HomeMy WebLinkAboutBRU 93 024 agree mutual drain
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-24
.
BEING A BY-LAW authorizing the Corporation of the Township of Bruce
to enter into a mutual drainage agreement.
WHEREAS the Drainage Act, R.S.O., 1990, Chapter D.1?, Section 2
authorizes two or more owners of land to enter into a mutual
drainage agreement.
AND WHEREAS the Township of Bruce and other parties are desirous of
entering into such agreement to provide for the maintenance and
operation of an existing drainage system.
NOW THEREFORE be it enacted and it is hereby enacted by the Council
of the Township of Bruce as follows:
1. That the mutual drainage agreement dated August 26, 1993, a
copy of which is attached as a schedule and forms an integral
part of this by-law, is hereby authorized and approved by the
Council of the Township of Bruce.
2. That the Reeve and Cl erk of the Township of Bruce are
authorized to execute the agreement on behalf of the Township
and to affix the corporate seal as and when required.
3. That the Clerk, Drainage Superintendent and other employees of
the Township of Bruce are hereby authorized to perform the
duties and make the decisions as required by the terms of the
agreement.
By-law introduced and read a First time this NINTH day of NOVEMBER,
1993.
By-law read a Second time this NINTH day of NOVEMBER, 1993.
By-law read a Third time and finally passed, signed, sealed, and
numbered 93-24 this NINTH day of NOVEMBER, 1993.
~-
CLERK
REEVE
--SE~r..
-
-- .
~.- -
~ ;> ~
;
v
~l
.
,.
This Agreement made this 26th day of August, 1993.
BET WEE N:
JOHN ROPPEL
- and -
KENNETH GEORGE ROPPEL
- and -
RONALD S. BRUCE & DOROTHY C. BRUCE
- and -
THOMAS ROPPEL
- and -
MERYLE KEITH SCHNITTKER
- and -
JAMES ALAN KEMP
- and -
BRUCE ENERGY CENTRE HOLDINGS (1991) LTD.
- and -
UNDERWOOD FARMS (1981) LIMITED
- and -
CANADIAN AGRA CORPORATION
- and -
THE CORPORATION OF THE TOWNSHIP OF BRUCE
WHEREAS the parties hereto are the owners of the lands
described in Schedule "A" to this agreement.
AND WHEREAS there is a drainage ditch located on the
said lands which drains the lands for the benefit of all of the
owners.
AND WHEREAS the said drainage ditch requires
maintenance and cleaning.
AND WHEREAS the parties desire to enter into a mutual
agreement for the purpose of providing a method of sharing the
costs of cleaning and maintaining the said drainage ditch.
NOW THEREFORE the parties hereto agree as follows:
DRAINAGE ACT
1. It is agreed that this agreement shall be considered a
mutual agreement Re: Drainage Works as referred to in Section 2
of the Drainage Act, R.S.O. 1990, Chapter D.1?
DESCRIPTION OF LAND
2. The lands effected by this agreement are those lands
owned by the parties as described in Schedule "A" to this
agreement.
,
,
. .
- 2 -
ESTIMATED COST
3. The estimated cost of drainage work to be completed,
including all miscellaneous expenses, is $8,000.00 and is
estimated as follows:
Clean-out
$5,000.00
$1,200.00
$750.00
$250.00
$800.00
$8,000.00
Culvert
Crop damage
Fence repair
Legal costs
TOTAL ESTIMATED COST
DESCRIPTION OF DRAINAGE WORKS
4. The drainage work to be done pursuant to this agreement
is to be limited to the clean-out of the existing drainage ditch
located on the lands described in Schedule "A" and shall consist
of mechanical cleaning of the bottom of the ditch to its original
grade, without disturbing the banks, and the distribution of the
cleaned out material along the top of the existing bank of the
drainage ditch.
COST ALLOCATION
5. (a)
is to be
shown in
The proportion of the cost of the drainage works
borne by each of the owners of the lands shall be
Schedule "B" attached to this agreement.
that
as
(b) The parties acknowledge that the final costs shown on
Schedule "B" are estimated and they agree to pay their share of
the actual cost when determined in the same percentages as shown
on Schedule "B".
(c) (i)
Holdings
Canadian
purposes
shall be
It is acknowledged and agreed that Bruce Energy Centre
(1991) Ltd. and Underwood Farms (1981) Limited and
Agra Corporation are all related Corporations and for
of this agreement shall be considered one owner and
assessed the costs allocated "Canadian Agra" on Schedule
IIBtl.
(H)
by Ronald
under Ron
It is also acknowledged and agreed that the lands owned
S. Bruce and Dorothy C. Bruce are the lands assessed
Bruce in Schedule B.
