HomeMy WebLinkAbout93-160 •F
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93- 160
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 Manvers .
WHEREAS, the Council of the Corporation of the Municipality of
Clarington, pursuant to c.M.25, 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
Manvers .
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 Manvers, attached hereto as
Schedule "A" and forming part of this by-law providing;
a) An undertaking for maintenance by the Corporation of the
Municipality of Clarington of Boundary Road situated
between Kings Highway 35 and Kings Highway 115;
b) An undertaking for maintenance by the Corporation of the
Municipality of Clarington of Boundary Road situated from
Regional Road 20 to the Corporation of the Township of
Scugog Boundary Road;
c) An undertaking for maintenance by the Township of Manvers
of Boundary Road situated east of Kings Highway 115;
d) 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;
e) Any major work or proposed construction on any portion of
the Boundary Road be consented to by resolution of the
Council of each party;
f) 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
g) 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 third time and finally passed this 12th day of
October, 1993 .
DIANE HAMRE MAYOR
ATT ARR CLERK
% DYE 3 DURHAM DO.INC.—Form No.985
Amended NOV.1992
�rgiin°, , Document General D
-.Ontario Form 4—Land Registration Reform Act
(1) Registry ('D{ Lan Page 1 of IQ pages
(3) Ideno rt s) Block Property V
Additional:
See
CSC C%J >- Schedule ❑
4".2 0— U') i=�
�t (4)Nature of Document
BOUNDARY ROAD AGREEMENT A NO Aa TH-0AI!Z�A,
C ' ' Section 271 of the Municipal Act B -L A w
Y „may (5)Consideration 3 _ p
Not Applicable Dollars$
tF (6)Description
_s
LLi Firstly The Boundary Road between the Municipality of Clarington
U. (Geographic Township of Clarke) and the Township of Manvers
¢ commencing at the easterly limit of the Township of Manvers and
o extending westerly 9,372 meters, Regional Municipality of Durham.
Sef ondly Darlington/Manvers Townline between the Municipality of
New Property Identifiers Clarington (Geographic Township of Clarke) and the Township of
Additional: Manvers commencing at the northerly limit of the Municipality of
See
Schedule ❑ Clarington and extending southerly 3,027 meters, Regional
Executions Municipality of Durham.
(7)This (a) Redescription ; (b)Schedule for:
Additional: Document New Easement I Additional
See ED Contains: Plan/Sketch El Description Parties El Other
Schedule
(6)This Document provides as follows:
Certified Copy of By-law 93-160 of the Municipality of Clarington
Certified Copy of By-law 93-20 of The Township of Manvers
Boundary Road Agreement made between The Corporation of the Municipality of Clarington and
The Corporation of the Township of Manvers made the 12th day of October, 1993.
Continued on Schedule ❑
(9)This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
THE CORPORATION OF THE s2 j
MtJNICIPALTTY OF CLARINGTON By: �
i . .
. . . . . .by its.solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nicholas T.-Macon . . . . . . . . . . . . . . . . . . .
SHIBLEY RIGHTON
.per Nicholas T..Macos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . .
I ,
I
(11)Address
for service 40 Temperance Street Bowmanville Ontario LIC 3A6
(12) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
THE.CORPORATIQN.QF.T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOWNSHIP OF MANVERS
I
(13) Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax
ORegistration Fee 'P10,6 •�
SHIBLEY, RIGHTON In U boZ
Not Assigned Suite 1800 U
401 Bay Street LL
Toronto, Ontario, M5H 2Z1 °
cc
Attn: Nicholas T. Macos ° Total
1
Y Id-
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 Manvers made the 12th day of October, 1993 pursuant to By-Law 93-160 of the
Corporation of the Municipality of Clarington and By-Law 93-20 of The Corporation of the
Township of Manvers which affects the following lands: A, '"v
"C.(f& /4...&r. aspto Comc .lf.•— A*�d /{
Firstly: The Boundary Road"between the Municipality of Clarington (Geographic
Township of Clarke) and the Township of Manvers commencing at the easterly limit
of the Township of Manvers and extending westerly 9,372 meters, Regional
Municipality of Durham.
(a ISD A.+ o w„ as C an G eSSfO n /�D� o{ A�su'u w c e
e and: Darlington/M. vFrs Townline'�between the Municipality of Clarington
wi .w y ... +......
