HomeMy WebLinkAbout20 123 Bronkhorst Drain Agreement (2020) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2020 - 123
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A MUTUAL AGREEMENT FOR DRAINAGE WORKS
(Bronkhorst 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
unicipal 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 Johannes Jurie Bronkhorst & Elizabeth Renee Bronkhorst desired
an outlet for Lot 30, Concession 5 which will affect a portion of Municipal property;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a mutual agreement for the Bronkhorst Drain as
per Report Public Works-2020-37;
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
Bronkhorst Drain Agreement with Johannes Jurie Bronkhorst & Elizabeth
Renee Bronkhorst, Bruce Campbell Crossley & Gail Marie Crossley and
Ashley Ellen Richards, .
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 Bronkhorst Drain Agreement, attached hereA
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-Bronkhorst Drain Agreement (2020) By-
law
th
READ a FIRST and SECOND TIME this 5 day of October, 2020.
th
READ a THIRD TIME and FINALLY PASSED this 5 day of October, 2020.
Kfoojgfs!Mbxsjf
Nbzps!Fbejf
Tjhofe!xjui!DpotjhoP!Dmpve!)3131021029*
Tjhofe!xjui!DpotjhoP!Dmpve!)3131021028*
Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/
Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/
Mayor Clerk
This Is Schedule" A "to By-law
Np0i0-123 passed the 5'4' day
d Oc, r
Agreement Drain — Bronkhorst Drain
Date of AGREEMENT made in duplicate this day of OC\-06>c ,2020.
Agreement
BETWEEN:
Johannes Jude Bronkhorst&Elizabeth Renee Bronkhorst
Parties 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
Bruce Campbell Crossley&Gail Marie Crossley
hereinafter called the"Party of the Third Part"
and
Ashley Ellen Richards
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 30, Concession 5.
WHEREAS it was necessary to construct the outlet on the property of the Party of
the Second Part,Third Part and 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: 410 821 00021 4500 - PIN 33298-0046 (LT) - LT 30 CON 5
Description of KINCARDINE EXCEPT PT 1 3R2968 & PT 6 3R2964; PT LT 30 CON 6
Lands KINCARDINE AS IN R51082; MUNICIPALITY OF KINCARDINE, being the
property of the Party of the First Part
and
b) PIN 33298-0059 (LT) - FIRSTLY RDAL BTN LT 30 AND LT 31 CON 4
KINCARDINE; RDAL BTN LT 30 AND LT 31 CON 5 KINCARDINE; RDAL
BTN LT 30 AND LT 31 CON 6 KINCARDINE; RDAL BTN LT 30 AND LT 31
CON 7 KINCARDINE; RDAL BTN LT 30 AND LT 31 CON 8 KINCARDINE;
RDAL BTN LT 60 AND LT 61 CON 3 NDR KINCARDINE; PT LT 30-31 CON
5 KINCARDINE PT 1 & 2 3R2968; SECONDLY PT LT 30 CON 6
KINCARDINE AS IN KN14213; KINCARDINE;being the property of the Party
of the Second Part
and
c) Roll Number:410 821 00021 4600-PIN 33298-0045(LT)- PT LOT 31 CON
5 KINCARDINE AS IN R386883; KINCARDINE, being the property of the
Party of the Third Part
and
d) Roll Number: 410 821 00021 4700- PIN 33298-0044 (LT) - E 1/2 LOT 31
CON 5 KINCARDINE EXCEPT PT 2 3R2958; KINCARDINE, being the
property of the Party of the Fourth Part
173/2) )
2
Description of The downstream end of the drainage works is Kincardine-Kinloss Municipal Drain A
Drainage Works Branch OPEN.The drain will consist of quarry stone riprap at outlet, 20 feet of HDPE
outlet pipe with Rodent Grate, 980 feet of 12 inch (PDT) Plastic Drainage Tubing, 66
feet of 12"(HDPE)High Density Polyethylene Pipe and two Catch basins.
From the outlet the drain is located in a west direction across Lot 31 Concession 5,
running parallel to and north of the north boundary of Concession Road 5,to the east
boundary of Sideroad 30S, a new CB will be installed at or near the east boundary of
Sideroad 30S, the drain will then cross Sideroad 30 and end at or near the west
boundary of Sideroad 30.A catch basin will be installed at or near the west boundary
of Sideroad 30S. (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 2020. The contractor is to locate
the existing tiles at the south end of Lot 31 Concession 5 prior to any work being
commenced and any damages will be repaired in a timely manner.
Maintenance Party of the First Part shall have access to the drain for maintenance.
