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HomeMy WebLinkAbout93-159 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- 159 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 Scugog. 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 Scugog. 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 Scugog, 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 maintenance of Boundary Road situated from Durham Regional Road 57 westerly to the City of Oshawa/Municipality of Clarington Boundary Road; b) An undertaking by the Corporation of the Township of Scugog for maintenance of Boundary Road situated from Durham Regional Road 57 easterly to the Township of Manvers/Municipality of Clarington Boundary Road; c) The term of the agreement shall not exceed ten (10) years from the date of its execution by the latter 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. Page 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 third time and finally passed this 12th day of October, 1993. DIANE HAMRE MAYOR ATT I CLERK Z' DYE&DURHAM Co.INC.—Form No.985 Document General Amended NOV.1992 D Ontario Form 4—Land Registration Reform Act (1) Registry ek� Land Titles E] (2) Page 1 of pages (3) Property Block Property Identiller(s) Additional: See ❑ Schedule Additional: See Schedule 00 (4)Nature of Document C\2 C= BOUNDARY ROAD AGREEMENT q A1,P A(4 Zd-OA 12 elv&R Y-L–.4 WA n (5)Co r. &271 d the Municipal Act) z 0 o p = Not Applicable Dollars$ W 0) (6)Description 0 C­ W iL ILL u_ 0 The Boundary Road between the Municipality of Clarington (Geographic Township of Darlington) and the Township of Scugog (formerly Township of Cartwright) lying between the westerly and easterly New Property Identifiers Additional: limits of the Township of Scugog, Regional schedule ❑ Municipality of Durham. Executions (7)This (a) Redlescription (b) Schedule for: Additional: Document New Easement Additional see El contains: Plan/Sketch ❑ Description Parties El Other Schedule (8)This Document provides as follows: Certified Copy of By-law 93-159 of The Corporation of the Municipality of Clarington. Certified Copy of By-law 47-93 of The Corporation of the Township of Scugog. Boundary Road Agreement made between The Corporation of the Municipality of Clarington and The Corporation of the Township of Scugog made the 29th day of November, 1993. Continued on Schedule (9)This Document relates to instrument number(s) [0:1 (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE NfLJNICIPALITY bF lffLAMN&6N . . . BY: . . . . .by its-solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nicholas T.-Macos. . . . . . . . . . . . . . . . . . . . i . . . . . SHIBLEY RIGHTON . . . . . .per Nicholas T.-Macos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Address for Service 40,Temperance Street. Bowmanville, Ontario, L1C 3A6 (12) Party(les) (Set out Status or Interest) Dy ate of SM ignature Name(s) Signature(s) D .THE.CORIPQRAT SON.OF.THE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOWNSHIP OF SCUGOG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . . . . .i. . . (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax _j Z Registration Fee 0 loo - UJ SHIBLEY, RIGHTON Not Assigned Suite 1800 401 Bay Street U. U_ Toronto, Ontario, M5H 2Z1 0 cc Attn: Nicholas T. Macos 0 U. Total A. .o �11 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 Scugog, made the 29th day of November, 1993 pursuant to By-Law 93-159 of The Corporation of the Municipality of Clarington and By-Law 47-93 of The Corporation of the Township of Scugog which affects the following lands: y (a ISO, 8,W" C-f t4G CC'Ac The boundary road between the Municipality of Clarington, (Geographic Township of Darlington) and Township of Scugog (formerly Township of Cartwright) lying between the westerly and easterly limits of the Township of Scugog, 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 etropolitan ) Toronto this day ) of November, 1994. ) Nicholas T. Macos iH DESCkWTiON OF HE LAND IN THIS INSTRUMENT DOES NOT COMPLY WITH THE REGULATIONS TINDER THE REGISTRY ACT. A REFERENCE PLAN WILL BE REQUIRED TO DESCRIBE THIS LAND IN SUBSE T REGI T TIONS, THE CORPORATION OF THE TOWNSHIP OF SCUGOG Certified a tr e copy BY-LAW NUMBER 47-93 j uddie Clerk-Administrator 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 SCUGOG.. WHEREAS the Council of the Corporation of the Township of Scugog, 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 Scugog; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SCUGOG Enacts As Follows: 1. That the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Township of Scugog, 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 Scugog, 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 maintenance of Boundary Road situated from Durham Regional Road 57 westerly to the City of Oshawa/Municipality of Clarington Boundary Rd; b) An undertaking by the Corporation of the Township of Scugog for maintenance of Boundary Road situated from Durham Regional Road 57 easterly to the Township of Manvers/Municipality of Clarington Boundary Road; c) The term of the Agreement shall not exceed ten(10) years from the date of its II execution by the latter 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 �I damage arising from the want or repair of their respective portions of the Boundary Road; and i 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 i registered in the Land Registry Office. 