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Home My WebLink About20 058 MacGillivray Drain Agreement (2020) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2020 - 058 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR DRAINAGE WORKS (MacGillivray 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 municipalityÓs 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 Rodney Wayne McGillivray & Sandra Lynne Keith MacGillivray desired an outlet for tile drainage system for Lot 16, Concession 11 which will affect a portion of Municipal property known as Sideroad 15; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Rodney Wayne McGillivray & Sandra Lynne Keith MacGillivray, Terrance Sanderson Tuck & Janet Elaine Tuck and Dean Richard Ribey & Candace Eleanor Swindell-Ribey for the above noted drainage works; NOW THEREFORE the Council ofThe Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into the MacGillivray Drain Agreement with Rodney Wayne McGillivray & Sandra Lynne Keith MacGillivray, Terrance Sanderson Tuck & Janet Elaine Tuck and Dean Richard Ribey & Candace Eleanor Swindell-Ribey, attached hereto as Schedule ÐAÑ. 2. That the Director of Public Worksbe authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the MacGillivray Drain Agreement, attached hereto as Schedule ÐAÑ and forming part of this By-law. 3. That this By-law shall come into full force and effect upon its final passage. Page 2 of 2 MacGillivray Drain Agreement (2020) By-law By-law No. 2020 - 058 4. This By-law may be cited as the ÐMacGillivray Drain Agreement (2020) By- lawÑ. th READ a FIRST and SECOND TIME this 6 day of April, 2020. th READ a THIRD TIME and FINALLY PASSED this 6 day of April, 2020. Jennifer Lawrie AnneEadie Signed with ConsignO Cloud (2020/04/17) Signed with ConsignO Cloud (2020/04/16) Verify with ConsignO or Adobe Reader. Verify with ConsignO or Adobe Reader. Mayor Deputy Clerk ware .- A -tom► o - $ IIdlbs—ha Agreement Drain — MacGillivray Drain Date of AGREEMENT made in duplicate this a day of AU(SSI' , 2020. Agreement BETWEEN: Rodney Wayne McGillivray &Sandra Lynne Keith MacGillivray hereinafter called the "Party of the First Part" and The Corporation of the Municipality of Kincardine hereinafter called the"Party of the Second Part" and Terrance Sanderson Tuck&Janet Elaine Tuck hereinafter called the"Party of the Third Part" and Dean Richard Ribey &Candace Eleanor Swindell-Ribey hereinafter called the"Party of the Fourth Part" Reference to This agreement is made under the authority of Section 2 of Drainage Act, R.S.O. Drainage Act, 1990, Chapter D.17. RSO, 1990 WHEREAS the Party of the First Part desired an outlet for a tile drainage system for Lot 16, Concession 11. WHEREAS it was necessary to construct the outlet on the property of the Party of the Second Part and Third Part and to use the existing PDT on the property of the Party of the Fourth Part. AND WHEREAS all Parties herein do hereby agree that the work constructed will be repaired and will be maintained according to the following conditions: The properties affected by this Drainage Agreement are described as follows: Legal a) Roll Number: 410 826 00030 8000 - LT 16 CON 11 BRUCE EXCEPT PT 1, Description of 3R4493 & PT 1, 3R7441; SUBJECT TO AN EASEMENT IN GROSS OVER Lands PTS 1, 2, 3 &4 3R9054 AS IN BR40855; MUNICIPALITY OF KINCARDINE; being all of PIN 33278-0061(LT), being the property of the Party of the First Part and b) BTN LT 15 AND 16 CON 11 BRUCE; RDAL BTN LT 15 AND 16 CON 12 BRUCE; KINCARDINE; being part of PIN 33278-0070(LT), being the property of the Party of the Second Part and c) Roll Number: 410 826 00030 7900 — LT 15 CON 11 BRUCE; S 'h LT 14 CON 11 BRUCE; SUBJECT TO AN EASEMENT IN GROSS OVER PT LT 15 CON 11 BRUCE PT 1 3R8987 AS IN BR37807; MUNICIPALITY OF KINCARDINE; being all of PIN 33278-0063(LT), being the property of the Party of the Third Part and d) Roll Number: 410 826 00030 7800 — N '/ LT 14 CON 11 BRUCE; LT 14 CON 12 BRUCE EXCEPT PT 2 3R6138; SUBJECT TO AN EASEMENT IN GROSS OVER PTS 3 & 4 3R8571 AS IN BR11216; SUBJECT TO AN EASEMENT IN GROSS OVER PT LT 14 CON 11 BRUCE PT 2 3R9053 AS IN BR40853; MUNICIPALITY OF KINCARDINE; being all of PIN 33278- 0038(LT), being the property of the Party of the Fourth Part Description of The downstream end of the drainage works is an existing 8 inch plastic drainage Drainage Works tubing located on North 'A of Lot 14, Concession 11. The drain will consist of approximately 1720 feet of drainage tile consisting of 1654 feet of 6 inch (PDT) Plastic Drainage Tile, 66 feet of 6 inch (HDPE) High Density Polyethylene Pipe, and one Catch basin. From the outlet the existing drain is located in a southwest and southeast direction across Lot 14, Concession 11 to Lot line 14/15 Conc 11. A new catch basin will be installed on Lot line 14/15 Conc 11, the drain will then cross in a southeast direction across Lot 15, Concession 11 to the west boundary of Sideroad 15, the drain will then cross Sideroad 15 to the east boundary of Sideroad 15. (A map of the specific location of the drain is available at the office of the Corporation of the Municipality of Kincardine) Construction Construction of the drain will take place in August, 2019. All fences that are damaged shall be repaired by the Party of the First Part. Maintenance Party of the First Part shall have access to the drain for maintenance. Party of the Second, Third and Fourth Part shall inform the Party of the First Part if the Drain requires Maintenance and shall grant access for the repairs. Any fences that are damaged shall be repaired by the Party of The First Part 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: 100% Party of the First Part. Estimated cost: $5,360.00 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 the 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. In Witness Whereof the Party hereto have hereunto set their hands this I day of i , 2020. rail ----t-7,-(14.-... 41,,,,t„, Witness/ Rodney Wayne MacGillivray 0 jig r Witne : San ra Lynne Keith MacGillivray THE CORPORATION OF THE MUNICI�AL.ITY OF KINCARDINE ) • Per: --�� Anne Eadie, Mayor wo aro - -mbers, CAO WE have authority to bind the Corporation v•/. / Wit ess: Terra ce Sanderson Tuck C/C , •••.,J., Witn/ss: Ji t ElainT / /ii►' idk4hf' Wit s: Dean Rich-rd R'1ry Wit rX ss: Candace E -anor Swindell-RI%