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4059 ATT01- Registered Agreement - Drainage Agreement - Max Underhill's Farm Supply LimitedLRO # 11 Notice REGISTERED The applicant(s) hereby applies to the Land Registrar. Receipted as CT134279 on 2016 12 09 yyyy mm dd at 10:45 Page 1 of 6 I Properties I PIN 35344 -0291 L T Description PART OF LOTS 17 AND 18 CON 5 BAYHAM DESIGNATED AS PARTS 1 & 2, 11R-9809; MUNICIPALITY OF BAYHAM Address ELGIN PIN 35344 -0109 L T Description PT LT 17 CON 5 BAYHAM; PT N1/2 LT 18 CON 5 BAYHAM; PT S1/2 LT 18 CON 5 BAYHAM AS IN E375323 (SCHEDULE H); SfT E378035; SfT E447965; BAYHAM Address ELGIN @Onsi~ation ___ --· ------------· --] Consideration $0.00 I App/icant(s) -----· -] The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE TOWN OF TILLSONBURG Address for Service 200 Broadway Street Tillsonburg, ON N4G 5A7 I, Stephen Molnar, Mayor, and I, Donna Wilson, Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Statements ] This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedules I Signed By --] Patrick Joseph Kraemer Tel 519-886-3340 Fax 519-886-8651 45 Erb St. East, box 457 Waterloo N2J 485 I have the authority to sign and register the document on behalf of the Applicant(s). acting for Applicant(s) Signed 2016 12 09 lsub~itted By --------------J DUNCAN, LINTON LLP Tel 519-886-3340 Fax 519-886-8651 45 Erb St. East, box 457 Waterloo N2J 485 2016 12 09 I Fees/Taxes/Payment ---------~ Statutory Registration Fee $63.35 Total Paid $63.35 I File Number J Applicant Client File Number : 0040530 T - 1 • Agreement made in tri"plicate this 6th day of October 2016 . DRAINAGE AGREEMENT THIS DRAINAGE AGREEMENT is made under the authority of section 2 of the Drainage Act, R.S.O., 1990, Chapter D.17 as of the 30th day of May, 1996. BETWEEN: MAX UNDERHILL'S FARM SUPPLY LIMITED, a corporation duly incorporated under the laws of the Province of Ontario (hereinafter referred to as the "Underhill's") and OF THE FIRST PART THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Bayhamj OF THE SECOND PART and THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Tillsonburg") OF THE THIRD PART WHEREAS Underhill's are the owners of ~art of Lot 17 and 18, Concession 5, being Parts 1 and 2, Plan 11 R-9809, PIN 3534+0291 in .the Municipality of Bayham in the County of Elgin (hereinafter referred to as the "Underhill's Lands") and Bayham and Tillsonburg are the owners of part of Lots 17 and 18, Concession 5, in the said ;Municipality of Bayham in the County of Elgin, being PIN 35344-0109 (hereinafter referred to as the "Bayham and Tillsonburg Lands"); AND WHEREAS Undei'hill's desires to obtain an outlet to the Bayham and Tillsonburg drain over the water course a11d pond located on the Bayham and Tillsonburg Lands for a drainage system on the Underhill's Lands, and to that end it is necessary to construct the outlet onto the Bayham and Tillsonburg Lands; · AND WHEREAS the parties have agreed that such outlet work shall be constructed, improved, repaired, financed and maintained according to the terms and conditions of this Mutual Drainage Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of TEN ($10.00) DOLLARS now paid by each of the parties to the other, the receipt and 3019785.1 ------- -2-· sufficiency of which consideration is hereby acknowledged, the parties hereto hereby agree each with the other, as follows: · · ·· · · · . · 1. The properties !ilffected by this Drainage Agreement are described as follows: (a) (b) Underhill's are the owners of part of Lot 17 and 18, Concession 5, being Parts 1 and 2, Plan 11R-9809, PIN 35344-0291 in the-MunlciPaJity of Bayham in the County of Elgin (hereinafter.referred to as the "Underhill's Lands"); Bayham and Tlllsonburg are the owners of part of Lots 17 and 18, Concession 5, in the said Municipality of Bayham in the County of Elgin, being PIN 35344-0109. 