Body: Council Type: By-law Meeting: Regular Date: 2015 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2015 By-laws/By-law 2015-08 - Licence Agreement with Graeme Smith & Susan Chamberlain.pdf)
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2015-08
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A LICENCE AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSMP OF SOUTH FRONTENAC AND GRAEME SMITH & SUSAN CHAMBERLAIN GRANTING ACCESS OVER A TOWNSHIP-OWNED UNMAINTAINED ROAD.
WHEREAS a revised Licence Agreement has been prepared to the satisfaction of the Township of South Frontenac relating to Township land in Part of Lots 4 & 5, Concession XV, Stomngton District;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUT
FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and fhe Clerk are hereby authorized to execute a Licence Agreement between the Corporation of fhe Township of Soufh Frontenac and Graeme Smith & Susan Chamberlain, a copy of which is attached hereto and forms part oftius by-law.
THAT By-law 2014-50, being a by-law entering into a licence agreement with a previous property-owner for use of the Township land described as Part of Lots 4 & 5, Concession XV, Storrington District, Township of South Frontenac, is hereby rescinded.
THIS BY-LAW shall come into force and effect in accordance with section 28 of
the Municipal Act 2001, either upon the date of passage or as otherwise provided by the said section 28. Dated at the Township of South Frontenac this third day of February, 2015. Read a first and second time this third day of February, 2015. Read a third time and finally passed this third day of February, 2015. THE CORPORATION OF THE TOWNS OF SOUTH FRONTENAC
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THIS LICENCE AGREEMENT made this day of February, 2015. BETWEEN:
GRAEME SMITH & SUSAN CHAMBERLAIN Hereinafter called the “Owner” OF THE FIRST PART -and-
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Hereinafter called the “Municipality” OF THE SECOND PART
^tT^nt^en^!Li^:^!l!eTl.o^ne.r.in-fe,e sl.m.pl!°.fcertain lands located In the T°wnship of South Frontenac more particularly described in Schedule “A” (thei Owners’ Landsfc
^D,^lR^!^o.undl.of the corPoration ofthe Township of South Frontenac, by By-law 2015-08
^^I^fdt^^^^^cnee"dc^^^^d"^ten^^s^apnW unmaintained road, in Concession XV, Lots 4LntaflB^ & 5, District of ^
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Storrington, Township of South Frontenac;
AND WHEREAS the agreement Is a prerequisite to the issuance of building permit to the Owner for the Owner’s property in Concession XV, Lots 5 & 6, District of Storrington;
AND-.WHEREAS section 28’.(z)(a) of the Mun’c’Pal Act, 2001, c. 25, gives local municipalities jurisdiction overall road allowances located In the municipality; and whereas Councii is authoriied to licence the use of untravelled portions of highways under its jurisdiction;
!^ZH^EFO?E_W’.TN^SSETH t.hat’.“consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the parties agree witheachMother
follows:
- In this Agreement
a. “Licensees’ Property” means those lands owned by the Licensee described in Schedule “A” to this Agreement;
b. “Road Allowance” or “unmaintained road” means that portion of the unopened road allowance described in Schedule “B” to this Agreement;
c. “Private Lane Standards” means the minimum standards specified on Schedule “C” to this Agreement.
The Municipality grants to the Licensee a non-exclusive licence to use the Road Allowance for the purpose ofvehicular access to and from the Licensee’s property.
The term of this Licence shall be from the date of this Agreement to December 31, 2014. and thereafter from year to year.
Upon entering this Agreement, the Licensee shall pay the Municipality the sun of $10.00 and, prior to January 31 of each year thereafter, the further sum of $10.00 during the term of this Licence.
The Licensee acknowledges that he has no rights, title or interest in the Road Allowance other than as provided in this Agreement.
The Municipality may at any time require changes to this agreement by giving the Licensee a minimum of 60 days written notice.