EFFECTIVE DATE
6. It is agreed that the effective date of this agreement
shall be the date of the final passage of the by-law by the
council of the Township of Bruce authorizing the execution of
this agreement.
REGISTRATION
7.(a) The parties hereto acknowledge and agree that this
agreement shall be registered against the lands of the individual
owners, as described in Schedule "A" to this agreement and
further acknowledge that upon registration, the agreement shall
be binding upon the heirs, executors, administrators, successors
and assigns of each party to the agreement as provided for by
Section 2(3) of the said Drainage Act.
· .
- 3 -
(b) It is acknowledged that this agreement will not be
registered against the road allowance owned by the Township of
Bruce, referred to in Schedule "B" to this agreement.
ACCESS
8. The parties hereto, grant free and uninterrupted access
to their lands as described on Schedule "A" to those workmen,
contractors or agents as may be required from time to time for
the purpose of constructing, improving and maintaining the
drainage works.
ADJACENT LANDS
9. (a)
operate
natural
The parties acknowledge that the drainage works will
better and longer if the adjacent lands are left in a
state.
(b) The parties agree that they will not cultivate the
lands within a reasonable distance of the drainage ditch and will
use their best efforts to leave at least a 3 foot strip of land
on either side of the land in a natural state.
CONNECTIONS BY PARTIES
10. (a)
construct
works.
It is agreed that each party is responsible to
and maintain their own connection to the drainage
(b) Such connections shall be constructed in a good and
workmanlike manner so as not to interfere with the natural
drainage through the system or to cause damage to the system.
FURTHER COSTS
11. The parties agree that any further costs of maintaining
the drainage system as may be required to keep it properly
functioning or as may be imposed by legislation shall be shared
by the parties in the same rate as set forth in Schedule "B".
EXTENSION OF LANDS SERVICED BY DRAIN
12.(a) It is agreed that if any lands in addition to those
described in Schedule "B" are drained into the drainage system,
Schedule "B" shall be revised to include such additional lands
in the total area of lands drained and the cost sharing
percentage shal¡ be recalculated based on the new total area of
lands to be drained.
(b) It is agreed that such revisions to the cost sharing
formula shall be sent by the Clerk of the Township of Bruce, to
the parties, by ordinary mail and will be binding on them
without the necessity of revising and re-executing a further
agreement.
(c) It is acknowledged that, of the lands described
eighthly in Schedule A and owned by James Alan Kemp, only Lot 14,
Concession 6 (100 acres) is currently assessed in Schedule B.
James Alan Kemp agrees that his share of the legal costs incurred
in the preparation and registration of this agreement shall be
based on the total number of acres (150 acres) referred to in
Schedule A.
ADDITION OF NEW PARTIES
13. The parties agree that no new parties may be added to
this agreement without the consent of the majority of the
parties.
·1
- 4 -
FUTURE WORK
14.(a) It is agreed that any future construction, improvement
and maintenance of the drainage system may be requested by any
party by delivering notice in writing to the Clerk of the
Township of Bruce.
(b) Upon receiving such request the Clerk shall notify all
parties in writing and shall determine if they are in favour of
the requested work.
(c)(i) The parties hereto agree that any future maintenance
work to the existing drainage system may be undertaken if a
majority of the parties to this agreement, consent in writing to
such work and it is agreed that such work once approved shall be
done and the cost shall be allocated to all parties in the
proportion agreed in Schedule "B" as amended.
(ii) For the purpose of this agreement, maintenance of the
existing drainage system shall consist of the cleaning out of the
drainage course, between the existing banks and to the level of
the original grade of the bottom of the ditch as of the date of
this agreement.
(iii) It is further agreed that such maintenance may require
the replacement of existing culverts and it is recognized that
such replacement culverts may vary in specification from the
existing culvert. The parties agree that in the event existing
culverts are changed as part of the future drainage maintenance
the specifications of such replacement culverts shall be
determined in the absolute discretion of the Bruce Township
drainage superintendent after giving consideration to all factors
effecting such culverts at the time of replacement. The parties
further agree that in the event of the need to replace existing
culverts that consideration be given to replacing existing
concrete culverts with corrugated steel culverts.
(d) It is agreed that any future work which is beyond the
existing state of the drain which might include varying the
depth, width or course of the drain or cause the installation of
additional culverts, shall require unanimous consent of all
parties before such work shall be undertaken.
ADMINISTRATION OF AGREEMENT
IS.(a) The parties hereto agree that this agreement shall be
administered by the Corporation of the Township of Bruce and all
parties hereby appoint the Township of Bruce as their agent for
such purposes.
