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Home My WebLink About15 010 Parker Drain Agreement (2015) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE �� 4 PALITY0F c∎O B - LAW NO. 2015 - 010 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A MUTUAL AGREEMENT FOR DRAINAGE WORKS (Parker 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 a Mutual Drain Agreement is 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 by Resolution # 08/14/13 — 07 Council accepted the proposal of Stan Eby, for 50% cost sharing to a maximum of $10,000, for drainage work in the area of Lot 33, 34, 35 Concession 8 and 9 (geographical area Township of Kincardine) conditional on a mutual agreement for drainage works being developed; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a mutual agreement for the Parker Drain; • NOW THEREFORE the Council of The Corporation of the Municipality of p p Y Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a mutual agreement with 1058657 Ontario Ltd. (c /o Stanley Eby), Robert and Deborah Dufton, and Frederick Parker, attached hereto as Schedule "A ". 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Parker Drain Agreement, attached hereto as Schedule "A" and forming part of this By -law. 3. That this By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Parker Drain Agreement (2015) By -law ". READ a FIRST and SECOND TIME this 28th day of January, 2015. • READ a THIRD TIME and FINALLY PASSED this 28th day of January, 2015. Mayor Clerk Agreement Drain — Parker Drain Date of AGREEMENT made in duplicate this 2'd day of December, 2044. Agreement BETWEEN: 1058657 Ontario Ltd., c/o Stanley Eby of Lot 33 and 34, Concession 9 hereinafter called the Party of the First Part and Robert & Deborah Dufton of Lot 34 and West Half of Lot 35, Concession 8 hereinafter called the Party of the Second Part and The Municipality of Kincardine (Part of Concession Road 9) in the Geographic Township of Kincardine) hereinafter called the Party of the Third Part and Frederick Parker, Lot 35, Concession 9 hereinafter called the Party of the Fourth Part. Reference to This agreement is made under the authority of Section 2 of The Drainage Act, RSO, Drainage Act, 1990 WHEREAS the Party of the First and Second Part desired an outlet for a tile RSO, 1990 drainage system for Lots 33, 34, Concession 9 and Lot 34, West Half of 35, Concession 8 and to provide drainage for road allowance between Concession 8 and 9 . WHEREAS it was necessary to construct the outlet on the property of the Party of the Fourth Part on Lot 35, Concession 9. All Parties do hereby agree that the work was constructed, will be repaired and will be maintained according to the following conditions: Legal 1. The properties affected by this Drainage Agreement are described as follows: Description of Lands Roll Number: 210 003 076, Lot 33 and 34 Concession 9, Township of Kincardine in the County of Bruce, being the property of the Party of the First Part. and Roll Number: 210 003 042, Lot 34 and West Half of Lot 35, Concession 8, Township of Kincardine in the County of Bruce, being the property of the Party of the Second Part. and Part of Concession Road 9, Township of Kincardine in the County of Bruce, being the property of the Party of the Third Part and Roll Number: 210 003 077, Lot 35, Concession 9, Township of Kincardine in the County of Bruce, being the property of the Party of the Fourth Part. Description of The downstream end of the drainage system outlets to Bruce County Road 1 Drainage Works (N= 489148.7 E= 467137) on the land of Party Four. There is a 15 inch (375 mm) diameter tile that extends south west towards the Concession 9 road through the property of Party Four. There are two catch basins installed near the south side of the property of Party Four, one at the end of the 15 inch diameter tile and one as an offset catch basin located approximately 20 feet from (N= 4891332.8 E= 466669.9) the tile drain and connected with a 12 inch (300 mm) diameter tile. There is an open ditch extension from the Concession 9 road culvert crossing to the catch basin as well as a ditch from the property of Party One. The drain on the property of the Party of the Fourth Part is constructed of 512 m (1680 feet) of 375 mm diameter perforated plastic agricultural tile approximately 0.9 metres varying below the ground surface. The outlet is a corrugated plastic pipe with a rodent grate. There is a six inch perforated tile from the West Half of Lot 35, Concession 8 connected to the catch basin at the end of the drain. Construction Construction of the drain took place in August 2013. Maintenance All four Parties shall have access along the drain route for any future maintenance. All four Parties shall have access to the drain for an outlet. Any two of the four Parties must agree upon all future maintenance of the drain. Any future maintenance shall be paid in equal proportions between Party One, Party Two, and Party Three. Costs The entire cost of the construction of the drain shall be paid in the following proportions: 50% Party of the Third Part 25% Party of the First Part 25% Party of the Second 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 by all the Municipality of Kincardine (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 Parties hereto have hereunto set their hands this 2..c. day of, v�`),(l cx_tr j , 2014' JJ f , . Party of the First Part: " , _ � Witness: C _ i _ Party of the Second Part: / A A / - '-- i � Witness: � /T4 Party of the Third Part 4f..e:tetz-C C :;y UGC Witness: / ' 411;)1k , ,' ) J Party of the Fourth Part: (t , _,r { 1 _,, „j, `' \. 1 t c `,% ./0 ,., i Witness: