HomeMy WebLinkAbout93-158 r i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93- 158
Being a By-Law to authorize the entering into
of an agreement between the Corporation of the
Municipality of Clarington and the Corporation
of the Township of Hope.
WHEREAS, the Council of the Corporation of the Municipality of
Clarington, pursuant to c.M.45, s.271, of the Municipal Act R.S.O.
1990, as amended, deems it expedient to authorize the entering into
of a Boundary Road agreement between the Corporation of the
Municipality of Clarington and the Corporation of the Township of
Hope.
NOW THEREFORE, the Corporation of the Municipality of Clarington
enacts as follows:
1. That the Mayor and Clerk be authorized to execute, on behalf
of the Corporation of the Municipality of Clarington, and seal
with the Corporation's Seal, a Boundary Road Agreement between
the Corporation of the Municipality of Clarington and the
Corporation of the Township of Hope, attached hereto as
Schedule "A" and forming part of this by-law providing;
a) An undertaking by the Corporation of the Municipality of
Clarington for the maintenance of the Boundary Road
situated south of the Sixth Concession Road Allowance of
the Township of Hope;
b) An undertaking by the Corporation of the Township of Hope
for maintenance of the Boundary Road situated north of
the Sixth Concession Road Allowance of the Township of
Hope;
c) The term of the agreement shall not exceed ten (10) years
from the date of its execution by the later of the two
municipalities to execute it;
d) Any major work or proposed construction on any portion of
the Boundary Road be consented to by resolution of the
Council of each party;
e) Each party agrees to indemnify and save harmless the
other from any loss or damage arising from the want or
repair of their respective portions of the Boundary Road;
and
f) The agreement, together with certified copies of the by-
law of the Council of each party authorizing the entering
into of the agreement, shall be registered in the Land
Registry Office.
2 -
2. That this by-law and the agreement attached hereto as Schedule
"A" and map attached hereto as Schedule "B" be registered in
the Land Registry Office.
BY-LAW read a first and second time this 12th day of October, 1993.
BY-LAW read a second time and finally passed this 12th day of
October, 1993.
IANE HAMRE MAYOR
�24
PAT I B IE CLERK
DYE&DURHAM CO.INC.—Form No.985
Amended NOV.1992
P',;v i'nce Document General
1
6fntario
Form 4—Land Registration Reform Act
(1) Registry Land Titles ❑ (2) Page 1 of pages
(3) Property Block Property
Identifler(s) Additional:
See F-1
Schedule
(4)Nature of Document
Additional:
Sc u
h le
Lo
BOUNDARY ROAD AGREEMENT A 'V 49
(S—tonn ?71 Of the MlInicival Act) A U n TWO A A/
CS12 (5)Conbideration
C_ R A 3
z
0 ca Not Applicable Dollars$
D W
0) D (6)Description
W
U.
LL
0 The Boundary Road between the Municipality of
q:
0 Clarington (Geographic Township of Clarke) and the
Township of Hope lying between the northerly and
southerly limits of the Township of Hope, Regional
New Property Identifiers Additional: Municipality of Durham.
See
Schedule ❑
Executions
(7)This (a) Redescription (b)Schedule for:
Additional: Document New Easement Additional
see ❑ Contains: Plan/Sketch ❑ Description M Parties ❑ Other IT5
Schedule l
01(8)This Document provides as follows:
Certified Copy of By-law 93-158 of The Corporation of the Municipality of Clarington.
Certified Copy of By-law 3399 of The Township of Hope-
Boundary Road Agreement made between the Corporation of the Municipality of Clarington and
The Corporation of the Township of Scugog made the 12th day of October, 1993.
Continued on j
Schedule El
0
�(q)This Document relates to instrument number(s) 7
(10) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
THE CORPORATION OF THE
MUNICIPALM*OF CLARINGTON . . . . . . gy: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104:
by its solicitors . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .Nicjh0IjK T.NjAcos . . . . . .
SHIBLEY RIGHTON
. . . . . .per Nicholas T..-Macos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)Address
for Service 40 Temperance Street, Bowmanville, Ontario, LlC 3A6
(12) Party(ies) (Set out Status or Interest) Date of Signature
Name(s) Signature(s) y M D
THE CORPORATION OF THE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
'tb)�NSkij� OF*S C* U* *G' 6G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: Fees and Tax
_j
Z 0 Registration Fee
W
SHIBLEY, RIGHTON Cn
Not Assigned Suite 1800 W
401 Bay Street u_
2
U.
Toronto, Ontario, M5H 2Z1 0
Attn: Nicholas T. Macos 0
U_ Total
.0 �a'
FORM 15 - THE REGISTRY ACT
DECLARATION
(Under Section 25 of the Act)
I, Nicholas T. Macos of the City of Toronto, Municipality of Metropolitan Toronto do
solemnly declare that I am a solicitor acting on behalf of The Corporation of the
Municipality of Clarington, which is a party to the attached Boundary Road Agreement
between The Corporation of the Municipality of Clarington and The Corporation of the
Township of Hope made the 12th day of October, 1993 pursuant to By-Law 93-158 of The
Corporation of the Municipality of Clarington and By-Law 3339 of The Corporation of the
Township of Hope which affects the following lands: K '
(also k.nawn of �-'(e Bou�a�a �r lQoo.� � ttowa—C'C-)
The Boundary Road^between the Municipality of Clarington (Geographic Township
of Clarke) and the Township of Hope lying between the northerly and southerly
limits of the Township of Hope, Regional Municipality of Durham.
I make this solemn declaration conscientiously believing it to be true and knowing that it
is of the same force and effect as if made under oath.
DECLARED before me at the )
City of Toronto, in the )
Municipality of Metropolitan )
Toronto this 1k day )
of November, 1994. ) -7-
„! ) Nicholas T. Macos
A Commissioner, Et .
'THE O'vt;PTOV Of 114E 1.p"NO M IHIS IP!S7TF.UN]REGISTRY
NOT CO's"PLY WITH THE RFT-)i AT1 PAS �."+�D':R THE ACT. A REFEREN'Cc- FF.AN 1h'ILL BE RECTREu TO THIS LAND IN SUBSEQUE "T RECI.-P TI07j"
y 3T
THE CORPORATION OF THE TOWNSHIP OF HOPE
BY-LAW 3399
A BY-LAW TO AUTHORIZE THE EXECUTION OF A BOUNDARY ROAD AGREEMENT BETWEEN THE
CORPORATION OF THE TOWNSHIP OF HOPE AND THE MUNICIPALITY OF CLARINGTON .
WHEREAS the Council of the Corporation of the Township of Hope have agreed on
the terms of the Agreement;
AND WHEREAS the said terms have been settled and are contained in the
schedules hereunto annexed;
NOW THEREFORE the Council of the Corporation of the Township of Hope ENACTS
as follows :
1 . That the entering into the terms of the Boundary Road Agreement is
hereby approved and authorized .
2 . That the Reeve and Clerk be and they are hereby authorized and directed
to sign the Agreement and to affix to it the Corporate Seal of the
Corporation of the Township of Hope .
READ A FIRST and SECOND TIME , in open Council this .-2 / day of
1993 .
Ian W.M. Angus , Reeve
• . . • . .
Frances Aird, Clerk
READ A THIRD TIME, and passed in open Council this day of
1993 .
.(. . . .4�'�•S.�tom.��`��'`,"`--�-.�'G'�-';:�.: . . . . . . .
Ian W.M. Angus , Reeve
I, Frances M. Aird, Clerk of the
Township of Hope do hereby certify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
this to be a true copy of By-law Frances Aird , Clerk
3399 passed in open Council the 21st
day of December, 1993.
Frances.
M. Aird, Clerk
i
,B.y-law 3399 Pg 2 of 5
V Schedule "A"
BOUNDARY ROAD AGRI TMEN`C 13ETWEEN
.THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE `l'OWNSI-IIP OF HOPE
WHEREAS The Boundary Road is a public right-of-way forming a
boundary between the Corporation of the Municipality of Clari.ngtorn
and the Corporation of the Township of Hope .
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Hope have agreed to provide for
its maintenance and repair by entering into this agreement .
NOW, THEREFORE this agreement witness that the parties hereto do
covenant and agree as follows :
1 . That the Corporation of the Municipality of Clarington at its
expense, shall maintain the Boundary Road situated south of
the Sixth Concession Road Allowance of the Township of Hope
during the entire year .
