HomeMy WebLinkAbout21 197 Agra Foster Wallace Drain Agreement (2021) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 -197
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A MUTUAL AGREEMENT FOR DRAINAGE WORKS
(Agra Foster Wallace 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
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 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 John Peter Wallace & Holly Anne Wallace and William Robert
Foster & Linda Marlene Foster desired an outlet for a tile drainage system for Lot
26 & 27 Concession 7 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 Agra Foster Wallace
Drain as per Report Environmental Services-2021-02;
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 Agra
Foster Wallace Drain Agreement with John Peter Wallace & Holly Anne
Wallace and William Robert Foster & Linda Marlene Foster and Wolfgang
Heinz Porsche and Ontario Peninsula Farms.
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 Agra Foster Wallace Drain Agreement, 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 “Agra Foster Wallace Drain Agreement
(2021) By-law”.
READ a FIRST and SECOND TIME this 13th day of December, 2021.
READ a THIRD TIME and FINALLY PASSED this 13th day of December, 2021.
Mayor Clerk
Agreement Drain — Agra Foster Wallace Drain
Date of AGREEMENT made in duplicate this day of , 2020.
Agreement
BETWEEN:
John Peter Wallace & Holly Anne Wallace
hereinafter called the “Party of the First Part”
and
William Robert Foster & Linda Marlene Foster
hereinafter called the “Party of the Second Part”
and
Ontario Peninsula Farms Ltd.
hereinafter called the “Party of the Third Part”
and
The Corporation of the Municipality of Kincardine
hereinafter called the “Party of the Fourth Part”
and
William Robert Foster and Linda Marlene Foster
hereinafter called the “Party of the Fifth Part”
and
Wolfgang Heinz Porsche
hereinafter called the “Party of the Sixth Part”
and
Wolfgang Heinz Porsche
hereinafter called the “Party of the Seventh Part”
and
William Robert Foster and Linda Marlene Foster
hereinafter called the “Party of the Eighth Part”
Reference to This agreement is made under the authority of Section 2 of Drainage Act, R.S.0.
Drainage Act, 1990, Chapter D.17.
RSO, 1990
WHEREAS the Party of the First Part and Second Part desire an outlet for a tile
drainage system for Lot 26 & 27, Concession 7.
WHEREAS it was necessary to construct the outlet on the property of the Party of
the Second Part, Third Part, Fourth Part, Fifth Part, Sixth Part, Seventh Part and
Eighth Part.
AND WHEREAS all Parties herein do hereby agree that the work constructed will be
repaired and wiil be maintained according to the following conditions:
The properties affected by this Drainage Agreement are described as follows:
Legal a) Roll Number: 410 826 00021 5700 — PT LOT 27 CON 7 BRUCE;
Description of MUNICIPALITY OF KINCARDINE - PIN 33280-0066(LT), being the property
Lands of the Party of the First Part
and
b) Roll Number: 410 826 00021 5600 — LOT 26 CON 7 BRUCE; MUNICIPALITY
OF KINCARDINE - PIN 33280-0067(LT), being the property of the Party of
the Second Part
and
22nd September, 2021 ___
This is Schedule "A" to By-law No. 2021- 197,
passed the 13th day of December 2021.
