HomeMy WebLinkAboutKIN 93 068 Use/Lands with PUC
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1993-68
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR USE OF
LANDS WITH THE KINCARDINE PUC
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Kincardine PUC for the use of lands owned by the Kincardine
PUC, at the Valentine Avenue Landfill Site in order that weigh
scales may be installed;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with the Kincardine PUC for the use of lands
owned by the Kincardine PUC, at the Valentine Avenue
Landfill Site in order that weigh scales may be
installed.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Kincardine PUC which is attached to
this by-law and to affix the Town's Corporate seal as and
when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Kincardine PUC Weigh
Scale Agreement By-law".
READ a FIRST and SECOND time this 12th day of November, 1993.
READ a THIRD time and FINALLY PASSED this 18th day of November,
1993.
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Clerk
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This AGRBBMEN'.r made this 11#1 day of Novernb-or , 1993
BETWEEN:
'l'BB CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
KINCARDINE PUBLIC UTILITIES COMMISSION
herinafter called the "PUC"
of the Second Part.
WHEREAS the Town requires an area to install a weigh scale
at its Valentine Avenue Landfill Site;
IIIOW 'l'BBREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of other good and valuable consideration and the sum
of ONE DOLLARS ($1.00) of lawful money of Canada, now paid
by each of the two parties hereto, (the receipt whereof is
hereby acknowledged) the parties hereto covenant, promise
and agree with each other as follows:
1. The Town may use that portion of the PUC lot on Bruce
Avenue between the existing south fence and the south
lot line Outlined by the darkest black line on
Schedule "A" attached hereto) as a Weigh Scale Area
only.
2. The Town shall be wholly responsible for all grading,
gravel and drainage required for the weigh scale area.
3. At such a time when the lot is no longer required for
a weigh scale area, the Town shall at its expense,
seed the area with grass seed and plant trees to the
satisfaction of the PUC.
4. If for any valid reason the PUC requires the use of
the said lands, the Town agrees that, upon receiving
twelve months written notice, that they will cease to
use the land and agrees to seed the area with grass
seed and plant trees to the satisfaction of the PUC.
The PUC shall not be liable to pay any compensation
whatever for or in respect of the said encroachment.
5.
This Agreement shall enure to the benefit of and be
binding on the respective heirs, executors,
administrators, successors and assigns of the parties
hereto (and shall run with the said land owned by the
parties) .
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Weigh Scale Area Agreement
Page 2
IN WITNESS WHEREOF the parties hereto have
their corporate seals attested by the hands
authorized officers.
hereunto set
of their duly
SIGNED, SEALED AND DELIVERED
in the presence of
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) THE CORPORATION OF '1'BB TOWN
) OF KINCARDINE
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) Clerk - Maureen A. ~~e'"
: KINCARDINE PUBLIC UTI~-ñ~~'>""
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) COMMISSION ~ "._o'---o.-'_'\.
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) Chair - Ernest Fry .:;., ,=,~ "
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) Secretary - H tley Watson
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SCHEDULE "A"
TOWN OF
KINCARDINE PUC
PROPERìY REOUIREUENTS:
Q,31ho. KINCARDINE PUC
(Q.31ho. BUFFER ZONE)
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124m
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EXISTING
LANDFILL SITE
PROPERTY
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