2 . That the Corporation of the Township of Hope , at its expense ,
shall maintain the Boundary Road situated north of the Sixth
Concession Road Allowance of the Township of Hope during the,
entire year .
3 . That the ordinary road maintenance shall be performed in
accordance with the Ministry of Transportation guidelines .
Ordinary maintenance shall include grading, ditching, salting ,
snow-fence, signing, culvert maintenance , and roadside
maintenance and shall be done without sharing cost .
4 . That the original installation of entrance culverts will be
the responsibility of the municipality in which that lot is
registered . The cost incurred for original installations will
be charged to the property owner .
That the location of the entrance culverts shall be mutually
agreed upon by a representative of the Corporation of the
Municipality of Clarington and the Corporation of the Township
of Hope .
5 . That work projects , such as surface treatment and level
railroad crossing improvements , that cannot be considered as
normal maintenance shall be presented to each Council on or
before March 30th of any year for consideration and .Final
approval . If the Councils having joint jurisdiction over them
fail to agree as to the proportion of the expense to be borne
by each Corporation, the same shall be determined by
arbitration .
6 . That reconstruction projects cannot be considered as normal
maintenance and shall be presented to each Council six ( 6 )
months in advance for consideration and final approval by
resolution .
S.Scherdule "A" Pg . 3 of 5
By-law ' 3399
That if the Councils having joint jurisdiction over them fail
to agree as to the proportion of the expense to be borne by
each Corporation, the same shall be determined by arbitration .
7 . That by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain .
That the adjoining Corporation will be advised in writing of
any proposed traffic by-law amendments for comments a minimum
of thirty ( 30 ) days prior to approval by the governing
Council . The adjoining Corporation will be advised after the
by-law has been formally passed by the proper authorities .
That if the adjoining Corporation, after objecting to a
proposed By-law amendment , fails to agree the same shall be
determined by arbitration .
That the Corporation having jurisdiction over a roadway which
intersects the Boundary Road will assume responsibility of the
required regulatory warning and street name signs of -the
intersecting road .
8 . That in the event that a subdivision development occurs on
either side of a Boundary Road and works related to the
subdivision are required pursuant to the terms of the
subdivision agreement , the municipality that has entered into
the subdivision agreement may perform the works contemplated
therein on the Boundary Road without the consent of the other
municipality provided such other municipality is given notice
of such proposed work prior to the execution of the
subdivision agreement and provided the proposed work is
undertaken at no expense to the municipality which is not. a
party to the subdivision agreement .
9 . That cost incurred regarding the maintenance of railway
crossings is to be shared equaIIy by the adjoining
Municipcliti.cs .
10 . That this By-law be subject to the acceptance of both
municipalities and approved by their respective Councils .
11 . That each party agrees to indemnify and save harmless the
other from any loss or damage arising from the want of repair
for the portion of the boundary road which each party has
agreed to maintain and repair in accordance with this
agreement and for the term of this agreement .
12 . That nothing in this agreement shall derogate from the
responsibility of either municipality to do such work as is
necessary in order to fulfil any obligation imposed by c . M. 45 ,
s . 271 , of the Municipal Act R. S . O . 1990 , as amended . in the
event that either party is obligated to make such an
expenditure it shall be reimbursed upon demand being made for
those costs expended upon that portion of the Doundar.y (true:;
which the other party has agreed to rna.i.ntain and repair.
expense .
13 . That this agreement shall supersede all former Boundary Road
agreements between the parties hereto .
Sch(`dvlc � A�� Pct . of. `;
By-Iaw 3399
w
14 . That nothing in this agreement shall oblige either party to
open for public travel , maintain or repair any portion of the
Boundary Road allowance that is designated as "unopened" or
"unimproved" , as illustrated on the plan attached as Schedule
„B„
15 . That the term of this agreement shall commence on the date of
its execution by the later of the parties to execute it and
shall terminate ten ( 10 ) years less one ( 1 ) day from the date
of such execution as per the Municipal Act R . S . O . 1990 ,
c . M. 45 , s . 271 , and continue until repealed by either Council
giving written notice at least sixty ( 60 ) days prior or this
agreement may be amended if the change is mutually agreed upon
by both councils .
