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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