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Home My WebLink AboutTWP 95 022 Agree-Brwn Hill Reco . I . t II . - THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. 95-22 Being a By-Law to Authorize the signing of an Agreement between Mr. Martin A. Hack. and Mr. Ulrich Hans Hack. and The Corporation of the Township of Kincardine Whereas the Municipal Act gives authority for a Municipality to pass By-Laws to enter into certain agreements II I I JUu1 ~reas it is deemed necessary to carry out reconstruction on Brown's Hill, being adjacent to Lot 13 Concession 4/5 (Hack's property) JUu1 Whereas it is appropriate to enter into an agreement with Mr. Martin A. Hack and Mr. Ulrich Han.s Hack the Regi.stered OWners of lands on which a portion of the construction work is planned to be undertaken Now ~fore the Municipal Council of the Corporation of the Township of Kincardine enacts as follows: 1. The Reeve and Clerk-Treasurer are hereby authorized to execute, on behalf of the Corporation of the Township of Kincardine, the Agreement between Mr. Martin A. Hack and Mr. ulrich Hans Hack. 2. That the Agreement be attached to this By-Law forming Schedule "A" to By-Law #95-22. Ii il 'I Ii II II " !I I; nAY OF !I ; " II Ii I, I' II i' II " " 3. This By-Law shall come into full force and effect upon its final passage. 4. This By-Law may be cited Reconstruction" - Hack -By-Law. Hill as \'Brown' s F/i FIRST AND SECOND TIME THIS , 1995. ~:~k;A /77L READ A nAY OF TIME AND FINALLY PASSED THIS , 1995. REEVE ~:~þ")) Seal II II I I I I i ! i II " Ii ¡: ,I " " I I I ¡ ,I II II 'I Ii I " .¡ II II I II Ii II P II Ii ,I II ~~ > . . ~ ...... ~ l1li"'" June 20, 1995 ~~:~ 1995 , KINCARDINE TOWNSHIP P A.RA.C3ii C>..... ENGINEERING LIMITED CONSULTING ENGINEERS - 8-1570.1/10 Mrs. Muriel Eskrick Township of Kincardine R.R. #5, Box 14 Kincardine, Ontario N2Z 2X6 Dear Muriel: Brown's Hill Aareement - Mr. Martin Hack Attached please find a Draft copy of an Agreement between the Township of Kincardine and Mr. Martin Hack and Mr. Ulrich Hans Hack for the reconstruction of and stabilization of the Brown's Hill Road. I We would ask that the Township review this Agreement with Messrs. Hack and provide comments to our office. The Final Agreement will include Schedule 'A' - Proposed Works. " you have any questions, please feel free to contact our office. Yours very truly, PARAGON ENGINEERING UMITED ð. .~~~ ~ Brad R. Pryde, P.Eng. /caw Enclosure , 311 GODERICH STREET PO BOX 1600 PORT ELGIN ONTARIO NOH 2CO TELEPHONE 519 . 389 . 4343 FAX 519 . 389 . 4728 KITCHENER PORT ELGIN BRACEBRfDGE LONDON MISSfSSAUGA - . . ." . TOWNSHIP OF KINCARDINE OFFICE OF THE CLERK-TREASURER COpy TEL: 51&.396-8100 FAX: 519 396 11432 MURIEL P. ESKRICK eOX14 R.R. 5, KINCARDINE. ONT. N2Z 2X6 August 8, 1995 Mr. Martin A. Hack Mr. Ulrich Hans Hack RR 45 Kincardine, ontario N2Z 2X6 Dear Sirs: subject: Brown's Hill Agreement Township of Kincardine I am now enclosing the subject Agreement to which schedule "An (Sheet 2 of 5) has been attached. Please review, and if satisfied it would be appreciated if you will sign and return all copies to this office for signature. We will then return a fully executed copy for your records. Thank you for your continued cooperation. sincerely, 'lODSRZP 01' ......~IIIIt iel P. Es ick Clerk-Treasurer MPE/cc Encl. ,'\4 "' . . v 'fOWBSBJ:P OJ' ~IIIIt ØBOIB'S BILL IŒCOIrSftUJC'J!IOR THIS AGREEMENT made, in quadruplicate, this , 1995. day of B J: ~ 1f J: J: R: MR. Ja1\7IlC A. BacJIt and MR. ULRJ:CB DIIS DCIt (hereinafter called the Landowners) (THE PARTY OF THE FIRST PART;) -and- '!III: CORl'OØUIOR 01' '!III: !01IItSBIP 01' VTW"IRDID (hereinafter called the Township) (THE PARTY OF THE SECOND PART;) '!IIJ: PAlWIJ:8 JIDJ:'fO AGRD AS FOLLOII8: ~ the Township is wanting to reconstruct and stabilize the Brown's Hill Road adjacent to Lot 13, Concession 4/5, in the Township of Kincardine; aID......s the Landowners are the registered owners of 'land on which a portion of the construction work is planned to be undertaken. _",."'11.11 the proposed Works will involve the construction of drainage works, regrading, fil~ing, erosion protection and restoration on the Township road allowance and lands adjacent (Lot 13, Concession 5) all of which is shown on Sheet 2 of 5 as contained Schedule 'A'. .. ;¡-~ DI8 Jurn__..;¡; 1II.:¡,'RISSJr.rB that in consideration of other good and valuable consideration and the sum. of one Dollar ($1.00) of lawful money of Canada, now paid by each of the parties hèreto to each of the other parties hereto (the receipt whereof is hereby acknowledged), the Parties hereto hereby covenant, promise and agree with each other as follows: 1. The Landowners agree to grant to the Township and their agents (i.e. contractor, Sub-contractors, Engineers) access to' their property to construct the Works as set out in Schedule 'A'. 2. The Township agrees to complete the construction of the said Works at the Township cost and shall make restoration of the works in accordance with the engineering design detailed in Schedule 'A'. .. ./2 I' I \..:! '9 . . !1'ownah1p Or K1Dcard1ne Bz:own' . BiJ.l. BeGOIUItrlmUon Page 12 3. The Landowners agree to allow access to the construction site along the north side of the penetangore River. The Landowners acknowledge that to permit the access by construction vehicles that a granular construction road base maybe required to be constructed. It is also agreed by the Township that the granulars will be removed upon completion of this construction and restored with topsoil and seed. The culvert required for crossing the drainage swale on the construction access road will be left in place for future use by the Landowners. 4. The Township agrees to pay the Landowner a lump StuD of $400.00 for the supply, installation and subsequent removal of fencing to separate the construction site from the adjacent pasture lands. Payment to the Landowners shall occur upon the completion of the fencing of the construction site. 5. It is declared, agreed, and understood that Schedule 'A' inclusive, annexed hereto, fOrm3 part of this Agreement. ~D' A. DCIt DB CORPORUIœ OJ' HE .Lu_SBZP œ JltDlClmDID ULaIca DB8 DCIt RJ:BVB CLJ:1Ut-!r1UUUJU1Um " I ¡ II II [I 'v . . 8\õ111W().a..J: 'A' 1'Ø01!08BD 1IORKS Brown's Hill concession Road IV-V Slope Stabilization Contract 'A' - Sheet 2 of 5 Plan and Profile sta 0+000.00 to Sta 0+220.00, as prepared by Paragon Engineering Limited, Revision No.1, dated July 12, 1995