16 • That this agreement shall be registered in the Land Registry
Office of the Land Registry Division in which the highway is
situated with the authorizing by-laws of the two
municipalities .
Executed under -the seal of the Corporation of the Municipality of
Clarington this day of 1993 .
DIANE H.AIIRE MAYOR
f
ATT A I CLERK
Executed under the seal of the Township of Hope this day of
1993 .
IAN W . M, ANGUS MAYOR
FRANCES AIRD CLERK
6chedu�le ."B" Ley
'-By-1Aw , 3399
Schedule " B"
CON 10
CON 9 TO 1-YA/S lll P 0Y f,:/j i`. E ,\!
F0RM ;'h `T'0 M/N,S/-1/P
01, Cl,AIai ;
/!
CON 8
II 1 LE=GEND
CON 7
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CON G (/U!)Uitt) YdUr lii,urd 11Lr,ilci:un,:r I'i„.�:.rni
nt '_. � 1 ,k l( a(r r r r(r(r r(r a Ilrrti(r.:nrrl�•I ininil.r•„r�� •.�...•u�Cc
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y,
lJtll'll
CON 4
wam l'U 1I�N. 'llll� Ulf' lI 0!'!''
CON ,
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CON .1.
BF A
BF B _.__.�` ...
AGRUMLNT FOR TIII_ NORMAI. MAINII NANCE
AND RLPAIR' OF 000N0AR)Y ROADS L3Y: Jh!i l�;'I'i!.;: ?
_......
1 _: .IL.: 1993
BETWEEN MUNICIPALITY OF CLARINGION
AND TOWNSHIP OF HOPE [S'CHEDULE "13”
THE CORPORATION OF THE MUNICIPALITY OF 'CLARINGTON
BY-LAW NUMBER 93- 158
Being a By-Law to authorize the entering into
of an agreement between the Corporation of the
Municipality of Clarington and the Corporation
of the Township of Hope.
WHEREAS, the Council of the Corporation of the Municipality of
Clarington, pursuant to c.M. 45, s.271, of the Municipal Act R.S .O.
1990, as amended, deems it expedient to authorize the entering into
of a Boundary Road agreement between the Corporation of the
Municipality of Clarington and the Corporation of the Township of
Hope.
NOW THEREFORE, the Corporation of the Municipality of Clarington
enacts as follows:
1 . That the Mayor and Clerk be authorized to execute, on behalf
of the Corporation of the Municipality of Clarington, and seal
with the Corporation's Seal, a Boundary Road Agreement between
the Corporation of the Municipality of Clarington and the
Corporation of the Township of Hope, attached hereto as
Schedule "A° and forming part of this by-law providing;
a) An undertaking by the Corporation of the Municipality of
Clarington for the maintenance of the Boundary Road
situated south of the Sixth Concession Road Allowance of
the Township of Hope;
b) An undertaking by the Corporation of the Township of Hope
for maintenance of the Boundary Road situated north of
the Sixth Concession Road Allowance of the Township of
Hope;
i
C) The term of the agreement shall not exceed ten ( 10) years
from the date of its execution by the later of the two
municipalities to execute it;
d) Any major work or proposed construction on any portion of
the Boundary Road be consented to by resolution of the
Council of each party;
e) Each party agrees to indemnify and save harmless the
other from any loss or damage arising from the want or
repair of their respective portions of the Boundary Road;
and
f) The agreement, together with certified copies of the by-
law of the Council of each party authorizing the entering
into of the agreement, shall be registered in the Land
Registry Office.
CERTIFIED A..., UE... OPY
I' l L. RRIL
To Clerk
2
2 . That this by-law and the agreement attached hereto as Schedule
"A" and map attached hereto as Schedule "B" be registered in
the Land Registry Office.
BY-LAW read a first and second time this 12th day of October, 1993 .
BY-LAW read a second time and finally passed this 12th day of
October, 1993 .
E HAMRE MAYOR
P TI RRI CLERK
SCHEDULE "A" TO BY-LAW 93- 158
BOUNDARY ROAD AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE TOWNSHIP OF HOPE
WHEREAS The Boundary Road is a public right-of-way forming a
boundary between the Corporation of the Municipality of Clarington
and the Corporation of the Township of Hope.
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Hope have agreed to provide for
its maintenance and repair by entering into this agreement.
