The URL can be used to link to this page

Home My WebLink AboutBRU 97 025 agree caldwell/foers THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 97-25 . BEING A BY-LAW to authorize the Township of Bruce as owner of the lands being the original road allowance, between Lots 30 and 31, Concession 12, in the Township of Bruce, to enter into an agreement with Lynn William caldwell and Marguerite Ann Caldwell as owners of Lot 30, Concession 12, in the Township of Bruce, and Dorothee Foerster as owner of Lot 31, Concession 12, in the Township of Bruce. WHEREAS there has been a drainage works constructed which benefits all of the lands owned by the parties. AND WHEREAS the parties desire to enter into a mutual drainage agreement pursuant to the provisions of the Drainage Act, R.S.O. 1990, Chapter D.17, providing for the construction, improvement, financing and maintenance of drainage works. AND WHEREAS the Municipal 101, provides that the exercised by by-law. Act, R.S.O. 1990, Chapter M.45, section powers of the municipality shall be NOW THEREFORE the Council of the Corporation of the Township of Bruce hereby enacts as follows: 1. That the Township of Bruce enter into an agreement with Lynn William caldwell and Marguerite Ann Caldwell, and Dorothee Foerster in the form attached, as schedul e "A" to this by-l aw. 2. That the clerk and Reeve be authorized to sign the agreement on behalf of the Corporation. . By-law introduced and read a First time this SIXTEENTH day of DECEMBER, 1997. By-law read a Second time this SIXTEENTH day of DECEMBER, 1997. By-law read a Third time and finally passed, signed, sealed and numbered 97-25 this SIXTEENTH day of DECEMBER, 1997. ß¿t~ CLERK ~K4 REEVE - ',SEAL " ,,,,-- ,,,,,,.,. ",~..,."~.~,,..,. co:: 0..(--/' . "'~ / Agreement made this First day of December, 1997. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called "the Township") OF THE FIRST PART -and- LYNN WILLIAM CALDWELL, and MARGUERITE ANN CALDWELL (Hereinafter called "Caldwell") OF THE SECOND PART -and- DOROTHEEFOERSTER (Hereinafter called "Foerster") OF THE THIRD PART RECITALS WHEREAS Caldwell is the registered owner ofall of Lot 30, Concession 12, in the Township of Bruce, County of Bruce, which are hereinafter referred to as the "Caldwell lands". AND WHEREAS Foerster is the owner of Lot 31, Concession 12, Township of Bruce, County of Bruce, hereinafter referred to as the "Foerster lands". AND WHEREAS the Township is the owner of lands being the original road allowance, between Lots 30 and 31, Concession 12, in the Township of Bruce, County of Bruce, hereinafter referred as the "Township lands". AND WHEREAS there has been a drainage works constructed which benefits all of the lands owned by the parties. AND WHEREAS the parties desire to enter into this agreement pursuant to the provisions of the Drainage Act, R.S.O. 1990, Chapter D.17, providing for the construction, improvement, financing and maintenance of the drainage works. In consideration of the work completed by the parties and the mutual covenants -.. !'Iprl pmvisiQnshmÏn..conmme..d, tþ~ P!!!.tÏes hereto agree as follows: -ib',~ Tim DRAINAGE ACT I. This agreement is made pursuant to the Drainage Act, R.S.O. 1990, Chapter D. 17, Section (2) and is considered "a Mutual Agreement Re: Drainage Works". "...- Elcnedul",' A" , "Thiele sd'l"d..\.. .. A" 110 By-law ~b. Q,..;:6~ 1='....... .d this ¡t.."h d"'i. of t>=be<' ~::: ~£h Clark ~ ..J .""'!'-,.,.,....