Description of
Drainage Works
¢) Roll Number: 410 826 00022 1000 — PT LOT 26 CON 8 BRUCE;
MUNICIPALITY OF KINCARDINE - PIN 33280-0045(LT), being the property
of the Party of the Third Part
and
d) RDAL BTN LT 25 AND LT 26 CON 7 BRUCE; RDAL BTN LT 25 AND LT 26
CON 8 BRUCE; KINCARDINE - PIN 33280-0002(LT), being the property of
the Party of the Fourth Part
and
e) Roll Number: 410 826 00022 0900 — S PT LOT 25 CON 8 BRUCE;
MUNICIPALITY OF KINCARDINE — PIN 33280-0077(LT), being the property
of the Party of the Fifth Part
and
f) Roll Number: 410 826 00022 0700 — LOT 24 CON 8 BRUCE; MUNICIPALITY
OF KINCARDINE - PIN 33280-0018(LT), being the property of the Party of
the Sixth Part
and
a) Roll Number: 410 823 00022 0600 — LOT 23 CON 8 BRUCE; MUNICIPALITY
OF KINCARDINE - PIN 33280-0018(LT), being the property of the Party of
the Seventh Part
and
a) Roll Number: 410 823 00021 5500 — LOT 25 CON 7 BRUCE; MUNICIPALITY
OF KINCARDINE — PIN 33280-0077(LT), being the property of the Party of
the Eighth Part
The downstream end of the drainage works is Municipal Drain # 12 (Davey). The drain
will consist of 1,625 feet of Open Drain, quarry stone riprap at outlet, 20 feet of HDPE
outlet pipe with Rodent Grate (one for each Branch), 3,500 feet of 15 inch (PDT) Plastic
Drainage Tubing, 4,950 feet of 12 inch (PDT), 198 feet of 15 inch and 12 inch (HDPE)
High Density Polyethylene Pipe and seven catch basins. The drain will contain four
parts, Main Drain (open), Branch 1 (tile), Branch 2 (tile), Branch 3 (tile).
From the outlet the Main Drain is located in a southeast direction across Lots 23 and
24, Concession 8 to the Lot line between 24 & 25, Concession 8 as an existing
channel. At this location Branch 1, 2 & 3 will outlet.
Branch 1 is located in a southeast direction across Lot 25, Concession 8 as a 15”
diameter tile to the west boundary of Sideroad 25, a catch basin will be installed at or
near the west boundary of Sideroad 25, the drain will then cross Sideroad 25 with 15”
diameter HDPE pipe to the east boundary of Sideroad 25, a catch basin will be installed
at or near the east boundary of Sideroad 25, the drain will continue in a south direction
through the southwest corner of Lot 26, Concession 8 and then in a southeast direction
across Lot 26, Concession 7 and end at the west boundary of Lot 27, Concession 7.
Branch 2 is located in a southeast direction across Lot 25, Concession 8 as a 12”
diameter tile to the west boundary of Sideroad 25, parallel to Branch 1. A catch basin
will be instaliad at or near the west boundary of Sideroad 25, the drain will then cross
Sideroad 25 with 12” diameter HDPE pipe to the east boundary of Sideroad 25, a catch
basin will be installed at or near the east boundary of Sideroad 25, the drain will
continue in a south direction through the southwest corner of Lot 26, Concession 8
and end at the north boundary of Lot 26, Concession 7.
Branch 3 is located in a southeast and southerly direction across Lot 25, Concession
8 as a 12" diameter tile to the north boundary of Lot 25, Concession 7, the drain will
continue in a southeast direction {o ihe west boundary of Sideroad 25, a catch basin
will be installed at or near the west boundary of Sideroad 25, the drain will then
continue southwest and parallel to the west boundary of Sideroad 25, a catch basin
will be installed at or near the west boundary of sideroad 25, the drain will then cross
Sideroad 25 with a 12” diameter HDPE pipe to the east boundary of Sideroad 25, a
catch basin will be installed at or near the east boundary of Sideroad 25.
Construction
Maintenance
Costs
A sketch indicating the location of the Main and Branches is available at the office of
the Corporation of the Municipality of Kincardine.
Direct connection to Branch 1 will be allowed to only the Party of the First Part and the
Third Part. Direct Connection to Branch 2 and Branch 3 will be allowed to only the
Party of the Second Part.
Construction of the drain will take place in 2020. The contractor is to locate the
existing tiles along the route prior to any work being commenced and any damages
will be repaired in a timely manner during construction.
Party of the First Part and Second Part shall have access to the drain for
maintenance across all properties.
Any one of the following Party - Second Part, Third Part, Fourth Part, and Fifth Part
shall inform the Party of the First Part and/or Second Part if Branch 1, Branch 2 or
Branch 3 requires maintenance and shall grant access for the repairs.
If the Main Drain requires maintenance as determined by either the Party of the Sixth
Part and/or the Seventh Part shall notify the other parties and will get all necessary
permissions and hire the contractor to perform the maintenance. Party of the Sixth
Part and Seventh Part shall be responsible for marking all their private tile outlets
and the costs associated with repair/replacement respectively as necessary.