(b) It is further agreed that such administrative functions
shall be at the absolute discretion of the Township and without
interference from the parties.
(c) The Township of Bruce may charge reasonable costs of
administering this agreement which shall be paid by the parties
in the same proportions as agreed in Schedule "B". .
(d) Without limiting the generality of the foregoing the
administrative functions which may be performed by the Township
of Bruce are as follows:
(ii)
Receiving, reviewing and processing requests for future
drain maintenance by the parties.
Revising Schedule "B" from time to time as required by
the terms of this agreement.
(i)
- s -
(Hi)
Obtaining estimates for the cost of proposed drainage
work.
(iv)
Engaging the services of contractors to perform
necessary drainage work.
(v) Collecting the costs of drainage work and all other
costs from the parties including commencing legal
action.
(vi) Such other administrative functions as may be
reasonably necessary to perform the terms of this
agreement.
PAYMENT OF COSTS
16.(a) The parties hereto covenant and agree to pay their
share of all costs required to perform the terms of this
agreement.
(b) Such costs shall be determined by the Clerk of the
Township in accordance with Schedule "B" as amended and will be
billed tb the parties by written invoice.
(c) The parties covenant and agree to pay such costs within
30 days of the date of receipt of such invoice from the Clerk.
(d) Interest on overdue invoices may be added at the rate
then in effect in the Township of Bruce for arrears of real
property taxes.
(e) The parties hereto agree that any monies due by anyone
of them pursuant to the terms of this agreement may be collected
by commencing an action in a court of competent jurisdiction and
for the purposes of such action the parties appoint the
Corporation of the Township of Bruce as their agent with full
authority to commence such action in its name, the full costs of
such action, save and except as awarded by the courts, are to be
considered as administrative costs and to be shared by all
parties as provided in Schedule "B".
CONTRIBUTION AND INDEMNITY
17. The parties hereto agree to fully indemnify the
Corporation of the Township of Bruce from any and all costs,
claims, damages and actions which might be brought against the
Township as a result of its administration of this agreement and
further agrees that they will indemnify the Township from any and
all outstanding costs previously incurred by the Township,
including unpaid expenses due and owing from anyone of the
parties to this agreement.
ARBITRATION
18.(a) The parties hereby agree that any disputes or
disagreements which may arise over the interpretation or
performance of the provisions of this agreement shall be referred
to the Drainage Superintendent of the Township of Bruce, in
office at the time of such dispute and it is agreed that his
decision shall be final and binding on the parties.
(b) It is agreed that the said Drainage Superintendent
shall determine the procedure for such arbitration and all
parties shall be bound by his decision in procedural matters.
(c) Each party shall pay their own costs of attending and
participating in such arbitration and the cost of the arbitrator,
- 6 -
if any, shall be paid by all parties in accordance with the
formula established by Schedule "B".
DISSOLUTION AND WITHDRAWAL
19.(a) No party shall be able to withdraw from the obligations
created by this agreement without written consent of the majority
of the parties.
(b) In the event any party is allowed to withdraw, they
shall no longer be liable to any of the terms and conditions of
this agreement.
(c) This agreement may be dissolved by all of the parties
in which event no one will have any further obligations pursuant
to the terms and conditions of this agreement.
(d) In the event any party is allowed to withdraw or the
agreement is dissolved it is agreed by all parties that a quit
claim deed may be given to such party from the Corporation of the
Township of Bruce which when registered will serve as a release
from all parties and will remove the agreement from the title of
the effected party.
VOTING
20. When the terms of this agreement require the consent of
the majority of the parties it is agreed that the following rules
will apply when determining such majority:
(i) There shall only be one vote for each land owner
referred to in Schedule B, regardless of how much land they own
or if such land is registered in different names.
(ii) If any of the land described in Schedule A is sold to a
person who is not an original party to this agreement, such new
owner shall be entitled to one vote and the number of total votes
required to determine the majority shall increase.
(iii) If any of the land described in Schedule A is sold to a
person who is an original party to this agreement, such person
will not acquire an additional vote and the number of total votes
required to determine the majority shall decrease.
(iv) In the event the vote is tied, it is agreed that such
vote shall be broken by tossing a coin, the results of such toss
to be called by the Township of Bruce Drainage Superintendent and
if such results are as called, the majority shall be deemed to be
in consent of the issue under consideration.
Authorized
passed the
by By-law 93-
day of
,1993
THE CORPORATION OF THE
BRUCE
)
)
)
)
)
) Per
)
)
)
)
)
)
)
Andrews
Per:
Clerk
- Robert Waram
, .
