HomeMy WebLinkAboutTWP 95 020 Brown's Hill Reconst
.
.
.
'!'BE CORPORATION OF '!'BE TOMNSHIP OF KINCABDINE
BY-Ll\1f NO. 95-20
Being a By-Law to Authorize the signing of an
Agx:eement between Mrs. Beth McKay and Mr.
Harvey McKay and The COI:poration of the
Township of Kincardine
Whereas the MUnicipal Act gives authority for a Municipality
to pass By-Laws to enter into certain agreements
JUu1 ~ it is deemed necessary to carry out reconstruction
on Brown's Hill, being adjacent to Lot 13 Concession 4 (McKay's
property)
JUu1 Whereas it is appropriate to enter into an agreement with
Mr. & Mrs. McKay the Registered OWners of lands on which a
portion of the construction work is planned to be undertaken
Now ~ore the MUnicipal Council of the corporation of the
Township of Kincardine enacts as follows:
1. The Reeve and Clerk-Treasurer are hereby authorized to
execute, on behalf of the Corporation of the Township
of Kincardine, the Agreement between Mrs. Beth MCKay
and Mr. Harvey MCKay.
2. That the Agreement be attached to this By-Law forming
Schedule "A" to By-Law '95-20
3. This By-Law shall come into full force and effect upon
its final passage.
4. This By-Law may be cited as "Brown's Hill
Reconstruction" By-Law.
.
SEcam TIME THIS
/?7i
DAY OF
~~~/~A
READ A
DAY OF
TIME AND FINALLY PASSED THIS
, 1995.
/9+
~!~7;;A
Seal
..
~~
.
.
ru_8BJ:P OJ' ~YlRDDIB
BBOIIII" S BILL REC01IS~:IOII
THIS AGREEMENT made, in quadruplicate, this
, 1995.
day of
B J: ~ 11 J: J: K:
MRS. BBD ISOBBL ,.,-.ray
and
JIll. D1lVEY C. Ir'IlJI.V
(hereinafter called the Landowners)
(THE PARTY OF THE FIRST PART;)
-and-
ora ~IOK O!' TD TOIDtSB:IP OJ' ItIKCA.RDDIB
(hereinafter called the Township)
(THE PARTY OF THE SECOND PART;)
rBJ!: PARTIBS IIJ:RZTO aGRD AS J'OLLOIfS:
.wENE.~ the Township is wanting to reconstruct the Brown's Hill
Road adjacent to Lot 13, Concession 4/5, in the Township of
Kincardine;
AID ~ the Landowners are the registered owner of lands on
which a portion of the construction work is planned to be
undertaken.
IUII5IUiAB the proposed Works will involve the construction of
drainage works, regrading, tree removal, driveway entrance
construction, and restoration on the Township road allowance and
lands adjacent (Lot 13, Concession 4) all of which is shown on
Sheet 3 of 5 as contained in Schedule 'A'.
_ :r~ TB:I8 ~---r 1II~8SJr.rJ1 that in consideration of
other good and valuable consideration and the sum of One Dollar
($1.00) of lawful money of Canada, now paid by each of the
Parties hereto to each of the other parties hereto (the receipt
whereof is hereby acknowledged), the Parties hereto hereby
covenant, promise and agree with each other as follows:
1. The Landowners agree to grant to the Township and their
agents (i.e. Contractor, sub-contractors, Engineers)
permission to access the landowner's property to construct
the Works as set out in Schedule 'A'.
2. The Township agrees to complete the construction of the
said Works at the Township cost and shall make restoration
of the works in accordance with the engineering design
detailed in Schedule 'A'.
.. ./2
.
.
.
Tow_'hip or Ki.noard:Lne
Brow' . Bill :Reconstruction
Page t2
3. The Township agrees to plant eight (8) trees of a ~n~um
2 inch caliper on the Landowner' s property. The location
of trees as shown in Schedule A. The tree types are to be
hard maple as specified in Schedule A. The time of
planting is to be October, 1995.
4. The Landowners agree to allow the removal of existing maple
trees within the construction site as shown in Schedule A.
The existing maple trees to be removed are to be brushed
with the brush removed from the site by the contractor.
All the remaining wood is to be disposed of west of the
McKay residence in the orchard.
5. The Landowners agree to permit the Township and its agents
future entry onto the Landowner' s property to undertake
any maintenance that may be required to the proposed works.
6. It is declared, agreed, and understood that Schedule ' A'
inclusive, annexed hereto, form part of this Agreement.
~~11 '*1
ora 00Rl'0BM!:I0II CD' DB
~SBIP or KIllQlU)DIB
~
~~
/ V RDVE
J;Yû~)
.
.
.
8\õlS.l5Uu.t.II ' A'
R01'08J:D ..Q
Brown's Hill Concession Road IV-V Contract 'B' - Sheet 3 of 5
Plan and Profile sta 0+220.00 to sta 0+400.00, as prepared by
Paragon Engineering Limited, Revision No.1, dated July 12, 1995