Body: Council Type: By-law Meeting: Regular Date: 2020 Collection: By-laws Municipality: South Frontenac
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Document Text
TOWNSHIPT OF SOUTH FRONTENAC BY-LAW2020-32
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERKTO EXECUTE A LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND ALASTAIR MATHERS GRANTING ACCESS OVER AN UNOPENEDTOWNSHIPROAD ALLOWANCE
WHEREAS a License Agreement has been prepared to the satisfaction of the Township of South Frontenac relating to the use of a portion of the unopened road allowance
between Concession 13 and 14, Part Lots 23 & 24, District of Loughborough, Township of South Frontenac;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENACBY ITS COUNCIL, HEREBY ENACTSAS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a License Agreement between the Corporation of the Township of South Frontenac and
Alastair Mathers, a copy of which is attached hereto and forms part of this bylaw.
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 14th day of July, 2020. Read a first and second time this 14th day of July, 2020. Read a third time and finally passed this 14th day of July, 2020. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
^ Hbli^^ Angela Maddocks, Clerk
THIS LICENCE AGREEMENT made this _’" day of July. 2020 BETWEEN:
–" " “'”
ALASTAIR MATHERS
Hereinafter called the “Owner”
OF THE FIRST PART
-and-
THE CORPORATIONOFTHE TOWNSHIPOFSOUTH FRONTENAC hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owner is the registered owner in fee simple of certain lands
located in the Township of South Frontenac more particularly described’in Schedule “A” (the Owners’ Lands");
AND WHEREAS the Council of the Corporation of the Township of South
Frontenac has agreed to enter into a license agreement with the Owne7to provide access along a portion of the unopened road allowance"between Concession 13 and Concession 14, Part lots 23 & 24, District of Loughborough, Township ofSouth Frontenac;
AND^WHEREAS the agreement is a prerequisite to the issuance of a building permit to the Owner for the Owner’s property in Part lots 23 & 24
Concession 14, Pt. 1, 2, 3, 13R15601, District ofLoughborough;'
ANDWHEREASSection 28, (2)(a) of the Municipal Act, 2001, c. 25, gives local municipalities jurisdiction over all road allowances located in the
municipality; and whereas Council is authorized to license the use of untravelled portions of highways under its jurisdiction;
NOWTHEREFOREWITNESSETHthat in consideration ofthe mutual covenants and agreements contained herein and other good and valuable consideration’the parties agree with each other as follows:
1
In this Agreement,
a. b.
“Licensee’s Property” means those lands owned by the Licensee described in Schedule “A” to this Agreement;
“Road Allowance” means that portion of the unopened road allowance described in Schedule “B"to this Agreement;
c.
“Location of Proposed Driveway” means the portion of the unopened
d.
“Private Lane Standards” means the standard of development
road allowance shown in Schedule “C"to this Agreement; described in Schedule “D” to this Agreement;
The Municipality grants to the Licensee a non-exclusive license to use the Road Allowance for the purpose of vehicular access to and “from” the Licensee’s Property.
The term of tNs License shall be from the date of this Agreement to December 31, 2020, and thereafter from yearto year.
Upon entering this Agreement, the Licensee shall pay the Municipality the
sum of $10. 00 and, prior to January 31 of each year thereafter, the further sum of $10. 00 during the term of this License.
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 terminate this license by giving the Licensee
a minimum of 60 days written notice of termination, and the annual payment for the license fee shall be apportioned as of the date of termination.
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 annual License fee;
c.
To obtain all necessary permits and approvals required by law;
d.
Not to remove any trees or commence any work, or make any changes in
surfacing, grade or landscaping on the Road Allowance except in accordance with plans and specifications submitted to and approved by the Municipality;
e.
To meet and maintain the conditions of the Township’s policy on private lane standards as outlined in Schedule “B”, for the first 75 feet of the road
allowance westerly off of the existing right-of-way, only if, and when, the owner proposes to develop the property to be accessed. f.
