4059 Schedule A - Drainage Agreement Max Underhill's Farm Supply Ltd-
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Agreement made in triplicate this 61h 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 3Qih 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
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
(hereinafter referred to as the "Bayham")
OF THE FIRST PART
OF THE SECOND PART
and
THE CORPORATION OF THE TOWN OF
TILLSON BURG
(hereinafter referred to as the "Tillsonburg")
OF THE THIRD PART
WHEREAS Underhill's are the owners of part of Lot 17 and 18, Concession 5, being
Parts 1 and 2, Plan 11 R-9809, PIN 35344-0291 in the Municipality of Bayharn 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 Tillson burg
Lands");
AND WHEREAS Underhill's desires to obtain an outlet to the Bayham and Tillsonburg
drain over the water course and 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
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sufficiency of which consideration is hereby acknowledged, the parties hereto hereby agree
each with the other, as follows: -. ·
I. The properties affected 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 11 R-9809, PIN 35344-0291 in the Municipality of Bayham in the
County of Elgin (hereinafter.referred to as the "Underhill's Lands");
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.
2. The outlet drainage works (hereinafter referred to as the "Drainage Agreement Works")
to provide the outlet to the Bayham and Tillsonburg 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) 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;
(b) a concrete manhole at the outlet with a back flow preventer and a shut off valve
to isolate the drainage works in the event of a spill generating contaminated
runoff;
(c) an existing 525mm pipe to connect to the pond outlet.
3. Bayham and Tillsonburg agree that Underhill's may enter on the Bayham and
Tillsonburg 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. Bayham and Tillsonburg shall not be liable for any damage to the Bayham . and
Tillsonburg drain which may be caused by Underhill's as it undertakes the DraiAage
Agreement Works.
6. · Underhill's shall not obstruct the flow of water along the Bayham and Tillsonburg drain
from 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
Tillsonburg for repairs, maintenance or inspection of the Drainage Agreement Works,
including improvements of the Drainage Agreement Works. To exercise such right to
access Bayham and Tillsonburg shall give reasonable notice in writing to Underhill's.
8. 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.
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1 0. The parties hereto agree that no affidavit of subscribing witness to the execution of this
Drainage Agreement 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-~ day of
October, 2016.
WitneCs
COMMISSIONERS AFFIDAVITS ACT
R.S.O. 1990, Chap. C17, Sec 1 (2)
TOWN OF TILLSON BURG
"Certified True Copy"
a Zu,~~ v.f/(n,u.
JJe~v!y Clerk..
MAX UNDERHILL'S FARM SUPPLY LIMITED
Pee~ Na~nSebok
Title: President
I have authority to bind the corporation.
THE CORPORATION OF THE MUNICIPALITY
OFBAYHAM
Per:
Per:
We have the
corporation
THE CORPORATION
TILLSON BURG
to bind the
THE TOWN OF
Name: 5 ietJ lie11
Title: tna Mar mayor
Per:
c:::> :d..u.<A ,J/?Y)/ u
Name: Tr ;cl a_ 6/Y> iffJ
Title: :De;o u ly C/ ~,-k
We have the authority to bind the
corporation
3019785.1
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