(Geographic Township ofl%44 and the Township of Manvers commencing at the
northerly limit of the Municipality of Clarington and extending southerly 3,027
meters, 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 4 day ) / ,.7 _
of November, 1994. ) `� —z
Nicholas T. Macos
A Commissiotr, Etc.
ri Gf THE LAND iN THIS INSTRUMENT DOLS
COMPLY WITH THE REGULATIONS UNDER THE REGISTRY
A REFERENCE. PLAN WILL BE REQUIRED TO DESCRIBE
LAND IN SUBSEQUE ATIONS.
3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93- 160
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 Manvers.
WHEREAS, the Council of the Corporation of the Municipality of
Clarington, pursuant to c.M.25, 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
Manvers.
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 Manvers, attached hereto as
Schedule "A" and forming part of this by-law providing;
a) An undertaking for maintenance by the Corporation of the
Municipality of Clarington of Boundary Road situated
between Kings Highway 35 and Kings Highway 115;
b) An undertaking for maintenance by the Corporation of the
Municipality of Clarington of Boundary Road situated from
Regional Road 20 to the Corporation of the Township of
Scugog Boundary Road;
c) An undertaking for maintenance by the Township of Manvers
of Boundary Road situated east of Kings Highway 115;
d) 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;
e) Any major work or proposed construction on any portion of
the Boundary Road be consented to by resolution of the
Council of each party;
f) 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
g) 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. _.._._.. _._..,
CERT IEq A 'RUE COPY
93
o
ATTI ' . BARRIE
Town 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 third time and finally passed this 12th day of
October, 1993 .
?HAMRE MAYOR
ATT
4CLERK
SCHEDULE "A" TO M.T. BY-LAW 93-20
SCHEDULE "A" TO BY-LAW 93- 160
BOUNDARY ROAD AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE TOWNSHIP OF MANVERS
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 Manvers .
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Manvers 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 between King's
Highway 115 and King's Highway 35, 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 from Regional
Road 20 to the Corporation of the Township of Scugog boundary,
a distance of 3,027 m, during the entire year.
3. That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from the
easterly limit of King's Highway 115 easterly for a distance
of 3,377 m, during the entire year.
4 . That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from a point
3,377 m east of the easterly limit of King's Highway 115,
easterly to the Township of Cavan boundary, a distance of
3,850 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 Manvers.
7 . That the 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 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.
8 . That the 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.
If the Councils having joint jurisdiction over them fail to
2 -
agree as to the proportion of the expense to be borne by each
Corporation, the same shall be determined by arbitration.
9 . That the by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain. 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
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 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.
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. "
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 (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
• a - 3 -
agreement may be amended if the change is mutually agreed upon
by both councils .
18. 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 12th day of October , 1993 .
DIANE :HARRE MAYOR
P4I .RWI r CLERK
Executed under the seal of the Township of Manvers this 6th day
of December , 1993 .
TE Y STAPL REEVE
/X/ `"-
DONNA M. WHITTEKER CLERK TREASURER
C'P
C) AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS
N BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF MANVERS
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3850m SUMMER MAINTENANCE PROGRAM ! /
® TOWNSHIP OF MANVERS RESPONSIBILITY I / DRAWN BY: JM DATE: SEPT. 1993
(3377m) YEAR-ROUND MAINTENANCE PROGRAM /
MUNICIPALITY OF CLARINGTON RESPONSIBILITY SCHEDULE "B"
4217 YEAR-ROUND MAINTENANCE PROGRAM
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THE CORPORATION OF THE TOWNSHIP OF MANVERS
BY-LAW NUMBER 93-20
Being a By-law to authorize the entering into of an agreement
between the Corporation of the Township of Manvers and the
Corporation of the Municipality of Clarington.
WHEREAS, the Council of the Corporation of the Township of
Manvers, pursuant to c.M. 25, 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
Manvers.
NOW THEREFORE, the Corporation of the Township of Manvers enacts
as follows:
1. That the Reeve and Clerk be authorized to execute, on behalf
of the Corporation of the Township of Manvers, 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 Manvers, attached hereto as
Schedule "A" and forming part of this by-law providing;
a) An undertaking for maintenance by the Corporation of
the Township of Manvers of Boundary Road situated from
the easterly limit of King's Highway 115 easterly for
a distance of 3 , 377 m, during the entire year.
b) An undertaking for maintenance by the Corporation of
the Township of Manvers of Boundary Road situated
from a point 3 , 377 m east of the easterly limit of
King's Highway 115, easterly to the Township of Cavan
boundary, a distance of 3 , 850 m, during the summer
months only.
C) An undertaking for maintenance by the Municipality of
Clarington, of Boundary Road, as outlined in Schedule
"A" attached hereto.
d) 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;
e) Any major work or proposed construction on any portion
of the Boundary Road be consented to by resolution of
the Council of each party'
f) 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
g) 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 registerd in
the Land Registry Office for each municipality.
CERTIFIED N TRUE COPY DECEMBER filth, 1993
Donna M. Whitteker, Clerk
2 -
By-law 93-20
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 time and second time this 6th day of
December, 1993 .
By-law Read a third time and finally passed this 6th day of
December, 1993 .
THE CORPORATION OF THE TOWNSHIP OF MANVERS
TMRY STAPIdS REEVE
DONNA M. WHITTEKER CLERK
SCHEDULE "A" M.T. By-law 93-20
SCHEDULE "A" TO BY-LAW 93- 160
BOUNDARY ROAD AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE TOWNSHIP OF MANVERS
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 Manvers.
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Manvers 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 between King's
Highway 115 and King's Highway 35, 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 from Regional
Road 20 to the Corporation of the Township of Scugog boundary,
a distance of 3,027 m, during the entire year.
3 . That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from the
easterly limit of King's Highway 115 easterly for a distance
of 3,377 m, during the entire year.
4. That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from a point
3,377 m east of the easterly limit of King's Highway 115,
easterly to the Township of Cavan boundary, a distance of
3,850 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 Manvers.
7 . That the 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 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.
8 . That the 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.
If the Councils having joint jurisdiction over them fail to
2 -
agree as to the proportion of the expense to be borne by each
Corporation, the same shall be determined by arbitration.
9 . That the by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain. 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.
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 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.
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. "
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 (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
13
3 -
agreement may be amended if the change is mutually agreed upon
by both councils .
18 . 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 12th day of 'October , 1993.
0,0
D ANE HILXRE MAYOR
P TT ARR CLERK
Executed under the seal of the Township of Manvers this 6th day
of December , 1993 .
TERRY STAPLES REEVE
///�- «�- e_
DONNA M. WHITTEKER CLERK TREASURER
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DRAWN BY: JM DATE: SCI T. 1993
FFTMM TOWNSHIP OF MANVERS RESPONSIBILITY
(3377m) YEAR-ROUND MAINTENANCE PROGRAM �
MUNICIPALITY OF CLARINGTON RESPONSIBILITY I SCHEDULE "B"
4277 YEAR-ROUND MAINTENANCE PROGRAM
I
�5
BOUNDARY ROAD AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND
THE CORPORATION OF THE TOWNSHIP OF MANVERS
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 Manvers .
AND WHEREAS The Corporation of the Municipality of Clarington and
the Corporation of the Township of Manvers 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 between King's
Highway 115 and King's Highway 35, 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 from Regional
Road 20 to the Corporation of the Township of Scugog boundary,
a distance of 3,027 m, during the entire year.
3. That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from the
easterly limit of King's Highway 115 easterly for a distance
of 3,377 m, during the entire year.
4. That the Corporation of the Township of Manvers, at its
expense, shall maintain Boundary Road situated from a point
3,377 m east of the easterly limit of King's Highway 115,
easterly to the Township of Cavan boundary, a distance of
3,850 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 Manvers .
7 . That the 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 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.
8. That the 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.
If the Councils having joint jurisdiction over them fail to
A9
- 2 -
agree as to the proportion of the expense to be borne by each
Corporation, the same shall be determined by arbitration.
9 . That the by-laws regulating traffic will be applied by the
Corporation having jurisdiction over that portion of roadway
that it has undertaken to maintain. 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.
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 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.
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. "
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 (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
3 -
agreement may be amended if the change is mutually agreed upon
by both councils.
18. 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 12th day of October , 1993 .
DIANE HAMRE MAYOR
P TT I CLERK
Executed under the seal of the Township of Manvers this 6th day
of December , 1993.
TERRY STAPLES STAPLES REEVE
DONNA M. WHITTEKER CLERK TREASURER
AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS
1
BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF MANVERS
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