2. The outlet drainage works (hereinafter referred to as the "Drainage Agreement Worksi to provide the outlet to the Bayham and Tlllsonburg ·drain for the drainage system on the Underhill's Lands shall be as set out on the site plan attached as Schedule • A" and shall consist of the following: · (a) (b) (c) in the West Infiltrating Pond (the SWM Pond on Schedule "A"), a 150 mm Hickenbottom outlet with a 150 mm outlet connected to an existing 525 mm storm pipe; a concrete manhole at the outlet with a back flow pi"eventer and a shut off valve to Isolate the drainage works in the event of a spill generating contaminated runoff; an existing 525mm pipe to connect to the pond outlet. 3. Bayham and Tlllsonburg agree that ·Underhill's may enter on the Bayham and Tlllsonburg Lands to construct the Drainage Agreement Works thereon. 4. Underhill's agrees that it will exercise reasonable care as it undertakes the Drainage Agreement Works. 5. Bayhl!lm and Tlllsonburg shall not be liable for any damage to the Bayham , and Tlllsonburg drain· which may be caused by rJnderhill's as It undertakes the DraiAage Agreement Works. 6. · Underhill's shall not obStruct the flow of water along the Bayham and Tillsonburg drain froni the outlet of the Drainage Agreement Works. 7. Underhill's shall allow access to the Underhill's Lands, from time to time, by Bayham and Tllisonburg for repairs, .maintenance or inspection of the Drainage Agreement Works, inclucllng Improvements of the Drainage Agreement Works. To exercise such right to access Bayham and Tlllsonburg shall give reasonable notice in writing to Underhilrs. B. The entire cost of the construction, improvement, maintenance and repair of the Drainage Agreement Works shall be borne and paid by Underhill's. 9. This Drainage Agreement, when executed by the parties hereto, shall be registered in the proper Registry Office and any costs of registration shall be borne by Underhill's. A copy of this Drainage Agreement shall also be filed by Underhill's with the Clerk of Bayham and Tillsonburg. 3019785.1 ' -3-10. The parties hereto agree that no affidavit of subscribing witness to-the execution of this Drainage Agreemen~ is required, as contemplated by paragraph 2(1) (7) of the Drainage Act, for the purposes of the registration of this Drainage Agreement in the proper registry office and, accordingly, the parties agree that the efficacy of this Drainage Agreement Is not affected by the absence of such an affidavit. 11. This Drainage Agreement shall run with the land and shall enure to the benefit of and shall be binding upon the · parties hereto and their respective heirs, administrators, executors, successors and assigns, as owners and occupiers of the Underhill's Lands and the Bayham and Tillsonburg Lands from time to time. IN WITNESS WHEREOF the parties hereto have signed this Agreement this /3-"f'L day of Octo!Jer, 2016. v1hk. Witn. COMMISSIONERS AFFIDAVITS ACT R.S.0.1990, Chap. C17, Sec1(2) TOWN OF TILLSONBURG "Certified Tne Copy'' C) .Z,u;;._ sJm /U . :J)e;ot/fy Clerk.. MAX UNDERHILL'S FARM SUPPLY LIMITED Per.~ Na~ Title: President I have authority to bind the corporation. THE CORPORATION OF THE MUNICIPALITY OFBAYHAM Per: Per. We have the corporation authority to bind the ' THE CORPORATION TILLSONBURG THE TOWN OF ~-~ Name: .S ietJ lie11 Title: mold().r P mayor er. :2 ~ . -' ~k(!j',. ;?'Y)J u Name: 7T rc/()._ mlfh Title: :De;a()-ly C! e.r k. We have the authority to bind the corporation 3019785.1 -----, I I I • < 9\7 3Nn ..uNnoo) 3Nn NO! 1VO I ...... .. -- 1 I - # .. IV 0, i If VA ,;\I\ I I "~ I· I , II H r~v; I "'··I % .1 I ~b~ . ·. 11 ~ ;I 'fOP !\~.., I e ~ .. I I I l1 I I· CRASS I .r I i .I/ I 4 MIN VOL.,.,.J!!~!DO U1RE BELOW ..,....,._ CONCR£1E TANK EQUIP.PEO WITH ORA ~>'j PIPE FOR FIRE HOSE ~ CONNEQlllj( ... <V I"; GRASS/ GRAVEL I ·-·-·-·-·-., I . ,~kij ...... fAn r