HomeMy WebLinkAbout19 121 9 Stoney Island Crescent Drain Agreement (2019) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2019 - 121
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A MUTUAL AGREEMENT FOR DRAINAGE WORKS
(9 Stoney Island Crescent 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
1111 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 the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a mutual agreement for the 9 Stoney Island
Crescent Drain per Report Planning 2019-69;
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 a mutual
S agreement for 9 Stoney Island Crescent Drain with Bryan Scott Derksen,
Claudia Derksen and Bruce Avard Cohoon, attached hereto as Schedule
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 9 Stoney Island Crescent Drain, attached hereto as Schedule "A" and
forming part of this By-law as well as any other documentation required.
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 "9 Stoney Island Crescent Drain Agreement
(2019) By-law".
READ a FIRST and SECOND TIME this 7th day of October, 2019.
READ a THIRD TIME and FINALLY PASSED this 7th day of October, 2019.
Mayor Clerk
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NoCC-�atpassed the day
of ber 201°(
Drain Agreement—9 Stoney Island Crescent Drain
made pursuant to Drainage Act, R.S.O. 1990, c.D.17
This AGREEMENT made this -7 day of C 4Ob( , 2019.
BETWEEN:
Bryan Scott Derksen and Claudia Derksen,
hereinafter referred to Party of the First Part
and
Bruce Avard Cohoon
hereinafter called the Party of the Second Part
and
The Corporation of the Municipality of Kincardine
hereinafter called the Party of the Third Part
(and collectively referred to as"the Parties")
Reference to Drainage Act, RSO,1990
This agreement is made under the authority of Section 2 of The Drainage Act, RSO,
1990
WHEREAS the Party of the First desired an outlet for a tile drainage system for PT
LT 9 PL 3M157, PT 1 3R8965 and PT PARK LT A PORT HEAD KINCARDINE, PTS
4, 5, 6, 7&9 3R3223, EXCEPT PT 2 3R9012; S/T&TAN R175779; S/T EASEMENT
IN GROSS OVER PTS 4&6 3R3223 AS IN BR2452; ; SUBJECT TO AN
EASEMENT OVER PTS 6 &9 3R3223 IN FAVOUR OF PT 2 3R9012 AS IN
BR35075 and SHORE RDAL KINCARDINE BTN RDAL BTN LOT 50&51 CON A&
RDAL BTN LOT 30 7 31 CON A
and
WHEREAS it was necessary to construct the outlet on the property of the Party of
the Third, Part. All Parties do hereby agree that the work constructed,will be repaired
and will be maintained according to the following conditions:
Legal Description of Lands
The properties affected by this Drainage Agreement are described as follows:
Roll Number: 4108-210-004-28330, PT LT 9 PL 3M157, PT 1 3R8965 Municipality of
Kincardine, (PIN 33293-0765(LT)) being the property of the Party of the First Part
and
Roll Number: 4108-210-004-23900, PT PARK LTA PORT HEAD KINCARDINE,
PTS 4, 5,6, 7&9 3R3223, EXCEPT PT 2 3R9012; S/T&TAN R175779; S/T
EASEMENT IN GROSS OVER PTS 4&6 3R3223 AS IN BR2452; ; SUBJECT TO
AN EASEMENT OVER PTS 6 &9 3R3223 IN FAVOUR OF PT 2 3R9012 AS IN
BR35075; Municipality of Kincardine, (PIN 33293-0767(LT))being the property of
the Party of the Second Part
and
SHORE RDAL KINCARDINE BTN RDAL BTN LOT 50&51 CON A&RDAL BTN
LOT 30 7 31 CON A; Kincardine(PIN 33293-0641 (LT))being the property of the
Party of the Third Part
Description of Drainage Works
The downstream end of the drainage works will outlet at the west of adjacent
property line of Second Part onto Third Part with a rodent grate and rip-rap
Page 2
Drain Agreement—9 Stoney Island Crescent Drain
Nominal 250mm diameter c/w geotextile. The drain will consist of approximately 72m
of drainage tile consisting of 200mm diameter HDPE STMCD17.3%directionally
drilled.
The drain will start at the Catch Basin 2 close to west property line of First Part run
west 72 metres across Second Part(including Harvey Lane)continue west onto the
Third Part property for the outlet. Inv 178.78. See Schedule'A'to this agreement.
Construction
Construction of the drain will be completed by October 2019.
Apportionment of Costs
The entire cost of the construction of the drain and future maintenance shall be paid
in the following proportions:
100%Party of the First Part
0% Party of the Second Part
0%Party of the Third Part
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 must not be started without proper permits and approvals from the
Municipality.
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.
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.
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Witness Bryan Der
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Hess Claudia Derksen
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Witness Bruce Cohoon
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: _
n e Ea•'., Mayor
Pe
Sharon Chambers, CAO
We have authority to bind the
Corporation.
Page 3
Drain Agreement—9 Stoney Island Crescent Drain
SCHEDULE A
The"Approved Drainage Plan"shall be submitted by the Owner and marked as the
"Approved Drainage Plan", signed by the Municipality's Chief Administrative Officer.
This"Approved Drainage Plan"shall be filed with the Municipality.
Proposed Storm Drain Part of Lot 9 Reg'd Plan No.3M-157 Part 1, Plan 3R-8965
Geographic Township of Kincardine, Municipality of Kincardine—Cobide Engineering
Inc.—October 1, 2019