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HomeMy WebLinkAbout2000-20 +` v THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000-20 Being a By-law to authorize the execution of a Pipe Crossing Agreement between Canadian Pacific Railway and The Corporation of the Municipality of Clarington for the construction and future maintenance of a proposed storm sewer at Mileage 165.60, Plan 18T-88047 NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of The Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Pipe Crossing Agreement between Canadian Pacific Railway and the said Corporation for the construction and future maintenance of a proposed storm sewer. BY-LAW read a first and second time this 21"day of February 2000. BY-LAW read a third time and finally passed this 21S`day of February 2000. R C RK R.E. 22 -04/88 Agreement No. XP40216560A CANADIAN PACIFIC RAILWAY COMPANY Agreement for the Laying of Pipelines, Conduits, etc., on Railway Lands Crossing The Railway ' / THIS AGREEMENT made in triplicate this a of , to be effective the 1st day of June, ne thousand nine hundred and ninety-nine, BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY,hereinafter called the"CPR", of the First Part; and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the"Applicant", of the Second Part; Location WHEREAS the Applicant has applied to the CPR for permission to construct and maintain under railways lands at mileage 165.6, on the Belleville Subdivision in the Municipality of Clarington, in the Province of Ontario, a 1500 mm Conc. Stm. CL 140-D pipe as shown on the plan hereto attached,dated the 2nd day of June, 1999,which plan is hereby declared to be part of this agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as follows: Designation 1. That for the purpose of this agreement the said 1500mm Conc. Stm. CL 140-D pipe shall be known and designated as the"said works". Construction, 2. That the CPR hereby permits the Applicant to construct,maintain and repair the said works maintenance under the CPR's lands and railway as aforesaid subject to and in accordance with the rules and and repair regulations of the Canadian Transport Commission now made or which may hereafter be made in reference thereto,and to the terms and conditions of this agreement. Work of 3. That any work of supporting the CPR's tracks or structures or of protecting train movements supporting made necessary by the construction, maintenance or repair of the said works shall be performed by the tracks CPR and the Applicant shall pay to the CPR the entire cost of all such work forthwith upon receipt of certified accounts therefore on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the CPR. Placement of 4. As directed by the CPR or required by the applicable Commission Order, that the Applicant signs at its own expense shall install and maintain at locations satisfactory to the CPR, signs prominently marking the said works and their distance underground. PLE kEl li(AL Supervision 5. That the work of construction, renewal and repair of the said works shall be subject to the supervision of a representative of the CPR whose instructions shall be strictly followed and whose wages and expenses shall be paid by the Applicant, but the Applicant shall not thereby be relieved from any of its obligations under this agreement. The Applicant shall give to the CPR at five days' notice in writing of intention to do such work, which notice period shall not be deemed to inchxk, Saturdays, Sundays, and statutory holidays. When construction, renewal or repairs have