Party of the Second Part,Third Part 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 tiles 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: $15000
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 W'tness Whereof the Party hereto have hereunto set their hands or seals this
da •f 06\0\oar ,2020.
jA0' it 's J annes Jude Bronkhorst
e Elizabeth Renee Bronkhorst
THE CORPORATION OF THE
MU LITY OF KINCARDINE
Per: At,_
Anne Eadie, Mayor
Per: 4,01101" -,,,d _
''aron Chambers, CAO
WE have authority to bind the Corporation
4-0o&14
e/1-0-11 /
Witness: G Bruce Ca •bell Cros I
Witness: / Gail Marie C3
ACM NOWLEDGEMENTAND DIRECTION
TO: Tanimy W. Grove-McClenient
AND TO: Grow-Mc0eluent &, Fischer LIA)
RE: MUlliCipal Drainage Agrccnient- Bronkhorst
PIN 33298-0045
File No, 20089,
This will confirm the 161lowing:
I We have reviewed the infiorniatioll Set cant bclo-v�, arid attached and the iril'ormation is
accurate.
YOU, your agent or el-riployce are authorized arid directed to sign, deliver, and/or register.
electronically Oil Mir behalf" the d0CLllIICllt(s) described in this Acknowledgilient and
Direction as well as any other dOCUITIellt.(S) required to complete the transaction described
above.
3. YOU are hereby authorized to insert any Information that may be rcqUiNd in the efccironic
C10CLIFTICrits described in this AcknoNfledgment and Direction that rimy not be available to
yOLI at the iiii-le of'exeCI.16011 ol'this Ackno"lledprient and Direction,
4. I'lie erf'ect ol'the electronic dOCLIMClIts described in this Acknowledgnient and Direction
luis been I'Lilly explained to its arid we Understand that ave are partics to and are boUrld bV
the terms and provisions of these electronic documents to the same extent as it' we had
signed these d0CLJllICrIIs�.
Z-
5. We are. in 111CL, file parties nained in the c1caronic C10CLiments described in this
Acknowledgment and Direction arid eve have not misrepresented our identifies to you.
6. We hereby aLltll(.)I-iZC),'OLI to make any minor, nori-material alterations that may be reClUirCd
bv the Land Registry ()Fficc or any Lo
, verllrrlCntal agencies or governmentaf mlthOritiCS to
effect certification of' the electronic documents clescribcd in this Acknowled gincint and
Dircction by the [.arid registry 01fice.
T ']'his Acknowledgilient and Direction inay be CXeCILItcd ill COUliterpart arid each SLICII
COUritcrpart :shall, Cor all pUrposes, constitute 011C dOCUITICI-it binding on all pzirtics licreto,
notwithstanding that all parties, are not signatories to the same COUntupart, provided that
each party has signed at least one COLInterparl.
8. [.`xecutiorl of the Acknowledoment and Direction by f'acsirilile trarisniission or by c-mall
shall be binding LIP011each party hereto arid upon the party so signing by Cacsill-lile or C-
mail transmission.
DESCRIPTION OF DOCUMENT: Notice — Drain A(",reemcm
Date: 202 1
..........
--------------
Bruce C"arnpN, if (,'ross,lc�v
............
Gall Maric Cr, ssfev
r
nD t, l ro ro
tl7 ,7 ,'rJ w 7d x r x x x x x x x p Z y H O O
o w a a J
n1 6i lfl N a {i1 Ul n
w Z r-i tyiy [] rh _
K CCs]b y y
W W 11 T
b y oz u� > ❑
c caw M �
v
o ti y o x [ cn o 1.3
O
:d cn ro
cn .a to m tt+F Z 7xa n b13r�
O O yy o o r o o �y y O G1 ry H � b H r�i H A
CT7 O H Lx+7 O H ts7 m 1-1 Z
°�' �
o w o cn m aO
m S O o t D cy c�i r r ❑
rzn b e y n ro m x y
�
o r o
rn
r J zCD 0 2E $ x y
n Z 7j z y' n y
'� tr CEJ
o m r ti x z y
y
K w ti t27
o z
0 10
n m x b z
NJ
lei M O 9 rJ A *t w
rox
7c1 m \ H O Q DH H L'xi Z tcj Fy
U' ti O C H b z
L4
tD
n
W o Chir y O L�� •
o d x 4 2 C 2 H -3C4 C4
yT 2
H b �
y
H tm7% k LM2 O m 3 �' •
ro �
y n x b n b y z z M y z z
H
y r-iO� Ch H H U
til K
y H H Z O y [n .'ti t7 cn
> H O y m H m --3
c c o 0 o n Er x z ❑
m S w x H b U3
n z
o --3 H H y o z
ti o
y H r�si L7 x [9
❑ ro
�' [n z H H
C
o o m
z � z c ❑ x �
rs1
�-3
K H H N
fx9 H >
N n b En w
f~7 Ztu
n m Z Ch
fn 'C H n o b
y b °z Lq
Du
b 0
y En r
C 13
[" K Cin C, ..• O
C n
'4 x -3
y H
� O K
O
n m
�-3
H n n a C '-'�
y O O mco cn
y ~
h7
O In 0
z rn m M
o
mw ci m
z
[n , C ❑ f
r 3C
v n z z
a Q N lu
o m z z z
r > 13
n
13
7r1 w ~ z x G�7
ro N z No r»
O Lei N 77 r
d Li
HD m o d 4
r- 7c1
N q
13 a
H 3
CD
t' O
IP o
•• O
lP ~
w
N
n n n
n0
03
d H