known as Bridge #2125 which has been determined by the Engineers for Kincardine to be unsafe and in need of demolition. 3. Kincardine has applied to the Ontario Municipal Board for an Order for relief from the obligation to rebuild Bridge #2125. 4. Weber is the owner oflands on both sides of the river and has requested assurance from Kincardine that he will be able to continue to use the highway for access to his lands. AGREEMENT AND ACKWNOWLEDGMENT Now therefore the parties hereto agree and acknowledge as follows: 1. Kincardine grants to Weber the right to use the highway as access to his land. 2. Kincardine will not do anything which will hinder the right of access by Weber by way of horse drawn conveyances. 3. In the event Kincardine takes action under the Municipal Act, 2001, to legally close the highway, it agrees to continue such right of access to Weber after the road closure. 4. Weber acknowledges that the execution of this agreement shall be considered as a withdrawal of his objection to the application by Kincardine to the OMB known as OMB Case #PL020467 and M020032. 5. Weber acknowledges that once removed, Bridge #2125 will not be replaced and Kincardine will not be providing any type of bridge, ford or other crossing of the Penetangore River located on the highway. 6. Weber acknowledges that Kincardine will not be maintaining the highway as a public highway after the bridge is removed. ~ , .' . . .' .þ -2- 7. Weber acknowledges that he is assuming the risk of using the highway and crossing the river and confirms that he will release Kincardine from any claims, demands and damages arising from his continued use of the highway. 8. Weber agrees to indemnify Kincardine from all claims, demands and costs arising from his continued use of the highway and river crossing activities. 9. It is agreed that this right of access is personal to Weber and is not transferable without the consent of Kincardine and is not intended to be a right of way which will run with and benefit the land owned by Weber. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: We have authority to bind the Corporation. Per~}:)C- ¿"e-< ---- n N\ vel J John deRosenroll CAO ~ 1f~ Nelson Weber - Land Owner ,.,...