<". , \, ~ ~ - 2- LAND REGISTRATION 2. This agreement shall be registered only against the Caldwell lands and the Foerster lands as described above. ESTIMATED COSTS 3. The estimated cost of the drainage works is $5,000.00 and the parties agree that the works are constructed to their satisfaction as of the date of this agreement. DESCRIPTION OF Tim DRAINAGE WORKS The drainage works consist of a system of underground drainage tile located on the Foerster lands which conduct the water collected fÌ'om those lands to a first catch basin located on the east side of Side Road 30/31 on the Township lands. This catch basin is connected by a drainage tile under the travelled portion of Side Road 30/31 which is connected to a second catch basin located on the Township lands on the west side of Side Road 30/31. The works are then connected to a further underground drainage pipe known as the outlet drain located on the Caldwell lands which convey the water to a proper outlet. The Caldwell lands are drained by a system of underground drainage tile which are lateral drains and connected to the outlet drain. The Foerster lands are up stream and the Caldwell lands are down stream and the drainage system flows ITom east to west. The drainage works are more or less as shown on the sketch attached as a schedule to this agreement. REPAIR AND MAINTENANCE OF THE DRAINAGE WORKS 5.(a) Each of the owners of the lands referred to in this agreement shall be primarily responsible to do such work as is required to maintain that part of the drainage works which are located on their respective lands. (b) The cost ofmaintainil1g the drainage works shall be allocated between the parties as follows: (i) The cost of maintaining all of the drainage works up stream ITom the first catch basin located on the ease side of Side Road #30/31, including that portion of the tile located on the Township lands and on the Foerster lands, shall be paid by Foerster. (ii) The cost of maintaining the lateral lines located on the Caldwell lands and connected to the main outlet drain shall be paid by Caldwell. (iii) The cost of maintaining the tile located under Side Road 30/31 and connecting the first and second catch basin shall be at the expense of the Township. (iv) The cost of maintaining the main outlet tile fÌ'om the second catch ---.Þnain.1o its termination Ï.!!é!ding that portion~~ on the !o~hip . land and the Caldwell land shall be shared equally by the three parties to this agreement. (v) The cost of maintaining the first and second catch basin shall be at the expense of the Township. 1 ·-;1;. -- - . .' ..- -3- REPLACEMENT OF Tim DRAINAGE WORKS 6.(a) It is agreed that in the event it ever becomes necessary to replace the drainage works, the cost of such replacement shall be assessed to each party based on the benefit received by them according to the area of their respective lands drained by the works. (b) For the purpose of such assessment, the lands benefited by the Township shall be deemed to include that portion of the original road allowance between Lots 30 and 31, Concession 12, in the Township of Bruce, County of Bruce extending 100 meters north and south of the existing catch basins referred to in this agreement. INSPECTION AND REPAIRS 7.