been cted, the property of the CPR shall be restored by the Applicant to its former condition, and the Applicant shall at all times maintain the said works in good order and condition and to the entire satisfaction of the CPR. Indemnity 6. That the Applicant shall at all times wholly indemnify the CPR from and against all loss, costs, damage, injury and expense to which the CPR may be put by reason of any injury or damage to persons or property caused by the said works or by any substance being carried in the said works or by any works herein provided for,or by the imprudence,neglect or want of skill of the employees or agents of the Applicant in connection with the laying, maintenance, renewal, repair, moving, altering or removal of the said works, or the use thereof, unless the cause of such loss, cost, damage, injury or expense can be traced elsewhere,the burden of proof whereof shall be upon the Applicant. Applicant's 7. That subject to and in conformity with any rules or regulations now or hereafter in force employees on governing railway employees, or the operation of railways,the Applicant and the agents and employees CPR premises of the Applicant shall have the right to enter upon the lands of the CPR at such times as may be necessary for the purpose of the construction, maintenance, inspection, removal and repair of the said works herein contemplated; and that all persons so entering upon the lands of the CPR shall assume all risks of and the CPR shall not be liable for any injury (including injury resulting in death), loss, damage or expense to such person or his property while on the lands of the CPR, and the Applicant shall indemnify and save harmless the CPR against all claims and demands arising or resulting from any injury(including injury resulting in death)loss, damage or expense in connection therewith. Default 8. That if at any time during the continuance of this agreement, the Applicant shall neglect to do such work of repair or maintenance as in the opinion of the CPR is necessary,the CPR may perform such work of repair or maintenance itself as agent of the Applicant, and the Applicant shall pay to the CPR the entire cost of all such work forthwith upon receipt of certified accounts therefor on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada,and material handling cost as may be currently applicable on the CPR. Taxes 9. That the Applicant shall indemnify the CPR from and against all taxes or assessments of any description whatsoever levied by any authority in respect of the said works herein contemplated. Fee 10. THAT the Applicant shall pay to the CPR for the permission hereby granted, a one-time fee in the amount of ONE THOUSAND dollars ($1,000.00)plus GST, payable prior to the effective date hereof. During the initial five(5)year period following the effective date, should this agreement be terminated by the CPR for any reason, other than for default, failure or neglect on the part of the Applicant, then the CPR shall reimburse to the Applicant one-half (1/2) of the prepaid fee without interest. Assignment 12. That the Applicant shall not assign, transfer or dispose of this agreement or of the rights and privileges conferred thereby,without the consent in writing,first obtained, of the CPR. Termination 13. That this agreement shall continue and be in force for a period of one(1)year from the date hereof, and from year to year thereafter, subject, however, to termination at any time by either party giving to the other party a written notice naming therein a date at least three(3)months from