HomeMy WebLinkAbout18 139 Bonnefield Drain Agreement (2018) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
/,Y,ALITYOF KINCO
BY-LAW
NO. 2018 - 139
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT FOR DRAINAGE WORKS
(Bonnefield 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, 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 Bonnefield Farmland Ontario IV Inc. desired an outlet for tile
drainage system for Lots 23 and 24, Concession 12 and Lots 22 and 23 Concession
13 which will affect a portion of Municipal property known as Concession Road 12;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Bonnefield Farmland Ontario IV
Inc., for the above noted drainage works;
• NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into the
Bonnefield Drain Agreement with Bonnefield Farmland Ontario IV Inc.,
attached hereto as Schedule "A".
2. That the Director of Public Works be authorized and directed to execute, on
behalf of The Corporation of the Municipality of Kincardine, the Bonnefield
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 "Bonnefield Drain Agreement (2018) By-
law".
READ a FIRST and SECOND TIME this 12th day of December, 2018.
110
READ a THIRD TIME and FINALLY PASSED this 12th day of December, 2018.
c>1171,Y1 -2
(ECT-61 )
Mayor Clerk
This is Schedule "LI_" to By-Law
No0'''"tN passed the 12- day
of 1Dece-mber 20 t$
Agreement Drain — Bonnefield Drain
Date of AGREEMENT made in duplicate this day of November, 2018.
Agreement
BETWEEN: Bonnefield Farmland Ontario IV Inc.,Lot 23, Concession 12,
hereinafter called the Party of the First Part
and
Bonnefield Farmland Ontario IV Inc.,Lot 24, Concession 12,
hereinafter called the Party of the Second Part
and
Bonnefield Farmland Ontario IV Inc.,Lot 22, Concession 13,
hereinafter called the Party of the Third Part
and
Bonnefield Farmland Ontario IV Inc.,Lot 23, Concession 13,
hereinafter called the Party of the Fourth Part
and
The Municipality of Kincardine (Part of Concession Road 12) in the Geographic
Township of Bruce, hereinafter called the Party of the Fifth 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, Second,Third and Fourth desired an outlet
RSO, 1990 for a tile drainage system for Lots 23 and 24, Concession 12 and Lots 22 and 23
Concession 13
WHEREAS it was necessary to construct the outlet on the property of the Party of
the First,Third and Fifth Part. All Parties do hereby agree that the work 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: 260 003 14000 0000, Lot 23, Concession 12, Township of Bruce in the
County of Bruce, being the property of the Party of the First Part
and
Roll Number: 260 003 14100 0000, Lot 24, Concession 12, Township of Bruce in the
County of Bruce, being the property of the Party of the Second Part
and
Roll Number: 260 003 19300 0000, Lot 22, Concession 13, Township of Bruce in the
County of Bruce, being the property of the Party of the Third Part
and
Roll Number: 260 003 19400 0000, Lot 23, Concession 13,Township of Bruce in the
County of Bruce being the property of the Party of the Fourth Part
and
Concession Road 12 being the party of the Fifth Part.
Description of The downstream end of the drainage works will outlet at the northwest corner of Lot
Drainage Works 22, Concession 13 into a natural watercourse. The drain will consist of approximately
5100 feet of drainage tile consisting of 1100 feet of 24 inch (CDT) Concrete Drainage
Tile, 1600 feet of 15 inch (PDT) Plastic Drainage Tile, 900 feet of 12 inch PDT, 100
feet of 12 inch (SDR17:100PS1:12.36LB/FT11.25010:0750 WALL) by boring method,
1320 feet of 6 inch PDT.
From the outlet the drain will be located in a south and southwest direction across
Lot 22, Concession 13 to a catch basin near Lot line 21/22 Conc 13, then a south
direction across Lot 22, Concession 13 to the southeast corner of Lot 22, Conc 13,
The drain will then cross the Concession Road 12 into Lot 23, Concession 12 to a
catch basin. Then the drain will be located in a southeast direction parallel to and
south of the south boundary of the Concession Road 12 to Lot line 23/24,
Concession 12. (Map attached)
Construction Construction of the drain will take place in November, 2018.
Maintenance All parties shall have access to the drain for maintenance.
All parties shall have access to the drain for outlet.
Future maintenance can be determined to be required by any two parties or by the
Municipality's representative.
Any future maintenance shall be paid as stated under Costs.
Any work on the road must not be started without proper permits and approvals from
the Municipality.
Costs The entire cost of the construction of the drain and future maintenance shall be paid
in the following proportions:
40% Party of the First Part
25% Party of the Second Part
20% Party of the Third Part
15% Party of the Fourth Part
This agreement herein contained when executed by the Party hereto, shall be
registered in the proper Registry Office and any costs shall be borne by Party of the
First Part, Second Part,Third Part and Fourth 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 Party hereto have hereunto set their hands this \e. day of
r . r e,-;2018.
Party of the First Part:
Witness:
Party of the Second Part:
Witness: _ _ _ . -
Party of the Third Part:
Witness:�� C
Party of the Fourth Part:
Witness:
Party of the Fifth Part:
Witness: Cpm