.' .
.
I have authority to bind
the Corporation.
I have authority to bind
the Corporation.
I have authority to bind
the Corporation.
- 7 -
) BRUCE ENERGY CENTRE HOLDINGS
) (1991) LTD.
)
)
)Per:
) Helmut J. Siebert
) President
)
) UNDERWOOD FARMS (1981) LIMITED
)
)
)per:
) Helmut J. Siebert
) President
)
) CANADIAN AGRA CORPORATION
)
)
)per:
) Helmut J. Siebert
) president
)
)
)
)
) John Roppel
)
)
)
) Kenneth George Roppel
)
)
)
) Ronald S. Bruce
)
)
)
) Dorothy C. Bruce
)
)
)
) Thomas Roppel
)
)
)
) Meryle Keith Schnittker
)
)
)
) James Alan Kemp
!t! Province
of
Ontario
$ch~dule
Fonn 5 -..- R,,-"Relonn ÁcI, 1984
s
Page
AJlllIonaI ,'......., .........(.) _,. oaw I-....Ian
SCBEDULB "A"
LBGAL DESCRIPTION
In the Township of Bruce, in the County of Bruce and
being
FIRSTLY: (Lands owned by John Roppel)
Lot 11, Concession 5, in the Township of Bruce, in the
County of Bruce, save and except Parts 1 & 2, on Reference
Plan 3R-992.
SECONDLY: (Lands owned by Kenneth George Roppel)
Lot 13, Concession 5, of the said Township of Brant,
County of Bruce, save and except Parts 5 and 6 on Reference
Plan 3R-992.
THIRDLY: (Lands owned by Kenneth Roppel)
Lot 12, Concession 5, in the Township of Bruce, in the
County of Bruce, save and except for Parts 3 and 4 on
Reference Plan 3R-9~2.
FOURTHLY: (Lands owned by Ronald S. Bruce)
Lot 14, Concession 5, in the said Township of Bruce,
County of Bruce, save and except thereout Parts 7 and 8 as
shown on Reference Plan 3R-992.
FIFTHLY: (Lands owned by Ronald Stewart Bruce and Dorothy
Caroline Bruce)
Township of Bruce, County of Bruce being composed of
the West half of Lot 15, in the 5th Concession of the said
Township of Bruce, save and except Parts 9 & 10, on
Reference Plan 3R-992.
SIXTHLY: (Lands owned by Thomas Roppel)
East half of Lot 15, Concession 5, in the Township of
Bruce, County of Bruce, save and except Parts 11 and 12, on
Reference Plan 3R-992.
SEVENTHLY: (Lands owned by Meryle Keith Schnittker)
Township of Bruce, County of Bruce and being composed
of Lot 16, in the 5th Concession of the said Township, save
and except Parts 25, 26, 27, and 28 on Reference Plan 3R-
1002.
EIGHTHLY: (Lands owned by James Alan Kemp)
In the Township of Bruce, in the County of Bruce and
being of the West half of Lot 13, in the 6th Concession,
containing 50 acres more or less and Lot 14, in the 6th
Concession of the said Township of Bruce.
.
w
Q~
It~
o~
~"
ewsome and GUbert.
orm LF1335 H/BS)
AtwfI. 1~"!;
~ Province
01
Ontario
. Schtdule
s
F_ 5 - Lend RILl I,""" ReI<Ñm Act, 1884
""Jill .... p~ 1......./.) _or 0IIIIr I"""" .U~n
"-
r!~
I!:~
Ow
a:",
It:;)
_.£i~....QUber.t,...
NINETHLY: (Lands owned by Bruce Energy Centre Holdings
(1991) Ltd.)
Lot 16, Concession 6, Township of Bruce, save and
except Part 11 on Reference Plan 3R-1792 conveyed to The
Corporation of the Township of Bruce for road widening
purposes.
TENTHLY: (Lands owned by Underwood Farms (1981) Limited)
In the Township of Bruce, in the County of Bruce and
being composed of the easterly half of Lot 13, Concession 6,
in the said Township of Bruce.
ELEVENTHLY: (Lands owned by Canadian Agra Corporation)
Lot 1S, Concession 6, Township of Bruce, County of
Bruce.