NOW, THEREFORE this agreement witness that the parties hereto do
covenant and agree as follows:
1. That the Corporation of the Municipality of Clarington at its
expense, shall maintain the Boundary Road situated south of
the Sixth Concession Road Allowance of the Township of Hope
during the entire year.
2 . That the Corporation of the Township of Hope, at its expense,
shall maintain the Boundary Road situated north of the Sixth
Concession Road Allowance of the Township of Hope during the
entire year.
3. That the ordinary road maintenance shall be performed in
accordance with the Ministry of Transportation guidelines .
Ordinary maintenance shall include grading, ditching, salting,
snow-fence, signing, culvert maintenance, and roadside
maintenance and shall be done without sharing cost.
4 . That the original installation of entrance culverts will be
the responsibility of the municipality in which that lot is
registered. The cost incurred for original installations will
be charged to the property owner.
That the location of the entrance culverts shall be mutually
agreed upon by a representative of the Corporation of the
Municipality of Clarington and the Corporation of the Township
of Hope.
5 . That work projects, such as surface treatment and level
railroad crossing improvements, that cannot be considered as
normal maintenance shall be presented to each Council on or
before March 30th of any year for consideration and final
approval. If the Councils having joint jurisdiction over them
fail to agree as to the proportion of the expense to be borne
by each Corporation, the same shall be determined by
arbitration.
6 . That reconstruction projects cannot be considered as normal
maintenance and shall be presented to each Council six (6)
months in advance for consideration and final approval by
resolution.
1
- 2 -
That if the Councils having joint jurisdiction over them fail
to agree as to the proportion of the expense to be borne by
each Corporation, the same shall be determined by arbitration.
7 . That by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain.
That the adjoining Corporation will be advised in writing of
any proposed traffic by-law amendments for comments a minimum
of thirty (30) days prior to approval by the governing
Council. The adjoining Corporation will be advised after the
by-law has been formally passed by the proper authorities .
That if the adjoining Corporation, after objecting to a
proposed By-law amendment, fails to agree the same shall be
determined by arbitration.
That the Corporation having jurisdiction over a roadway which
intersects the Boundary Road will assume responsibility of the
required regulatory warning and street name signs of the
intersecting road.
8. That in the event that a subdivision development occurs on
either side of a Boundary Road and works related to the
subdivision are required pursuant to the terms of the
subdivision agreement, the municipality that has entered into
the subdivision agreement may perform the works contemplated
therein on the Boundary Road without the consent of the other
municipality provided such other municipality is given notice
of such proposed work prior to the execution of the
subdivision agreement and provided the proposed work is
undertaken at no expense to the municipality which is not a
party to the subdivision agreement.
9 . That cost incurred regarding the maintenance of railway
crossings is to be shared equally by the adjoining
Municipalities.
10 . That this By-law be subject to the acceptance of both
municipalities and approved by their respective Councils .
11. That each party agrees to indemnify and save harmless the
other from any loss or damage arising from the want of repair
for the portion of the boundary road which each party has
agreed to maintain and repair in accordance with this
agreement and for the term of this agreement.
12 . That nothing in this agreement shall derogate from the
responsibility of either municipality to do such work as is
necessary in order to fulfil any obligation imposed by c.M.45,
s .271, of the Municipal Act R.S.O. 1990, as amended. In the
event that either party is obligated to make such an
expenditure it shall be reimbursed upon demand being made for
those costs expended upon that portion of the Boundary Road
which the other party has agreed to maintain and repair at its
expense.
13 . That this agreement shall supersede all former Boundary Road
agreements between the parties hereto.
3 -
14. That nothing in this agreement shall oblige either party to
open for public travel, maintain or repair any portion of the
Boundary Road allowance that is designated as "unopened" or
"unimproved", as illustrated on the plan attached as Schedule
"B" .
15. That the term of this agreement shall commence on the date of
its execution by the later of the parties to execute it and
shall terminate ten ( 10) years less one (1) day from the date
of such execution as per the Municipal Act R.S.O. 1990,
c.M.45, s.271, and continue until repealed by either Council
giving written notice at least sixty (60) days prior or this
agreement may be amended if the change is mutually agreed upon
by both councils.