(a) Each of the parties to this agreement shall have the right to enter onto the lands of the other parties, once every six months, after providing 30 days notice of intention to do so, for the purpose of inspecting the drainage works. (b) If after inspection any party is of the opinion that any portion of the drainage works located on the lands of any other party requires repair or maintenance in order to keep the whole system operating properly, they shall deliver in writing to the owner of the lands on which the repairs are reqnired, a notice outlining the repairs to be completed and the demand that the work be done within 90 days. A copy of this notice shall also be delivered to the other party at the same time. Failure by the owner of the land to complete the work will result in the right of the party delivering the notice to enter onto the land and complete the work. (c) All work done as repairs or maintenance to the drainage works shall be done in a good and workmanlike manner and all parties shall use their best efforts to do such work at the lowest cost possible. (d) Notwithstanding who does or contracts for the work required to maintain or repair the drainage works, the costs of such works shall be paid by the parties as herein agreed. EMERGENCY REPAIRS 8. Emergency repairs to the drainage system may be done by any party, without notice, if necessary to prevent damage ITom flooding to the lands which are the subject of this agreement. WORK ON TOWNSHIP LANDS 9.(a) Notwithstanding the terms of this agreement, no work shall be done on the Township lands by Foerster or Caldwell without first obtaining the consent of the Road Superintendent for the Township of Bruce, or his designate. (b) No work shall be commenced on the Township lands without first providing a plan for approval by the Township of Bruce for the completion of the work in such a Jn8!ID~which will not interfere or otherwÏ!.e ~~ger those using the lands as a public highway. -- PAYMENT OF COSTS 10. The parties agree to pay such costs which they are liable to under the terms of this agreement, to the party incurring the original expenses within 30 days of the receipt of an invoice. Failure to do so shall be considered a default of the terms of this agreement. · ,. ~ " '- ~ -4- DISPUTE RESOLUTION 11.(a) The parties agree that if any dispute arises between them in connection with this agreement which they themselves are not able to resolve, it is their intention that such dispute be first referred to a form of meaningful mediation which the parties shall in good faith pursue and participate in. (b) The parties agree that the mediator for such dispute shall be the Drainage Inspector for the Township of Bruce or such other qualified drainage expert as the parties may agree upon and the costs of such mediation shall be shared equally by all parties. (c) If such dispute can not be resolved after mediation, then upon the consent of all parties, the matter in dispute may be referred to binding arbitration in accordance with the Arbitration Act of Ontario, and failing such consent any party may commence an action for a breach of this agreement in a court of competent jurisdiction. NOTIFICATION 12.(a) Any notification required pursuant to the provisions of this agreement may be made upon any of the parties to this agreement by personal service or by prepaid ordinary mail. Notification by personal service shall be deemed to be received on the day it is delivered and by prepaid ordinary mail on the 7th day after the date it was mailed. (b) Notification on each party if made by mail may be made as follows: (i) On the Township of Bruce, c/o of the Clerk at the address of the municipal office where it is located at the time of such notice. (ii) On Foerster, at the address shown on the latest assessment roll for the Foerster lands. (iii) On Caldwell, at the address shown on the latest assessment roll for the Caldwell lands. BINDING ON PARTIES 13. The parties hereto expressly agree that this agreement upon registration at the Registry Office for the County of Bruce shall be binding upon the heirs, executors, administrators, successors and assigns of each party to the agreement as provided for by the provisions of the Drainage Act (Ontario). SIGNED, SEALED AND DELIVERED in the presence of: ) ) THE CORPORATION OF THE ) TOWNSHIP OF BRUCE ) )Per: ) Reeve -Howard Ribey ) )Per: ) Clerk - Robert Waram r-- ) ) Dorothee Foerster ) ) ) Lynn William Caldwell ) ) ) Marguerite Ann Caldwell We have authority to bind the Corporation. --.