1:0
An"! 19R5
... , !-
SCBDULB -B-,
'l'IO !'lIB IID'rUAL DRADI AGII-. - RB: JOBR ROPPBL, B'l' AL
COIW ,aT.Tnranoø
- PROPBRft PROPBRft AGRBB , OF '1'O'l'AL , of $8.000
2Ot'AL aIOD....ÇR ACIIBAGB DRAI1IBD AIID
'l'IO BB , OF COS'r 'l'IO
DØAJ:RBI) BB PAID
John IIDppe1 L11 C 5 100 20 2.688 $ 215.04
KenllDppe1 L 12 C 5 100 60 8.064 $ 645.12
L 13 C 5 100 85 11.425 $ 914.00
IIDn Bruce L 14 C 5 100 80 10.753 $ 860.24
11 1/2 L 15 C 5 50 30 4.032 $ 322.56
'fC* Koppel B 1/2 L 15 C 5 50 30 4.032 $ 322.56
Mery1e Schnit:tlter L 16 C 5 100 80 10.753 $ 860.24
'I'ovnsbip Road 9 9 1.210 $ 96.80
Canadian Agra B 1/2 L 13. 15 5 16 250 250 33.602 $2.688.16
C 6
Al Kemp L 14 C 6 100 100 13.441 $1.075.28
'1'O'l'AL
744
100.000
$8,000.00
r- Schedule" R" -~
"I'hIe ',¡ .s chedule .. l'," eo
By-Jaw ,'-10. "1='-,;)4_ possed
t;his . Cn
1S~,
Reeve
a..k
..r".,.
'"t
~
~ Province
of
'.". Ontario
Document General
Form 4 - Land R........1Ion Reform Act, 1984
o
~
z
o
w
~
~
¡¡:
II,.
o
~
Nur.¡ber
C¡¡¡.:mF1CArE õi~ REGlrffRÁThJrr
L.~.. . ., , '.
~j" ~":19'- .
. ,.t\,:~,,?, :'.1 An? <fl'
tõUCE ~~ç , .~
NO,3 ~ ~""'--
WAJ.íŒi:OTJN (.l!~1 fi9g:stråö
299562
(1) RegIIIry ~
(3) property
lde..lller(s)
Land Titles D T (2) Page 1 of 12 pages cfPt(¡' )
Block Property
..
Additional:
~hedUIe 0
(4) N..... 01 Document
By-law 93-24 and Mutual Drain Agreement
(5) _0MIder8II0n
ONE------------------------.DoIlars $1.00
(6) Deecrfpllon
In the Township of Bruce, in the County of
Bruce more particularly described in schedule
attached as pages 10 & 11.
New Property Identifiers
Additional:
~hEWle 0
Executkm8
Additional:
See
SChedule
[J
(7) nil
Document
ConIaIns:
(8) Redescription
New Easement
PlanlSketch
! (b) Schedule for:
I Additional
D! Description KJ Parties 0 Other IKJ
;
(8) ThIs Document provides _ folio..:
Mutual Drainage Agreement as authorized by the Drainage Act, R.S.O. 1990,
Chapter D.17.
( (I) nil DøcumenI rete.. 10 InlIrumenI number(s)
(10) ParIy(les) (Set out Status or Interest)
Name(s)
Continued on Schedule D
1
Slgnature(S)
.
Date of signature
Y M D
, .'1:ij~, ç.Q~Q~,~J;Q~. P.~ . ~~~. .~Q~ßRJ;~ .9F. . . . .
. . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . .
, :
i i
. . . . . i . . ·r . .
~~9·~ I~J~~
. . . . . I . . '1' . .
I '
; !
. .ÐQUCE, .Ð~ . ;r:rÄ . $O¡'.I.~I; '¡'OR .q~Q~ß~. . ç, . . . . . .. ............',.,...,...............
MAGWQQD . Jf":µ~--x; 2 ~... - ... .,.J
· . ....................................~ j¡<=---;;; ~
(11) AddreIs
for SenIo8
R.R. #3, Tiverton, Ontario NOG 2TO
(12) P8r1f(.) (Set out status or Interest)
Name(a)
Slgnature(s)
Date of signature
Y M D
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
, "
i r I
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . I . . .¡. . .
I ' ,
, 'I
· . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . .l . . . . . i . . .j. . .
¡ i I
. . I
, I'
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ¡. . . . . .,1 . . .¡. . .
, ,
I I
, ,
I I
· . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ... . .
· . . . . . . . . . . . Ii . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .
(13)Addre88
for SenIoe
(14) IIunIcfp8t·AddnIes 01 Properly
Not assigned
(15) Document Prepared by:
George C. Magwood
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walker ton , Ontario
NOG 2VO
I~I
...I
~ Registration Fee
w
~
w
o
¡¡:
II..
o
a::
It Total
~,,______,..J .JL __,...,.._.., '..m...
Fees and Tax
~.....n· (") (")
"
.:)"0 ' () C)
.-- ... "."."'.' .."....."'.~"._..~_.