the giving of such notice upon which this agreement shall terminate and on the day so named in such notice this agreement and all rights and privileges thereunder shall come to an end, provided that notwithstanding such termination the Applicant shall continue to be liable to the CPR for all payments due and obligations incurred thereunder prior to the date of such termination Agreement 14. That this agreement shall, subject to clause 12 hereof, enure to the benefit of and be binding binding upon the parties hereto, the successors and assigns of the CPR, and the heirs, executors, successors administrators, successors and assigns of the Applicanti and assigns Pi _ASE IN'T1AL THIS IS THE PLAN REFERRED TO IN THE ATTACH" DOCUMENT l , PLEASE INITIAL CONTRACTOR TO BE RESPONSIBLE FOR 'LOCA TION OF ALL EXIST. NOTE U G & OVERHEAD UTILITIES. VARIOUS UTILITIES CONCERNED TO cal 1500mmo CONC STM. 1 FOR GENERAL NOTES AND LEGEND SEE DWG. G-101. BE GIVEN REQUIRED ADVANCE NOTICE PRIOR TO ANY DIGGING, I ) FOR STAKE OUT. THE CONSULTANT ASSUMES NO RESPONSIBILITY 25ommo CONC. FOR THE ACCURACY OF THE LOCATION OF EXISTING UTILITIES I I C.L.F. BASE 2) MEASUREMENTS IN METRES AND/OR MILLIMETRES UNLESS AS INDICATED ON THIS DRAWING. MILE 16 OTHERWISE SHOWN. I I I SUBOWISION �Eu-�VI��� 1 1 ` 3) ALL WORKS WITHIN C.P.R. RIGHT-OF-WAY SHALL BE DONE SEE DWG. No. P-106 j E j IN ACCORDANCE WITH GENERAL ORDER E-10 (REGULATIONS 20.om Q Y 4 6FO RESPECTING PIPE CROSSINGS UNDER RAILWAYS) OF Q 10.0 1 10.0 C.P. RAIL R.O.W. loo0 1 loon CANADIAN TRANSPORT COMMISSION, UNDER CHAPTER 1187 5.75 s.s 5.75 37.o3m �.,.J OF THE NATIONAL TRANSPORTATION ACT - RAILWAY ACT. Ljj W p p 1.2m C.L.F. 4) C.P.R. TO BE GIVEN WRITTEN NOTIFICATION AT LEAST 0.7 `� 16.95 20.08 F ./ �(N-603 MODIFIED) z ,_„_ ' 48 HOURS PRIOR TO COMMENCEMENT OF ANY WORKS 0 0 Z V o I WITHIN C.P.R. RIGHT-OF-WAY. INSPECTOR WILL BE Q 3 90 25 _ E o F E b APPOINTED AND PRESENT DURING CONSTRUCTION. CA 9 E A h Cpl 5.) SIGNS NOTING THE PRESENCE OF BURIED PIPELINE SHALL ` O I U 52.010 HP ) HAMMN (n G TO BE REMOVED ° BE PLACED WHERE THE PIPELINE CROSSES THE C.P.R. ON oti S � DURING AGE 2 CONSTRUCTION - o RIGHT-OF-WAY. E TEMPORARY GABION HEADWALL o 15.550 D o� to o ^ o "° 26 BLOCK 68 SEE DETAIL #1 "' 1500mmO GABION LIST 6) ALL DISTURBED AREAS WITHIN THE C.P.R. RIGHT-OF-WAY a 20ommvec9 I E 1.2 EASEMENT 2 CODE SIZE NUMBER TO BE TOPSOILED AND SODDED, OR RESTORED TO THE =.007- - — -' — — J 12m 250mmO ORIGINAL CONDITION TO THE SATISFACTION OF THE Z o ___-___ �' N E 1500mmO STM RIP-RAP D 2000x100ox500 2 ar - 130W 1500MMO STM MH300 1500mmO TM WITH TERRAFIX 270R E 3000x100ox500 3 FILED ENGINEER. _.. - UNDERLAY PLAN VIEW F 4000x1000x500 3 0 0 250MM � N o ,r, SA O 52.002 N r` _ _ _ _ W n � � �A� � r,c�``� x'�•i��i�, k' ���,c����Xy' �< ` x BACKFILL ,ri o� N _ — — — CAST-IN-PLACE \ *, � . ; ,'X�XS `' �P� O ` ti r K � � X 1 rp CONC �i I g 1.8 EASEMENT '9 '``� r �' X k K \ x. W MANWOLE SEE DETAIL O �. 1 { * x SLOPE 3:1 (max.) 26.678 h s ,c �' x� X t C n ' CV DWG. No. C-101 r f, xy k STREET 27 Q FF S' u�x n " 1.2m C.L.F. x KC key C � .�n (N-603 MODIFIED) ��" y y ;, < x�• �; �,� `�, 51 997 1O --J N Z 2 8 ,► 1 f�\ c� p __ p r, ,�" , ' E 6 5 \_A INTAKE CHAMBER V`®� I °o - In x' N FOR MAJOR OVERLAND FLOW Q G? •S I "' �� - I ` ` tt') N GRATING AS PER OPSD 403.010 O� I o E ���� E I I E I .