To keep the Road Allowance in a clean and well-ordered condition, and not to permit any rubbish, refuse, debris or other objectionable material to be stored, or to accumulate thereon;
g.
To use the Road Allowance only for the purpose of access to and from the Licensee’s 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 License without the prior written consent of the Municipality, which consent may be arbitrarily withheld;
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 termination of this License to remove from the Road Allowance all
fixtures and chattels belonging to the Licensee, with all damage if any, caused by such removal made good by the Licensee;
n.
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 conditions at the sole expense of the Licensee.
whoshallforthwith upon beinginvoicedtherefore, reimbursethe Municipality for all of its costs;
That the Municipality has no obligation during or upon expiration ofthe term
ofthis licenseto compensate or reimburse the Licensee’forany costs or
expenses incurred by the Licensee to improve or maintain the Road
Allowance, all ofwhichwill be doneforthe benefitofthe Licenseeand not the Municipality; p.
Not to register this Agreement or a notice ofthis Agreement or any other
notice of the Licensee’s interest in the Road Allowance against title to the Road Allowance. q.
To indemnify and save harmless the Municipality from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings made or brought against, suffered by or imposed on the
Municipality in respect of anyloss, damageor injuryto 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:
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
doneforthe Licenseeat or onthe RoadAllowance, andto 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 inwriting bythe Municipalityto doso, failingwhichthe Municipality
may attend to such removal and recover the expense and all attendant costs from the Licensee;
To maintain in force at all times during the term of this license and any renewal thereof, at the Licensee’s expense and in the names of the
Licensee and the Municipality, coverage for legal liability for bodily injure
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 or upon request.
This Agreement shall be binding upon, and enure to the benefit of. the parties and their respective successors and assigns.
INWITNESSWHEREOFthe parties have executed this Agreement as at the date
first set out above,
SIGNED, SEALED AND DELIVERED
IN THE PRESENCEOF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Per
Ron Vandewal’Maypr'
A r^r nc ^> Licensee
^<.. <-S. lc?. ^. ;i<. Witness
^<., 1-1t, J LKj
‘“S-tV. AiV’,
“’^>l/<:, ik^t.
P. ‘fc^q /
SCHEDULE"A’
THE OWNER’SLANDS
PT LOT 23-24, CONCESSION 14, LOUGHBOROUGH, PARTS 1, 2 & 3.
PLAN 13R-15601; T/W FR699767 EXCEPTTHE EASEMENTTHEREIN RE:
PT9 13R6312; SOUTH FRONTENAC
SCHEDULE"B” ROAD ALLOWANCE Portion of the unopened road allowance between Concession 13 and Concession 14, Part lots 23 & 24, between Elephant Rock Lane and Buck Lake, District of Loughborough, Township of South Frontenac
SCHEDULE"C” LOCATION OF PROPOSED
DRIVEWAY OVER UNOPENEDROAD
ALLOWANCE
riws^m
Ml¥jSis
SCHEDULE"D”
TOWNSHIPOF SOUTH FRONTENAC PRIVATE LANE STANDARDS ITEM
PRIVATE LANE
Right of A-‘a,’ Wifflh
20 0 ’n i6fi feet)
He*ghtofClea^ng
50m<16feet)
A’tdtn of C'6anna
I; Orn (20 feet)
Surface ‘A-‘idlt-i
4..cnt(l5feet’i
Surface Matenyl
cmshecl Stofw
DepUi of Material. Mimmum
1100 mm) 4’’ of Granuiar A 1150 mm> 6” of Oranular B
Shoulder. inclLKiingRounding
Nil
Crown, Minimum
1%
Cross Cuiven. Min!n’lum
300 mn’’(l2tnchesi
Cuiven Material
CSP/HDPE
Maximum Gracte
] 2"* d in 8)
C’eomeyics
Safe Passageof Emergency Vehicles
Ditches, Minimum Depth from Crown to Bottom of Drtch
03m(1 foou