2. nat this By-Law and the Agreement attached hereto as Schedule "Ap and map attached hereto as Schedule "B" be registered in the Land Registry Office. sh come into full=force-end effect on the day of passing. �. This By--Law all Y p Read a First, Second and Third time and finally passed this 29th day of November, 1993. i �I it R A INISTRATOR/CLERK �I ii ii ii i i �I i i � I, SCHEDULE "A" TO BY-LAW 47-93 BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG 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 Scugog. AND WHEREAS the Corporation of the Municipality of Clarington and the Corporation of the Township of Scugog 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: I. That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated from the west limit of Regional Road 57 westerly for a distance of 1,250 m, during the entire year. 2. That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated between Enfield Road and Townline Road, a distance of 2,000 m during the summer months only. 3. That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated from the easterly limit of Avery Road/Fowler Line easterly for a distance of 850 m during the entire year. 4 . That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated between the easterly limit of Regional Road 57 and the westerly limit of Avery Road/Fowler Line, a distance of 2,000 m and situated from a point 850 m east of the easterly limit of Avery Road/Fowler Line easterly to the Township of Manvers boundary, a distance of 3,960 m during the summer months only. 5 . 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. 6 . 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 Scugog. 2 - 7 . 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. 8. That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six months in advance for consideration and final approval by resolution. 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. 9 . 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 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. 10. 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. 11. That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities. 12 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 13 . 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. 14 . 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 Section 284, 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 3 - Boundary Road which the other party has agreed to maintain and repair at its expense. 15 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 16 . 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 17 . 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 years less one 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 . 18. 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 12th day of October , 1993 . DIANE HAI+RE MAYOR P TTI I CLERK Executed under the seal of the Township of Scugog this J, �� �. day ofti� ,,, .-6 « , 1993 . 0 ARD HALL MAYOR . CUDDIE, ADMINISTRATOR-CLERK LEGEND Unopened/Unimproved Rood Allowance (4050m) monsoons Municipolily of Claringlon Responsibility, Summer Maintenance Program (2000m) Municipality of Clorington Responsibility, Year Round maintenance Program (1250m) I I■110 Township of Scugog Responsibility, Summer Maintenance Program (5960m) Township of Scugog Year Round Maintenance Program (850m) SUBJECT SITE; TO N'NSHIP OF SCUCOC �p 4050m 1250m 2000m 850 "'- ROVrMRr RMp E `e 0l@Cnes@ Lf i T'19�r ?i' Y��!'/�r !':n/,�'�fjf�_ _ ft�lf�li�ft [,I� l�' a 'i8,I1a14 I,+5i[ X II y g coNccsvaN R[uo G BURK ON ------'- -- - u Q r 4 pn n P P xn u n lFOP,AfEiz III' )F U Ll CT[ / rII ,.I aw JI6 fA — - I__x—_,-,. ILICONCESS�a/RD r Ca 2[s N RD. 7 2 I[ o F- OmCES& M R0. 6 ( —g -- C C[S40M 0_6 pH �4,• JNICI AI�11'Y ( I�, CA,A1%) 1NC�rI'() N i" AGREEMENT FOR T14E NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS _ BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG ` C: ATTACIIS DARE f3NEII?YRI) BRAWN BY- Jtt4 SCHEDULE [[B[[ f THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- 159 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 Scugog. 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 Scugog. 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 Scugog, 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 maintenance of Boundary Road situated from Durham Regional Road 57 westerly to the City of Oshawa/Municipality of Clarington Boundary Road; b) An undertaking by the Corporation of the Township of Scugog for maintenance of Boundary Road situated from ' Durham Regional Road 57 easterly to the Township of Manvers/Municipality of Clarington Boundary Road; C) The term of the agreement shall not exceed ten ( 10) years from the date of its execution by the latter 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. CERTVIED TRUE COPY P 0 ARRIE "Town Clem Page 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 third time and finally passed this 12th day of October, 1993 , r D E HAMRE MAYOR TT ARRIE CLERK l i is SCHEDULE "A" TO BY-LAW 93-159 BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG 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 Scugog. AND WHEREAS the Corporation of the Municipality of Clarington and the Corporation of the Township of Scugog 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 Boundary Road situated from the west limit of Regional Road 57 westerly for a distance of 1,250 m, during the entire year. 2 . That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated between Enfield Road and Townline Road, a distance of 2,000 m during the summer months only. 3 . That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated from the easterly limit of Avery Road/Fowler Line easterly for a distance of 850 m during the entire year. 4 . That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated between the easterly limit of: Regional Road 57 and the westerly limit of Avery Road/Fowler Line, a distance of 2,000 m and situated from a point 850 m east of the easterly limit of Avery Road/Fowler Line easterly to the Township of Manvers boundary, a distance of 3,960 m during the summer months only. 5 . 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. 6 . 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 Scugog. 2 - 7 . 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. 