Any fences or tiles that are damaged during the construction of Branch 1, 2 and/or 3
shall be repaired by the Party of The First Part and Second Part.
Any future maintenance shall be paid as stated under Costs.
Any work on the Municipal Road, Fourth Part, must receive approval from the
Municipality prior to proceeding
The cost of the construction of the Main Drain, Branch 1, Branch 2, Branch 3 shall be
paid in the following proportions:
Main Drain, this is an existing channel so there will be no work at this time.
Branch 1 - 100% Party of the First Part.
Branch 2 — 100% Party of the Second Part
Branch 3 — 100% Party of the Second Part
Estimated cost:
Main Drain $0
Branch 1 $51,000.00
Branch 2 $21,000.00
Branch 3 $28,000.00
The cost of the maintenance of the Main Drain, Branch 1, Branch 2, Branch 3 shall
be paid in the following proportions:
Main Drain;
29% Party of the First Part.
29% Party of the Second Part.
15% Party of the Fifth Part
10% Party of the Sixth Part
2% Party of the Seventh Part.
15% Party of the Eighth Part.
Branch 1 - Party of the First Part 100%
Branch 2 - Party of the Second Part 100%
Branch 3 - Party of the Second Part 100%
This agreement herein contained when executed by the Party hereto, shall be
registered in the Bruce County | and 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 day of
[A , 2020.
i > Ei Ster Wallace
Vid Yh lee
hess: ~~Hplly’Ariné Wallace
William Robert Roster
le VY Ls lr 7 Linda Marlene Foster ir (5. )~
Wolfgang Heinz Porsche
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
- RANA
AL Glove Anne-Eadie, Mayor
Per: 2 Ce
Sharon Chambers, CAO
WE have authority to bind the Corporation
ONTARIC PENINSULA FARMS LTD.
ya ee
oor 7 ya J
TE alte <font Dylan Reimer
| have authority to bind the Corporation
LRO# 3 Application (General) Receipted as BR178102 on 2021 12 22 at 13:00
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Pagel of 1
Properties
PIN 33280-0002 LT
Description RDAL BTN LT 25 AND LT 26 CON 7 BRUCE; RDAL BTN LT 25 AND LT 26 CON 8
BRUCE; KINCARDINE
Address KINCARDINE
Applicant(s)
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Address for Service 1475 Concession 5
R.R.#5
Kincardine, ON N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Anne Eadie, Mayor and Sharon Chambers, CAO.
Statements
I Anne Eadie, Mayor and Sharon Chambers, CAO of The Corporation of the Municipality of Kincardine having a legal interest in the lands
hereby apply under section 75 of the Land Titles Act to have the register for the said PIN amended by: BEING ENTERED AS OWNER
I Tammy Grove-McClement solicitor make the following law statement : I am the Solicitor for The Corporation of the Municipality of
Kincardine, the Applicant, and as such have knowledge of the matters herein and I hereby state:
1.RDAL BTN LT 25 AND LT 26 CON 7 BRUCE; RDAL BTN LT 25 AND LT 26 CON 8 BRUCE; KINCARDINE is an original road
allowance made by a Crown Surveyor and is located within the Municipality of Kincardine and therefore by virtue of Section 26.4 of the
Municipal Act, 2001, it is a highway and The Corporation of the Municipality of Kincardine has jurisdiction over it.
2.Pursuant to Section 30 of the Municipal Act, 2001,a highway is owned by the Municipality that has jurisdiction over it subject to any
rights reserved by a person who dedicated the highway or any interest in the land held by any other person. There is no such reserved
rights or interests held by any other person.
3.The Corporation of the Municipality of Kincardine is therefore the owner of the road described in PIN 33280-0002(LT).