-. - - '<Mo. , ~~ 0326208 Transfer/Deed of Land "-1 a...I A ~ L II I........ Mt (t) A .1 , r iii a...ITItIft 0 (2)'" 1 01 (It 1'1 r ., BIodc I'nIperty If WIoI) -... t- A . eV' _lilt =...... 0 z CERTlFIC\TE (' F F.~CI5TRATION SI\UCE (3) :/ALKERTOJl (4) eon.ldu , . ONE HUNDRm AND EIGHT mOUSAND AND NINETY - 16/100 DoIIara $108,090.16 II: -. 0 ConddatIon 0 Lot 31, Coucmloa 12, ToWDSbip of Bruee, CooDty 01 Bruce. ~ '97 APR 25 Prl 3 2~ ....1'nIperty ....1IIIIø ( iA/-/-/ '111 .... . -'0~ 0 E1II11I'" _001: =...... 0 . (8) ..... . II) Ald. J IpIQn DocuIII_ NIw EI..m... ell - ...../8bIaII 0 i blllalll dule far. ! I 111 Ia f\&,.. 0 =- 0 0IIw 0 (1) ~""."rr" Fee SImple {It.. I r _oI)1he......oi ....,.........Iend"'........._...............hI...............,._.,...aId...1I11III ..B are 1IPCIII6II..ø.t....JUUItbe.r........._____..._._..._......_..................... ..................................._......._............_............. ~~......_................_.........._..........................._..............._--_.....__.._...~.......... ...._~..........._......_......_..........................._...._;.......~~'~ ..F.ENNEB...ll1ba..F.I:Rrkk..................................................................._... ..... _. .. . ................................_._._...._.L..Jm...¡.Ø:4.¡..?t... .:F.ENND....D.o.m.tbl..InDc.............._..._._......._.................................._....... .-.~........g~.....l...Jm..JØ:4hL ...................................-..................................-...................-................-....-.-....-.-.-.-.-.-.-...-........-......................-........-....-....·-...·-·......·-·-·-·..·........·t....·..·..·.....·..j....·....¡..·....·.. {II ..1......01..... ~_(I)I....,_"'....hI ~. NIIme(l) (10) ~S AddNa . . , ror IIenIoe Pawle Ootarlo. NOG 2NO (11) .......IJI...... Date of BiIIh JaI: lANDTRANSFERTAXACT ! Y ¡ M ¡ 0 .F.O.wD'&..Q.Qn.tML............._.........................................................lQBD ÐiNGlier.I&" ,. nr..-.-.....-............................f-.J~....¡.Q4.¡..f. ...........-.-.......-................................-.....-.-----....................·-·......--..·::ÆS~~~~~....·......~...-·..........·¡·....·..t·..·..·..· ...............................................................-.-....................................·-....-·---·...-¡8:·12f1)Junder.....I'ct·ReœIpt.,......·:z..~:¡·.;Q.lJ..·..·....................r..·............·,·....·...·........· Date 01 SIgrIIIIure --.lal Y ¡MiD -..·..·......---..·..·..·..·.....·-·-.....·-·....·...·..·-·......·..·..·....·..-..t....·-·..·..·..·..!..-·:·..I-...-·.. ..-...-.............................................................................................--.........----...-- (121 'It-'-{I) ".IJI..... , ror IIenIoe Pawle Ootario. NOG 2NO (tit .......,or...1he ....~ _ tllltto..beIt of the ".........1a1G II "" .... ............__notoon1rllvene _5001.. DIll 0I1IIgnabn Daø of IIIgnabn . Y ,M,D. ~~ ~. Y .M.D ¡ 1m 'AA'~' ¡ 1m ifHi,;U ..J ~=..... ........ ~iiëci oï~·iiiïõiJ.. ~na::ÄDt tÒïïië Ii;;...... "iiiid ïiiM..iiWtè·~oI·Iiè..