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HomeMy WebLinkAboutWD-141-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of October 28, 1980. ITEM: WD-141-80. DATE: October 15, 1980. SUBJECT: Tile Drainage Agreement - Mr. Wetherup. BACKGROUND: Mr. G.B. Wetherup, the owner of property located in Lot 31, Con- cession 9, former Township of Darlington, has made application to the Town for a Tile Drainage Loan in respect of drainage he intends to install on his lands. REPORT: The proposal has been discussed with the Applicant and, in order to gain an outlet for the the drainage system, it will be nec- essary for the latter to cross Enfield Road. In view of the above involvement of Town-owned property, Mr. Wetherup 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 rests with the Owner) . 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 the to cross the adjoining lands. ��r l - 2 - ]he 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. RECOM[E=ION: THAT, in respect of the installation of the the drainage system proposed by Mr. G.B. Wetherup, owner of lands in Lot 31, Concession 9, former Township of Darlington, wherein the system is required to cross Town of Newcastle lands, the Mayor and the Clerk be authorized to sign a Mutual Agreement in respect of same and, further, that any costs involved be borne by the Applicant. JF:vh �r.»u1RlAY� ... ;s CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORDS DEPARTMENT J.W.Dunham,Director HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231 Mr. G.B. Wetherup, R.R. # 2. , BLACKSTOCK. Ontario. September 25, 1980- Dear Sir: Re: Tile Drainage - Enfield Road crossing. Attached, for your review, is the Mutual Agreement in respect of the crossing on Enfield Road for the tile drainage system. This is required in order to gain an outlet for same. It is my understanding that Mr. Glen Marquis will be the party completing the work but, as he has not yet actually purchased the property, the Agreement is forwarded to yourself for signing. Should you find this document satisfactory, it would be appreciated if you would sign same and return it to this office at your earliest convenience. Should you have any queries in regard to this matter, please do not hesitate to call my office. E . ;5 Yours truly, OCT 9 1980 J. Ferguso , C.E.T. , TOV+,ry OF rvtwcASTLE Deputy. J. Dunham. Director. cc: J. Dunham. JF:vh att: A G R E E: M E N T AGREEMENT made in duplicate this day of OCTOBER 19 80 BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the Party of the First Part, and, G.B. WETHERUP of Lot 31 Concession 9 former TOWNSHIP OF DARLINGTON now Town of Newcastle in the Regional Municipality of Durham, more-partica7arlg-descried hereinafter called the Party of the Second Part. THIS AGREEh;ENT is made under the Authority of Section 2 of The Drainage Act, 1975. WHEREAS the Party of the Second Part desires to obtain an outlet for a the drainage system on Lot 31 Concession 9 and, ' WHEREAS it is necessary to construct an outlet on the property of the Party of the First Part, within the municipal road allowance between Lots 30 & 31, Concession 9, former Township of DARLINGTON. now Town of Newcastle, the Party of the First Part and the Party of the Second Part do hereby agree that the work shall be constructed, repaired and maintained according to the following conditions: 1. The properties affected by this drainage agreement are described as follows: The municipal road allowance between Lots 30 & 31 Concession 9 in the former Township of Darlington now Town of Newcastle, being the property of the Party of the First Part . . . . . - 2 - . . . and Pant o6 Reg.istened Ptan N[unbeh T nstAument Numbest Pant Lot 31 Concession 9 60Pme"' DARLINGTON now Town o6 Newcastft, being the pupenty o6 the Panty o6 the Second Pant. . 2. The drainage system Zeaves the Panty o6 the Second Pant's pn.opeltty appttoximatety 0.8 miles south of Concession 9 and mosses the prtopenty o6 the Panty o6 the FiAzt Pant , and empti"u easterly across the property owned by �cTlCf�—cT� Le—�Uf�t— ZUf WILFRED BOWMAN. 3. The dttain on the jycopenty o6 the Pa,cty o6 the Fi ut Pant shaU be eonstltucted o6 6 plastic the app,tox motet y 3 feet be tow the ground sun6ace. The pipe "cs to be 30 fttong. 4• The Panty o6 the Second Pant, hii6 empZoyees and wonhmen may en ter on and may co nzttutct the d to n on the pn.o p en t y o6 the Panty o6 the F.iu t Pant w c-th n ,Six months o6 the date 06 agreement. 5. The Panty o6 the FiAz t Pant shat not be tiabZ e 6 o tc ahy damages to the dkain caul,ed by the Panty o6 the FZi s t Pant, ptto v.id ed that the Panty o6 the Fi u t P a.'Lt exenc,iZe3 tea6onabte ccvte. w- - 3 - 6. The Party or the First Part ::h,,11 not be responsible / for maintaining the tile drain crossing the Municipal road allowance that will ensure free flow of water away from the drain. The Party of the First Part shall not obstruct the flow from the drain by filling in the ditch or by placing obstructions. 7. On .reasonable notice in writing to the Party of the First Part, the Party of the Secong Part may have resonable access to the property of the Party of the First Part to repair or maintain the drain. The Party of the First Part shall allow access for repairs, maintenance or inspection of the drain within one (1) week of the Party of the Second Part giving notice. 8_ The entire cost of construction, repair and maintenance of the drain shall be borne and paid by the Party of the Second Part. 9. This Agreement herein contained, when executed by the Parties hereto, shall be registered in the proper Registry Office and any costs shall be borne by the Party of the Second Part. The provisions herein con- tained shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and assigns. IN WITiPESS WHEREOF THE PARTIES HERETO HAVE HEREUNTO set their hands this day of 19 (Seal) MAYOR CLERK Party of the First Part l� n','tness Party of the Second Part 1"