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HomeMy WebLinkAbout2109A by-law to confirm an agreement with the Township of East Whitby to provide for the maintenance of boundary Road between the Township of Darlington and the Township of East Whitby. M E M OR A N D U M OF A G R E E M E N T Made this Twelfth Day of December, A. D. 1958; BETWEEN:- THE MUNICIPAL CORPORATION OF THE OWNSHIP E ST I Y, of the First Part; -and- THE MUNICIPAL CORPORATION OF THE TOWNSHIP 0 DARLINGTON, of the Second Part. WHEREAS the boundary road between the Township of East Whitby and the Township of Darlington, which is hereinafter more particularly defined, is recognized to be the joint responsibility of the Township Council of each Municipality. AND WHEREAS at a combined meeting of the Township Councils of these municipalities, held at the East Whitby Township Office at Columbus, Ontario, on November 17th, 1958, for this specific purpose, a satisfactory basis for the subsequent maintenance of the said boundary road was reached, the terms of which are herein set out. NOW THIS INDENTURE WITNESSETH that in consideration of these terms, and the mutual covenants and agreements herein cont- ained, the said Townships herein mutually covenant and agree as follows:- 1. The Township of Darlington will henceforth, on and after the effective date of this agreement, and continuing for the term of this agreement and any extension thereof as herein provided, assume the responsibility for the repair, re-construction (when necessary), and maintenance of that part of the boundary road between the Township of East Whitby, and the Township of Darlington running north from the north limit of the City of Oshawa, to the road allowance between Concession 5 and Concession b of the Town- ship of East Whitby, to the extent that for the purposes of this agreement, this section of the boundary road shall be deemed to be a road of the Township of Darlington. This section of the -Page Two- boundary road will be abutted on the west by East Whitby Township, 2' that part of Concession/north of the Oshawa City limits, Concession 3, Concession 4 and Concession 5, and abutted on the east by Darting ton Township, that part of Concession 3, lying north of the easterly extension of the north limit of the City of Oshawa, Concession 4, Cpncession 5, Concession 6, and that part of Concession 7, lying south of the easterly extension of the road allowance between Concession 5 and Concession b .of- Township of East Whitby, which said last mentioned road allowance and the easterly extension thereof shall be herein referred to as the division line. The Township of East Whitby will henceforth on and after the effective date of this agreement, and continuing for the term of this agreement and any extension thereof, as herein provided assume the responsibility for the repair, re-construction (when sary}, and maintenance, of that part of the said boundary road extending north from the division tine herein defined to the road allowance between Concession 9 and Concession 10 of the Township of Darlir~on, to the extent that for the purposes of this agreement, this section of the boundary road shall be deemed to be a road of the Township of East Whitby. This section of the boundary road is abutted by East Whitby Township on the west, Concession,6, Concession 7 and Concession 8, and that part of Concession 9 south the wesUerly extension of the road allowance between Concession and Concession 10 of the Township of Darlington, and abutted on the east by Darlington Township, Concession 8 and Concession 9, and t part of Concession 7, north of the dividing line. This agreement shall take effect from the date of its execution by both Townships and shall run for a period of ten years from the effective date, with an automatic renewal for a further ten years' period, unless terminated by either Township by written notic served at least six months prior to the expiration date. It is agreed herein by the Townships that those portions f the boundary road across Concession 4 East Whitby, and Concessi Darlington Township, and Concession 8, East Whitby, and Concessi Darlington Township, wilt be re-built by December 31st, 1961, work to be completed by the responsible Township, according to - Page Three - terms of this Agreement. IN WITNESS WHEREOF THE TOWNSHIPS HEREIN HAVE AFFIXED iR CORPORATE SEALS AS ATTESTED BY THE HANDS OF THE PROPER IGNING OFFICERS IN THAT BEHALF. IGNED, SEALED and DELIVERED in the presence of THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF EAST WHITBY, /~ Reeve. ~- - r ~.~...-~ er . THE MUN1f~IPAL CORPORATION OF THE TOWN5~11 P ~F DARLINGTON. /- ~. ~~.~ C e r cT-.