Loading...
4059 Schedule A - Drainage Agreement Max Underhill's Farm Supply Ltd- I - 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 3019785.1 -2- 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. 3019785.1 - 3 - 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 ... ... l ... I •• ... ... ... ..... g 0 w ll ~ 0 ... .... "' ... .... LU .... ~ ... ~ z .. ! I .. :::> 8 ... ' ~ .. • 5 I .. I Iii g w ~ II ll LU z i ~ ::::; ... ... 0 .. ... I § • i i I ~ ... ~ • 9 ... • I . ... ~ ... ..... ~<II ... ' ~ ~ ~ ...... ' ... ... I .. ... ~ I ~ • • -~ 'lf .. ~ II>~ EXISTING DRAINAG PIP£ rlto. TO U£ LOCATED AND q ROUTED. AROUND SWM AREA ~ VA AS NECI:;SSARY ~ \ \ ~?~ I l 0.. ~) ~\: \ "" rlt"" ~~%\s /I /. ~1-~ I ,./ ..... -.... --' ... .e. .. " .!\p ... e.: ~ \ IV I ~ I f I I I t} , ·-rlt .t>-""-~ IV ·~~ . GRASS .r ~ Ji I ~· .t l ,f I .tl (t q , ~ l."':;.'t\~ ~'t~ N . .r: GRASS Q .!II !It "" ., !t25m WAlER SERVICE FROM fiEICISTING SI1E TO FIRE 1~ RESERVOIR TANK TO ALlOW r · FOif FILLING OF' TANK I GRA.'IIB. I --................... ---~~-~ •-m-•-B-v-"f I I I . !§I ., Iii n r I M I