~·iõ ~ d-.n this "... _ not __IhII_ end buecI on the InfoimaIIan IUpIIIId by" hi........ to .. belt 01 my Imouvl.dge IIIId o btIIeI. frInIIer_nøl!!OI,b-t!IIIlICIIicIII.'-IIII!!II,QI!IIrIoI!Jlcltor~~IIat1ding. _ ___ _ Date of Signature ~ =.,~=~ó=-, =¡lk~ Street, 1IIgnabn~.............................=....:::.............L..t;:"...Lô.4.J.;(... , t .·.Ior. 1"1 .(1) I '-WIlIlg.I. d..... to title lend .... to IIbuItIno lend....... ,.....11....'l1li............ titIe__ _ muIJ!o~ouIln !!!!!!å!!!!~(~~.III..!M~!i!!my.,... 10 fge..................... J DI =:::.';';'h-;:._ ::=af;W...~arliilillëllilnãi~¡;;{.J ....1....... Ontario IIOIIctiIn good ~ Nameend . ~ ùcJl: c~ S4t-.e.J. ~I =:01 ~~.A. ð..M" J/3T SVb SIgnature...... ('&I IT III lint AoI ........ ! a,. ! MIn. ..., i Sub.! ,.,. ! .... "fP..., II" ! 41 ¡ 26 000 ¡ 003 ¡ 15000 ¡ (tIþ .........-.......PrIP.n, (17) ~Pr.P"'1Ir: STEPHEN A. BARKER Barrister &. Solicitor S70 - 10th Street 1IancJver, Ontario N4N IR7 . PILS NO. 61H1 . . a Ie. rC:J/I R.R.I4, PaIsley, Ootario. NOG 2HO ..... - ,.............. 'i , i I I i I 5' q II I , II 'I II :1 i! I ,. 'I I, ': :j " ., d 'I II I, 'I ;\ \ t- Ii II ~ ; ,I I: , I Deed. wl!.bout Dower . '" Form 109 i Newsome and Gibert. Umited. Torvnto lei)1."'" ~his Jjndtnturt j: made in duplicat¡e the second day of one thousand nine hundred and seven ty-nine . Ju 'urllllllUCf Ør t~f j;J¡ørt .J:ønuø Ør (ltØUU'!Iancf. M: ilftWftU October , II .1 ,: I' i! ,1 il I I , I JOHN EDWARD HOWE, of the Township of Bruce, in the County of Bruce, Farmer Hereinafter called the "Gran!:or" OF THE J!'IRST PART nd LYNN WILLIAM CALDifELL, of the Township of Bruce in the County of BJrUce, Farmer and MARGUERITE ANN CALDWELL, his wife, of the same place Hereinafter called the "Grantees" OF THE SECOND PART d WINNIFRED IRENE HOWE. spoüse of the Grantor Hereinafter called , the Party OF THE THIRD PART .' I , 'I I, " i, II :1 Ii I; I I I I II il ! :: !j i . lIit11ls.ørt4 that in conaideration of EIGHTY-FIVE THOUSAND---------------;:- ------------------($85,000.00)------------------------------------7 ~ ¡ 11 ------------------------------------------------------- dollar s of làwful money of Canada now paid by the said grantees to the said grantor (the receipt whereof is hereby by him acknowledged) he the said grantor uoTH ¡! GRANT unto the said granteES in fee simple. ,I ;' ., ¡¡ " I: ¡¡ Ii II I' L :1 ;. ii I: r ,1 Ii II II , " I; ALL and Singular that certain parcel or tract of land and premises, situate, lying and being in the Township of Bruce, in the County of Bruce and being composed of all of Lot 30, Concession 12, in the said ·Township of Bruce containing by admeasurement 100 acres more ()r less. j' ,t - ,..__.-..."~'--~-~~._- -, _.._~._- ¡¡ !; ¡, I!~~'''~-;'; - ___~,_-' ---'.-111" , " ¡. ~ ¡ ¡, 1: _. ;'~ .[f 'II '1'- ·-..~I·~,-~l , \:>ì , ¡, j >,., > : J \'\ ,~ . '- -' \ \ -} ~, ,(",,1'.,. /il. '-, -"-" "-"-'-.. "t'".;, '" .\ ~'!'- ".--../. ""'¡ . .) \ .}. ", ./ ....... '\ .' \ ',;. \'1Í. ~~I' ';U,\:. . ...~ 'oJ' '. ' \ ..' r! 0 I.. .~. ( , '. "~",., (\ (I'\..'~: .~, '¡-'--L¡.. )',~:.)_ \" " , . ,;. . "0 I , ",,-,,' L~'i_ \ '~. t>J, - '"7~. C"-'r~. ¡/~. (/... ·...c:-.- '. '1._\/ r: I ", r::!- 1 . .. , I., J / f /'" ... ('¡ . '._ . .' '<,./, II ~J\.---'-'.. . . ), ·'1 ( " .... '. ,_.",Y ~ \1,(.. ... _"',:, " ' :' I'¡ _ '~~ '\1,<'1. . ',' \ ,.;)"~ (,. . ''-i'V... - (\, ,i"7:Ar.£ /:1.0000 r ,..J 'J ¡ " 'J --''-''__,.--1,\ ,- "", '-. .- >~, ..... ) '" o ':'*' .a.t~~· .:~"'" . '..f ,/ .............. '^ " / ,-~ , , , !( l~ ¡·l- It , ,'f; r ,,- ·~·'l i " f. -', ¡ t. I , ,. -.' I ,," < ..··t -' ì ~~ / , .. I.j //"