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HomeMy WebLinkAboutWD-104-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of September 2, 1980. ITEM: WD-104-80. DATE: August 20, 1980. SUBJECT: Tile Drainage Agreement. BACKGROUND: In April and July of 1980, Mr. Ken Allin, the owner of property in parts of Lots 7 & 8, Concession 6, former Township of Darlington, made application to the Town for a Tile Drainage Loan in respect of drainage he intends to install within 47 acres of his lands. REPORT: The proposal was discussed during an on-site inspection with Mr. Allin and it was felt that the optimum outfall would be via a drain along the north limit of Concession 6, outfalling the system into the creek which crosses Mr. Allin's property and Concession 6. As the outfall would be located on Town-owned property, Mr. Allin was advised that it would be necessary for him to enter into a mutual agreement with the Town prior to any construction, and with this he concurred. The purpose of the proposed mutual Agreement is: 1. To define the exact location of the outfall. 2. To determine and confirm the responsibility for the construction and maintenance of the outfall. (In most cases the responsibility would be the owner's.) 3. To confirm that the Town will not obstruct the free flow of water from the drainage system. Presently, all landowners wishing to install drainage systems which would cross an abutting owner's property, are required to enter into an agreement with their neighbour,- thus defining and identifying all responsibility and permitting the tile to cross adjoining lands. r i - 2 - The Agreement herein proposed is similar to that which is entered into between private parties, with the exception that the signat- ures of the Mayor and Clerk of the Town of Newcastle are required. All such Agreements should be registered on the Title of the landowner's property, and the use of these Agreements is recomm- ended, wherever possible, by the Ministry of Agriculture & Food. RECOMNMNDATION: THAT, in respect of the installation of the tile drainage system proposed by Mr. Ken Allin, owner of lands in Lots 7 & 8, Concession 6, former Township of Darlington, wherein the system is required to cross Town of Newcastle lands, the Mayor and Clerk be authorized to sign a Mutual Agreement in respect of same, and, further, that, any costs involved be borne by the Applicant. i CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORK$DEPARTMENT J.W.Dunham,Director HAMPTON,ONTARIO LOB i JO TEL.(416)263.2231 Mr. Ken A11.in, R.R. N 4. , BOWMANVT.LLE. Ontario. August 18, 1980. Dear Sir: Re: Tile Drainage Outlet. Attached is a document of Agreement between yourself and the Town of Newcastle in regards to the proposed outlet for the tile drainage system which you intend to complete in the near future. This Agreement, which will be registed on Title, permits you to install the drain on Municipal property, and clarifies that you will bear the responsibility for all construction and maintenance costs. You are asked to review the attached and, if you are in agreement with the content thereof, sign and return the document to this office at your earliest convenience. Should you have any queries or concerns relative to this matter, please do not hesitate to contact this office. Yours truly, J. Fergu�n, C.E.T. , Deputy J. Dunham. Director. JF:vh att: