HomeMy WebLinkAboutWD-84-82 4�
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1J0 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 12, 1982.
REPORT NO. WD-84-82.
SUBJECT: CEAN INVESTMENTS (OSHAWA) LIMITED.
HIGH STREET SUBDIVISION, BOWMANVILLE.
C.P. RAILWAY PIPELINE AGREEMENT.
RECOMMENDATIONS:
It is respectfully recommended:
1 . That this report be received, and,
2. That the Mayor and Clerk be authorized to enter into an
Agreement with the Canadian Pacific Railway Company for
the construction and maintenance of a twenty-four (24) inch
diameter storm sewer, three (3) manholes and one (1 ) catch
basin, at Mileage 163.63, Belleville Subdivision, to serve
the Cean Investments (Oshawa) Limited High Street subdivision,
and,
3. That the documentation fee of Fifty Dollars ($50) and Annual
Rental Fee of Seventy Dollars ($70) be assessed to Messrs.
Cean Investments (Oshawa) Limited, until the proposed works
are assumed for maintenance by the Town of Newcastle.
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BACKGROUND AND REPORT::`
The Consultant for Cean Investments (Oshawa) Limited, in co-operation
with Public Works ' Staff, have prepared a storm sewer outfall design
for the High Street Subdivision. The design satisfies the needs of
the Developer and fulfills the requirements of the Town and C.P. Rail .
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WD-84-82 _ 2 _
The approved design accommodates drainage from the Subdivision,
and the existing watercourse running south from Third Street and
Bernard Street. Provision has been made for a future Storm Sewer
to fill in the open watercourse south from Third Street. C.P. Rail
benefits from the design as railway drainage ditches are accepted
into a catch basin, Manhole # 2, on the south side of the tracks.
The section of open ditch between the Railway property and Liberty
Street will be a closed-pipe system. By having this Pipeline
Agreement in place, the owners of the High Street Subdivision are
able to proceed with their plans for development.
Respectfully submitted,
R.G. Dupuis, P. Eng. ,
Director of Public Works.
October 4, 1982.
DTG:vh
11 vpplcmantary Letters Patent the name , I `d)
,dian Pacific Railway Company" has
been changed, and such name wherever R
® appearing herein 0311 ba fend as °Canadian FILE NO: 163.63
Pacific Limited".
6 . Belleville .Subdivis!
Canadian ac, e Railway Company
AGREEMENT FOR THE LAYING OF PIPE LINES. TATER PIPES. SETERS,
CONDUITS, ETC., UNDER RAILWAY LANDS.
THIS AGREEMENT made .in triplicate this 26th day
of May 19 82, 1
CANADIAN PACIFIC BETWEEN:
APPROVED CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called the
"Railway Company",
Superintendent
of the First Part;
and
Reg. Engineer
CORPORATION OF TU TOWN OF NEWCASTLE, Hampton, Ontario,
Asst. to
P hereinafter called the "Applicant",
of the Second Part;
LocatI an WHEREAS the Applicant has applied to the Railway Company for
permission to construct and maintain under railway lands a twenty—
four (24) inch diameter storm sewer, three (3)
manholes and one (1) catch basin at Mileage 163.63,
Belleville Subdivision — — — — — — — —
as shown on the plan hereto attached, dated the 29th day
of September , 19 .81 , 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 24" diameter sW3 n sewer,
3 nznholes and 1 catch basin shall be known and designed as the "said works".
construction, 2. That the Railway Company hereby permits the Applicant to
maintenance construct, maintain and repair the said works under the Railway
OW Company's lands and railway as aforesaid subject to and in accordance
with the rules and 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
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Work of 3. That any work of supporting the Railway Company's tracks or
supporting structures or of protecting train movements made necessary by the
tracks construction,maintenance or repair of the said works shall be performed
by the Railway Company and the Applicant shall pay to the Railway
Company 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 ;I,,
of Canada, and material handling cost as may be currently applicable
on the Railway Company.
PiacemstA 4. As directed by the Railway Company or required by the eppli-
sign :able Commission Order, that the Applicant at its own expense shall
install and maintain at locations satisfactory to the Railway Company, ~te61�
signs prominently marking the said worksaxck
Suporvlst®at S. That the work of construction, renewal and repair of the said
gin,
works shall be subject. to the supervision of a representative of the
JA Railway Company 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 obligation under
this a reemenc. The A Itcant shall the to the Jocal S g 8 PP g uperintendent of the Railway Company at least forty-eight hours' notice in writin of
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intention to do such anrk, which notice period shall not be deemed to ( �d�
inctuae. Saturdays, Sundays, and statutory holidays. When construction,
renewal or repairs have been completed. the property of the Railway
Company 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 Railway
Company.
lwen,ity G. That the Applicant shall at all times wholly indemnify the
the Railway Company from and against all loss, costs, damage, injury
and expense to which the Railway Company may be g 1 y
y P y y 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.
Al Acant's � 7. That subject to and in conformity with any rules or regulations
r... toyees on now or hereafter in force governing railway employees,or the operation
Railway's PW of railways, the Applicant and the agents and employees of the Appli-
premises cant shall have the right to enter upon the lands of the Railway
Company 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 Railway Company shall assume all risks of and the
Railway Company 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 Railway Company, and the Applicant
shall indemnify and save harmless the Railway Company 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 Railway Company is necessary, the Railway Company
may carry out such work of repair or maintenance itself as agent of the
Applicant, and- the Applicant shall pay to the Railway Company 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 Railway
Company.
9. That the Applicant shall indemnify the Railway Company from
Taxes 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-Railway Gcupaa►y"as Compensation 'for the
permission hereby granted, the sum of ,Seventy,Dollars ($70:00 - per annum, in advance:'';
on the 1st day of June in each year, during the continuance of this agreement,
that on the termination of this agreement by either party biereto during any cone
year, there shall be no prorata adjustment of ,such sum. ��A doctmientation fee of $50.00
in addition to, the first year rental., pis payable-by the'Applicant on receipt of a fully
executed copy of, the Agreement. Subsequent rental to be $70.00 per armtan.
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MQVWV a 11. That should the Railway Company at an ume desire or be
alteration Y P Y Y r t.�; i
ordered by the Canadian Transport Commission, or other authority . 1A
having jurisdiction, to make such changes in the Railway Company's
tracks, structures or facilities as would in the opinion of the Railway
Company necessitate the moving or alteration of the said works herein +0( It
r contemplated, or should the Railway Company desire to build on the
property crossed by the said works, or use it for any other purpose, or
deem it necessary in order to protect its cracks, structures or property
to make Arty change in the location or construction of said works, the
Applicant shall at Its own expense and to the-entire satisfaction of the
Railway Company perform all such work of moving or alleging or
carrying our protective measures to safeguard the said works as may be
necessary within one month after receipt of notice so to do, and should
the Applicant fail to perform such work of moving of altering within
the time specified the Railway Company shall have the right to do such
work as agent of the Applicant and the Applicant shall pay to the
Railway Company the entire cost of all such work forthwith upon receipt
of certified accounts therefor on the basis of cost plus labour
A.
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 Railway Company, and all the provisions of this
agreement shall apply to the said works while being moved or altered
and in their changed condition or location and to the parties hereto in
respect thereof.
Assignment 12. Tnat 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 Railway Company.
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 Railway Company for all payments
due and obligations incurred thereunder prior to the date of such
termination. The notice above mentioned may be given by mailing it
postage prepaid and registered, addressed to the Superintendent of the
Railway Company in the Division in which the said works is located,
or to the Applicant at the address mentioned above.
Agreement 14. That this agreement shall, subject to clause 12 hereof, enure
binding to the benefit of and be binding u the parties hereto, the successors
successors R P on e P
and assigns and assigns of the Railway Company, and the heirs, executors, admin-
istrators, successors and assigns of the Applicant.
Removal or 15. And that upon the termination of this agreement the Applicant
wafu shall, if requested by the Railway Company so to do, remove at the
expense of the Applicant the said works from the lands of the Railway
Company, and restore the property of the Railway Company to its }
original state and condition; provided that the Railway Company 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 Railway Com-
pany as agent of the Applicant as provided for in this clause shall
have been carried out to the entire satisfaction of the Railway Com-
pany.
I )
IN WITNESS whereof the parties hereto have executed these presents.
CANADIAN PACIFIC RAILWAY COMPANY.
Vice-President.
Assistant-Secretary.
CORPORATION OF THE TOWN OF NEWCASTLE;
CY>airman,
Clerk. JWitness far Applicant) :
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1 N5 OF 24 0 CL,M REl PROP 10"0 SANITARY SEWER
CONIC. PIPE
MIA. 5 cn
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EXIST. 24"0 CONC. CULVERT i p 60' OF 24 0 STEEL PIPE
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