- �g � 1 v \ 'iii I --1� � U_ E � SEE DETAIL & DWG No. C-102 CUPATI�N ---- Q o Q 'r F s a F f• IF F CV 10.751 APPROVED ` METAL GRATE 2��P I)' 3000 3000 5.75 8.5 5.75 � AS TO RAILWAY CLEARANCES ONLY OPSD 804.05 C L 250mmO RIP-RAP 10.0 10.0 WITH TERRAFIX 270R UNDERLAY 20.om 2.4m - FRONT VIEW RIGHT SIDE VIEW ' SEE DWG. No. P-106 NOISE 9�t/�s�s► DETAIL #1 - TEMPORARY GABION OUTLET HEADWALL y� BARRIER CANADIAN PACIFIC LIM4TED SCALE 1:50 C FENCE T 139 ti�gy do ? BOWMANVILL STORM SEWER OU TFALL WALL LOT 140 P/L 4.2m BLOCK 188 4.8m PAL LOT WALL 0 122.10 EASEMENT - - - - EASEMENT 122.10 21 75 -_ -- I P A Cr 121 - _ - -- -- -- 121 � o -- --- -- -- - -- - - -- - _ R --- -- - --- - _ _ _- Q - - - - --- -_ - ----- --- -- -- - -- - ----- -- - SUBJECT � -_ - - - --- --- --- -- -- 120 i • 120 - _ PROPERTY - - - - - -- - - -- - -- -- - __- -- -- -- _ - - _ - -- - -- - -- - - - -- r - - - _ .�e -- ---- - - -- - - - ---- - - - - - - -- -- -- 19- -- - — ---- -- - - _..- — --- - - _ --- -- - - - 19 119 _ - - --- -- - - -- - --- - ---- -- -- -- -- - - -- - -- - 118 118 - - ROAD - NTS 117 117 - - - - - - - - -- - - - ---_ • - - - ___ _ -_ _-- -- _ -_ -.._- - _ _ - -- - - _- -- -- - -_ - -- -- ---- ---- - -- - - -- - - --- - -- ---- - PPROVED - - � - - A APPROVED <. - — --- - -- --- -- --_ - -- -' - ---- --- -- -- -- --- --- - ----- - - — --- -- --- -- ---- --- -- -- --- - -- - --- - _ _ Date __ ,• . = Ff;- ___ _ _._ _ __ -�_ - -- - -- - --- - - --- - -- - - ---- - - Director Of Public Works P. Eng. -7 - --- - -- - - - - - - - -- -- - _ � : �, - -- --- - - -- — - -- - -- -- - _ -- - — -- - Works I rin ton -- ,: f .� � � r ,. -� ----.. - --- - -- -- --- -— ----- - - - _ — - - - - ' -- - _--- - -_-_ ---- -- -- -- -- --_-- ---- ---- - --- --- --- ---- - - Municipality of g Department Of W r ---- _ - - -- - - t ff/ / - _. - --- -- - - -- - - -- - - -_-- -- -- - --- -- --- --- - --- -- -'- -- -- _ -- - _ - -- - 1 1 6 APPROVED AS TO FORM IN RELIANCE UPON 116 - ---- ---- -- - - -- - - —:_.__ _- _-_ _t- -- -- -- - - - - --- - - — - -- —_ - - — - THE PROFESSIONAL SKILL AND ABILITY Region Of Durham — --� �- --- - - - - - - -- ----- --- - $--- -- -- -- - ----- -- -- - ---- --- -- — --- --- -- - - - - OF G.M. SERNAS & ASSOCIATES LTD. CTL1rCE: - -- - -- - - - -- - - - -- - -- - — - - -- - -- - - -- -- - _.. - - - --_ - -- -- - - - --_ -- -- -— — -- --- -- CONSULTING ENGINEERS AS TO DESIGN -- - --- -- --- -- --- - ---- - -- -- - --- - ---- - ---- --- -- - ---- Date. - - -- - TY --- — - +- - --- - — - -- - - --- --- - — --- --- -: :._ -:: — - -- _- ---- — — -- - - --- - - - - --- AND SPECIFICATION. 115 - -- -- _ --- -- - -- _ - -- _, - __ -___ - - _ Removal of 15. And that upon the termination of this agreement the Applicant shall, if requested by the works CPR so to do, remove at the expense of the Applicant the said works from the lands of the CPR, and restore the property of the CPR to its original state and condition; provided that the CPR may, at its option, perform such work as agent of and at the expense of the Applicant and in either case, the conditions embodied in paragraphs 6 and 7 hereof shall remain applicable and effective until such time as all work to be performed by the Applicant or by the CPR as agent of the Applicant as provided for in this clause shall have been carried out to the entire satisfaction of the CPR. IN WITNESS whereof the parties hereto have executed these presents. CANADIAN PACIFIC RAILWAY COMPANY OREST ROJIK AREA MANAGER,SUPPORT I have the authority to bind the Corporation Witness as to signature of the Applicant: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Name 6-y" �- Dian mre, Immayor Signature L'50ffir'-ffWa, Clerk Uwe have the authority to bind the Corporation NOTE: Any reference to the Canadian Transport Commission is also one to the National Transportation Agency.