The Licensee covenants with the Municipality:
a. To accept the Road Allowance in an “as is” condition and not to require the Municipality to pay for or do any work or supply any equipment or services in connection with the Licensee’s use of the Road Allowance; b. To pay the Licence fee;
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<” To obtain all necessary permits and approvals required by law;
d> ^t-,t-o-reT°^e_any trees01" commence any work, or make any changes in surfacing, ^^lan-dsca?m?..on.the Ro.ad Allowance except in accordance with plans and specifications submitted to and approved by the Municipality;
e. To meet^and maintamthe conditions of the Township’s policy on existing private lane standards as outlined in Schedule “B” to apply only when development is proposed; f. To keep the Road Allowance only for the purpose of access to and from the Licensee Property and not to interfere, obstruct or impede in any way the use of the Road Allowance by the Municipality or any other member of the public; g. To use the Road Allowance only for the purpose of access to and from the Licensee
Property and not to interfere, obstruct or impede in any way the use of the Road Allowance by the Municipality or any other member of the public; h. Not to assign or otherwise transfer this Licence without the prior written consent of the Municipality, which consent may be withheld with good cause; i. To erect and maintain a sign at the point of intersection of the Road Allowance and the travelled road that states: “Road Not Assumed by Municipality”, but otherwise not to erect any signs, fences, buildings, structures or fixtures on the Road Allowance without
the prior written consent of the Municipality;
j. To ensure that nothing is done or kept at or on the Road Allowance which is or may be a nuisance, or carry on any activity or do anything else, which causes disturbance to or
interferes with the users or occupants of any neighbouring property, or which in the opinion of the Municipality may cause damage to the road allowance or any neighbouring property;
k. To take, at the Licensee’s own expense, all measures necessary to ensure to the Municipality’s satisfaction that any municipal services or utilities now or in the future
on, under or adjacent to the Road Allowance are or will be adequately protected against damage, impairment, destruction or loss;
i. To ensure that no inflammable or explosive substances, contaminants, pollutants, or hazardous or environmentally sensitive materials are brought on to the Road Allowance, other than materials legally permitted on Township roads without special permit; m. Upon failure by the Licensee to comply with any covenants or obligations imposed under this Agreement within 14 days written notice requiring such compliance from the Municipality, the Municipality may enter the Road Allowance and fulfill such covenant at
the sole expense of the Licensee, who shall forthwith upon being invoiced therefor, reimburse the Municipality for all of its costs;
n. That the Municipality has no obligation during the term of this licence to compensate or reimburse the Licensee for any costs or expenses incurred by the Licensee to improve or maintain the Road Allowance, all of which will be done for the benefit of the Licensee and not the Municipality;
o. To indemnify and save harmless the Municipality from and against any and all manner of the claims, demands, losses, costs, charges, actions and other proceedings made or brought against, suffered by or imposed on the Municipality in respect of any loss, damage or injury to any person or property directly or indirectly arising out of, resulting from or sustained as a result of the Licensee’s occupation or use of the Road Allowance; p. To further indemnify and save harmless the Municipality from and against any and all claims, demands, losses, costs, charges, actions and other proceedings under the Construction Lien Act in connection with any work done for the Licensees at or on the
Road Allowance, and to promptly attend at the Licensee’s expense to the removal of every claim for lien or certificate of action having to do with such work within 14 days of
being notified in writing by the Municipality to do so, failing which the Municipality may
attend to such removal and recover the expense and all attendant costs from the Licensee;
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q. To maintain in force at all times during the term of this licence and any renewal thereof, at the Licensee’s expense and in the names of the Licensees and the Municipality, coverage for legal liability for bodily injury, death or property damage in an amount of
not less than two million dollars, and to provide the Municipality with proof of such insurance no later than the 15th day of January each year upon request.
- This Agreement shall be binding upon, and enure to the benefit of, the parties and their respective successors and assigns.
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first set out above.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Per:
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Ron Vandewal^a^lpr
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Wayne ^r/^k-^iinistrator
Licensees
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SCHEDULE"A" THE OWNERS" LANDS
Township of South Frontenac, District ofStorrington , Concession XV, Part Lots 5 and 6.
SCHEDULE “A” THE OWNER’S LANDS
Township of South Frontenac, District of Storrington, Concession XV, Part Lot 5
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SCHEDULED" “ROAD ALLOWANCE” *»
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SCHEDULE"C" TOWNSHIP OF SOUTH FRONTENAC PRIVATE LANE STANDARDS
Tflfwnship
South Proutfirtac
Road and Laae Standards Policy
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Public Ro»d
Private Lane
Existiue Lanes
20.0 m(66| feet)
20.0m (66 feet)
.waive
Width, of clearing
9,0m (30 j| ect)
9.0m (30 feet)
20feet
Surface vndlh
6.0m (7.Q ^ect)
4.5m (15 feet)
13 feet
duahed Bfajiue
crushed stone
crushed stone
Depth of material, mtTiirnnm
375 nun (3]5 inches)
100 mm (4 Inches)
100 mm (4-inches)
Shoulder, including touuding
1.0m(3,^et)
ml
ml 1%
fteui ^Jtght-ofway -wdfti;
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Surface matcdal *
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Crcrwa,.mimmum
2%
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Cross culvert, minimum
400 mm (I 6 inches)
400 mm (16 inches) na flooded
CSP.
CSP
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Culvejrt. material
CSP f
Maximum grade
12% (lin 8)
10% (1 in 10)
to allow safe passage to allow safe passage
TACstaruNis
Geometries
iy/o(-lm8)
of emergency velucles ofetnergency vehicles *
0.5m (1.5 fed)
0.6m (211 et)
Ditches, nninimimi depth
top of road
from cmwn to bottom of
at l&ast 1 ft.
ditch
above existing. grade
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CSP: comigated steel pipe
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TAC: Tran8pprtatioaAssociatitiu of Canada »
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Adopted by Council December 19,1006.
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