8 . That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six months in advance for consideration and final approval by resolution. 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. 9 . 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 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. 10 . 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. 11. That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities . 12 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 13. 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. 14 . 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 Section 284, 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 A. 3 - Boundary Road which the other party has agreed to maintain and repair at its expense. 15 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 16 . 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" . 17 . 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 years less one 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 . 18. 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 . i Executed under the seal of the Corporation of the Municipality of Clarington this 12th day of October , 1993. DIANE HA14RE MAYOR P TTI RI CLERK Executed under the seal of the Township of Scugog this Lit-k day of ti; .-to ­ , 1993 . HO ARD HALL MAYOR . CUDDIE, ADMINISTRATOR-CLERK SCHEDULE "B" TO BY—LAW 93—RISDI � LEGEND Unopened/Unimproved Road Allowance (4050m) 066666®! Municipality of Clorington Responsibility, Summer Maintenance Progrorn (2000rn) Municipality of Clorington Responsibility, Year Round maintenance Program (1250rn) M I 1■11 M Township of Scugog Responsibility, Summer Maintenance Program (5960m) Township of Scugog Year Round Maintenance Program (850m) SUDJECT SITE TOWNSHIP OF SCUCOC 10 4050m� 1250m —2000m� 850 `— 39b »- ROUNMRV RnAD �A 66■e�0i01ff/i� f�l?iff�l��l rsrnf ,r/jrr _ Its 11a1161t :Ht:l�tl:�ni x ° coNC[ss oN _g ROAD 'L„o f �� --– _ - Y xn A q @II Ji u 1 FOR IVIZ TOlVJVS I/P )F D L CT( j... NII c all OtW_gOAR Nn 1 JI - RCCIOIUI ROM No 7 u 111 CONCESSION RD 7 CONCES N R0. 7 — A o CONCESSI N RD. 6 n rc C 'CESSION 0. 6 J N I C�I LI hY ( IAA C”LA II I N (" T C)N-- III II �, IAUN)ON ROM\�_— AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG C.- Ak TACI IS\DARL\E3NDI'\Yf�L? DRAWN BY_Jlt1 ;l-��I 1`�`�_�� SCHEDULE "B" BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG 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 Scugog. AND WHEREAS the Corporation of the Municipality of Clarington and the Corporation of the Township of Scugog 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 Boundary Road situated from the west limit of Regional Road 57 westerly for a distance of 1,250 m, during the entire year. 2 . That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated between Enfield Road and Townline Road, a distance of 2 ,000 m during the summer months only. 3 . That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated from the easterly limit of Avery Road/Fowler Line easterly for a distance of 850 m during the entire year. 4 . That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated between the easterly limit of Regional Road 57 and the westerly limit of Avery Road/Fowler Line, a distance of 2,000 m and situated from a point 850 m east of the easterly limit of Avery Road/Fowler Line easterly to the Township of Manvers boundary, a distance of 3,960 m during the summer months only. 5 . 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. 6 . 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 Scugog. 2 - 7 . 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. 8. That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six months in advance for consideration and final approval by resolution. 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. 9 . 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 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. 10. 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. 11. That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities . 12 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 13 . 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. 14 . 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 Section 284, 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 - 3 - Boundary Road which the other party has agreed to maintain and repair at its expense. 15 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 16 . 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 IIB,# 17 . 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 years less one 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 . 18 . 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 12th'' day of October 1993 . DIANE H MAYOR ATT ARRI CLERK Executed under the seal of the Township of Scugog this day of , 1993 . OWARD HALL MAYOR E S. CUDDIE, ADMINISTRATOR-CLERK . SCHEDULE "B" TO BY—LAW 93-111581 �Q ti LEGEND D/Ij//Ai Unopened/Unimproved Road Allowance (4050m) ®®em11®®® Municipality of Claringlon Responsibility, Summer Maintenance Program (2000m) Municipality of Cloringlon Responsibility, Year Round maintenance Program (1250rn) I I®I I M Township of Scugog Responsibility, Summer Maintenance Program (5960m) FOR Township of Scugog Year Round Maintenance Program (850m) SUBJECT SITE TOWNSx1P of SCUCOr, Q00r� ---- 4050n, --"� 1250m —2000m--� 850 396 m 1� !nouNOnHV Rohn I ("�'�.�a 1.1 Sj.(�1 OUR n d a yll 1 o II Y NCE55!1�1? FORMER 7'011,N SIP F D LI VCT6 J II l� f LIOIWJiONL.J1O ) _ QJL _.!t(CIONA4 RON)NO. 7 coNCE551ON RO 7 COIICES`Lm IB r i n o I o CUNf,C 551 N N0. fi �s Jl- t(;( ON '0. 6 1NICI �I I ]'�Y ( Ii, CI���I ) INC:' rI'() N ) \\ r AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS ----------_.. --------------- - - --------- BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG --- -- --- __ _ C:�ATIACI IS�DARL�BNDRYR[) DRAWN-= flY. JM4 0A '�IIJ II'--IM SCHEDULE "B"