16 . That this agreement shall be registered in the Land Registry
Office of the Land Registry Division in which the highway is
situated with the authorizing by-laws of the two
municipalities .
Executed under the seal of the Corporation of the Municipality of
Clarington this day of Cc {v 1993.
DIANE HAMRE MAYOR
PAT I B I CLERK
ecuted under the seal of the Township of Hope this X21 day of
1993 .
IAN W. M. ANGUS lWYEW
FRANCES AIRD CLERK
SCHEDULE "B" TO BY—LAW 93-158 '
I •
TO k rNSHIPD.IIOHF ANVERS
CON 10
CON 9 TOWNSHIP OF CAVAN
---- -----------------
FORMER TO WNSHI
0 CLA R ICE
CON 8
N LEGEND
CON 7
E Township of Hope Responsibility,
(8112m) Year Round Maintenance Program
__ kCG10NAL__; ~ ROAD
A-2_�
p Municipality of Clarinqton Responsibility,
CON 6 $ (7000m) Year Round Maintenance Program
— ensnneone■ Unopened/Unimproved Road Allowance
—_—_� —__L—LCONCESSION ROAp
z (4000m)
� S m
CON 5 o
CONCESSIO 2000m N ROAD 5
CON_ SIGN R04D 6—1WP OF INA E
CON 4 -
� 1800m
CONCESSION ROAD 4
CON 600m TO WNSHIP OF HOPE'
3 1500m
3
2
CONCESSION ROOD 3
c3
CON 2 a
C _ o
g
o C—�
NICHWAy _ CC—''
> C
HIGHWAY N0. 401 CD
CON 1 — —°
nII
CONCESSION ROAD II 1
llllll _
BF A o
W o =
s 5 -
BF B�"
AGREEMENT FOR THE NORMAL MAINTENANCE C:\ATTACHS\CLARKE\BNDRYRD
AND REPAIR OF BOUNDARY ROADS DRAWN =Y: J DATE: SEAT, 1993
BETWEEN MUNICIPALITY OF CLARINGTON
AND TOWNSHIP of HOPE SCHEDULE "B11
TE) BY bftW 93- t3
BOUNDARY ROAD AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE TOWNSHIP OF HOPE
WHEREAS The Boundary Road is a public right-of-way forming a
boundary between the Corporation of the Municipality of Clarington
and the Corporation of the Township of Hope.
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Hope have agreed to provide for
its maintenance and repair by entering into this agreement.
NOW, THEREFORE this agreement witness that the parties hereto do
covenant and agree as follows :
1. That the Corporation of the Municipality of Clarington at its
expense, shall maintain the Boundary Road situated south of
the Sixth Concession Road Allowance of the Township of Hope
during the entire year.
2 . That the Corporation of the Township of Hope, at its expense,
shall maintain the Boundary Road situated north of the Sixth
Concession Road Allowance of the Township of Hope during the
entire year.
3 . That the ordinary road maintenance shall be performed in
accordance with the Ministry of Transportation guidelines .
Ordinary maintenance shall include grading, ditching, salting,
snow-fence, signing, culvert maintenance, and roadside
maintenance and shall be done without sharing cost.
4 . That the original installation of entrance culverts will be
the responsibility of the municipality in which that lot is
registered. The cost incurred for original installations will
be charged to the property owner:
That the location of the entrance culverts shall be mutually
agreed upon by a representative of the Corporation of the
Municipality of Clarington and the Corporation of the Township
of Hope.
5 . That work projects, such as surface treatment and level
railroad crossing improvements, that cannot be considered as
normal maintenance shall be presented to each Council on or
before March 30th of any year for consideration and final
approval . If the Councils having joint jurisdiction over them
fail to agree as to the proportion of the expense to be borne
by each Corporation, the same shall be determined by
arbitration.
6 . That reconstruction projects cannot be considered as normal
maintenance and shall be presented to each Council six ( 6)
months in advance for consideration and final approval by
resolution.
2 -
That if the Councils having joint jurisdiction over them fail
to agree as to the proportion of the expense to be borne by
each Corporation, the same shall be determined by arbitration.
7 . That by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain.
That the adjoining Corporation will be advised in writing of
any proposed traffic by-law amendments for comments a minimum
of thirty ( 30) days prior to approval by the governing
Council . The adjoining Corporation will be advised after the
by-law has been formally passed by the proper authorities .