Signed By
Tammy Wynn Grove-McClement 100-144 Courthouse Square acting for Signed 2021 1222
Goderich Applicant(s)
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
1 have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
THE ROSS FIRM PC 100-144 Courthouse Square 2021 1222
Goderich
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
Fees/Taxes/Payment
Statutory Registration Fee $66.30
Total Paid $66.30
File Number
Applicant Client File Number: 20249
LRO# 3 Notice Receipted as BR178103 on 2021 12 22 at 13:07
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Pagel of 6
Properties
PIN 33280-0066 LT
Description PT LT 27 CON 7 BRUCE AS IN R202773; S/T R31062; KINCARDINE
Address 362 CONCESSION 6
PAISLEY
PIN 33280-0067 LT
Description LT 26 CON 7 BRUCE EXCEPT SLY 10 FT, S/T INTEREST IN R342639; S/T R31087;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1,2&3 3R8598 AS IN BR10667;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 &2 3R9032 AS IN BR39709;
MUNICIPALITY OF KINCARDINE
Address 398 CONCESSION 6
KINCARDINE
PIN 33280-0045 LT
Description PT LT 26 CON 8 BRUCE AS IN R345569; KINCARDINE
Address KINCARDINE
PIN 33280-0077 LT
Description LT 25 CON 7 BRUCE, EXCEPT PT 1 3R9434; PT LT 25 CON 8 BRUCE AS IN R221152
EXCEPT R29729; S/T R31057; SUBJECT TO AN EASEMENT IN GROSS OVER PTS
13-19 INCL 3R8557 AS IN BR10458; SUBJECT TO AN EASEMENT IN GROSS OVER
PT LT 25 CON 8 BRUCE PT 2 3R9015 AS IN BR39701; MUNICIPALITY OF KINCARDINE
Address KINCARDINE
PIN 33280-0018 LT
Description LT 23 CON 8 BRUCE; PT LT 24-25 CON 8 BRUCE; PT LT 23 CON 7 BRUCE AS IN
R188427&R211014, EXCEPT PT 1, 2&3 3R4365, T/W R253822; S/T R31086;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 -8 INCL 3R8557 AS IN
BR10463; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1 3R8982 AS IN
BR37707; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1 3R9046& PTS 1,2&3
3R9043 AS IN BR39708; MUNICIPALITY OF KINCARDINE
Address KINCARDINE
Consideration
Consideration $1.00
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Address for Service 1475 Concession 5
R.R.#5
Kincardine, ON N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Gerry Glover, Mayor and Sharon Chambers, CAO.
Party To(s) Capacity Share
Name WALLACE, JOHN PETER
Address for Service 442 Concession 6 Rd
R.R#2
Paisley, ON NOG 2N0
This document is not authorized under Power of Attorney by this party.
Name WALLACE, HOLLY ANNE
Address for Service 442 Concession 6 Rd
R.R#2
Paisley, ON NOG 2N0
This document is not authorized under Power of Attorney by this party.
Name FOSTER, WILLIAM ROBERT
Address for Service 398 Concession 6
R.R#2
Paisley, ON NOG 2N0
This document is not authorized under Power of Attorney by this party.
Name FOSTER, LINDA MARLENE
LRO# 3 Notice Receipted as BR178103 on 2021 12 22 at 13:07
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 6
Party To(s) Capacity Share
Address for Service 398 Concession 6
R.R#2
Paisley, ON NOG 2N0
This document is not authorized under Power of Attorney by this party.
Name ONTARIO PENINSULA FARMS LTD.
Address for Service 455 Seacliff Drive
Kingsville, ON N9Y 2K5
A person or persons with authority to bind the corporation has/have consented to the registration of this document.
This document is not authorized under Power of Attorney by this party.
Name PORSCHE, WOLFGANG HEINZ
Address for Service 1-2351 Huron St, Dancor Campus
London, ON N5V OA8
This document is not authorized under Power of Attorney by this party.
Statements
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Tammy Wynn Grove-McClement 100-144 Courthouse Square acting for Signed 2021 1222
Goderich Applicant(s)
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
THE ROSS FIRM PC 100-144 Courthouse Square 2021 1222
Goderich
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
Fees/Taxes/Payment
Statutory Registration Fee $66.30
Total Paid $66.30
File Number
Applicant Client File Number: 20249
Party To Client File Number: 20249