That if the adjoining Corporation, after objecting to a
proposed By-law amendment, fails to agree the same shall be
determined by arbitration.
That the Corporation having jurisdiction over a roadway which
intersects the Boundary Road will assume responsibility of the
required regulatory warning and street name signs of the
intersecting road.
8 . That in the event that a subdivision development occurs on
either side of a Boundary Road and works related to the
subdivision are required pursuant to the terms of the
subdivision agreement, the municipality that has entered into
the subdivision agreement may perform the works contemplated
therein on the Boundary Road without the consent of the other
municipality provided such other municipality is given notice
of such proposed work prior to the execution of the
subdivision agreement and provided the proposed work is
undertaken at no expense to the municipality which is not a
party to the subdivision agreement.
9 . That cost incurred regarding the maintenance of railway
crossings is to be shared equally by the adjoining
Municipalities .
10 . That this By-law be subject to the acceptance of both
municipalities and approved by their respective Councils .
11 . That each party agrees to indemnify and save harmless the
other from any loss or damage arising from the want of repair
for the portion of the boundary road which each party has
agreed to maintain and repair in accordance with this
agreement and for the term of this agreement.
12 . That nothing in this agreement shall derogate from the
responsibility of either municipality to do such work as is
necessary in order to fulfil any obligation imposed by c .M. 45,
s .271, of the Municipal Act R.S.O. 1990, as amended. In the
event that either party is obligated to make such an
expenditure it shall be reimbursed upon demand being made for
those costs expended upon that portion of the Boundary Road
which the other party has agreed to maintain and repair at its
expense.
13 . That this agreement shall supersede all former Boundary Road
agreements between the parties hereto.
3 -
14 . That nothing in this agreement shall oblige either party to
open for public travel, maintain or repair any portion of the
Boundary Road allowance that is designated as "unopened" or
"unimproved" , as illustrated on the plan attached as Schedule
"B" .
4
a
15 . That the term of this agreement shall commence on the date of
its execution by the later of the parties to execute it and
shall terminate ten ( 10) years less one ( 1) day from the date
of such execution as per the Municipal Act R.S.O. 1990,
c .M.45, s .271, and continue until repealed by either Council
giving written notice at least sixty ( 60) days prior or this
agreement may be amended if the change is mutually agreed upon
by both councils .
16 . That this agreement shall be registered in the Land Registry
Office of the Land Registry Division in which the highway is
situated with the authorizing by-laws of the two
municipalities .
Executed under the seal of the Corporation of the Municipality of
Clarington this day of Q�� b�� , 1993 .
E(DWE-HAMRE MAYOR
k
s
P TT RI CLERK
Executed under the seal of the Township of Hope this day of
�ec _ 1993 .
IAN W. M. ANGUS
FRANCES AIRD CLERK
SCHEDULE "B" TO BY—LAW 93-158 l�
. y
rO 211ANV1,,RS
CON 10
- --
CON 9 I'O 1yNS�1111j OF CAVAN
-�
POhA1111" ' 7 r0 W NS111 p_-
O r C,GPI 1 L l i L -
kf,N) _
I CON 8 ILI
E
II s ' ---- LEGEND--- — -- ---
CON 7
Township of Hope Responsibility,
(8111m) Year Round taintenance Program
•iOi1^I ` ku..0 Nu y
Municipality of Clurington Responsibility,
1 � �
CON 6 �, (7000rr�) Year Round Maintenance Prugrum
I „ o����en������ Unupenc4�lln nprr,ved Rood Allomince
If
' 400(Jrn
CON 5
o
CON 4
1 1800rn
n
Co II �. __6ao�� 0YVNlSr1111' OT
CON
n
-1500tn
CUN(:(iYJN k(P11 J--
i
CON 2 r
_ CON 1 —
BF A
+ BF B j
rl
AGREEMENT FOR THE NORMAL MAINTENANCE [C\AI-fA(IIS\CIhRK[\[3rdD�zrr�U
AND REPAIR OF BOUNDARY ROADS
11)RAWN HY: A1 10k_(
BETWEEN MUNICIPALITY OF CLARINGTON -- ��'
AND TOWNSHIP OF HOPE SCHEDULE "B"
i