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HomeMy WebLinkAboutBy-law No. 2013-077 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2013 - 077 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN BRENT STEWART AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR DRAINAGE WORK THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the Agreement affixed hereto as Schedule "A", being a Subdivision Agreement with Brent Stewart, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to the lots created through County of Elgin Consent Applications E73/12, E74/12, E75/12 and E77/12. READ A FIRST and SECOND time this 19th day of September, 2013. READ A THIRD time and fmally passed this 19th day of September, 2013. •�'OR CLERK Subdivision Agreement— B. Stewart Page 1 SCHEDULE "A" TO BY-LAW 2013-077 THIS SUBDIVISION AGREEMENT made in duplicate this 19th day of September 2013. BETWEEN: BRENT STEWART Hereinafter called the "SUBDIVIDER" OF THE FIRST PART -AND- THE MUNICIPALITY OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Subdivider is the Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lots 24 & 25 Concession 9, more particularly described in Schedule "A" attached hereto (referred to as the"Lands"); AND WHEREAS the Subdivider wishes to subdivide the Lands by means of Consent Applications E73-75/12 & E77/12 (referred to as the "Consents") pursuant to Section 53 of the Planning Act; AND WHEREAS as a condition of the consent of the County of Elgin Land Division Committee to the final approval of the Consents, the Subdivider and the Municipality must enter into an Agreement respecting the development of the Lands pursuant to Section 51(25) of the Planning Act with respect to drainage and the requirement for a municipal drain connection for the created lots; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the parties agree to comply with each term set out to the extent that it is expressed to be respectively Subdivision Agreement — B. Stewart Page 2 binding upon them, and the same shall enure to the benefit of and shall be binding upon their respective heirs, executors, administrators, successors and assigns. List of Attachments 1. The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Description of Lands "B" Copy of Registered Plan of survey "C" Municipal Engineer's Cost Estimate for drainage works Plan of Survey 2. The Lands shall be created through consent identified as Parts 1 - 13 on Registered Plan 11 R-9602 in accordance with the survey attached as Attachment"B"to this Agreement. Drainage Work 3. The Subdivider agrees to construct, at its expense, a stormwater management system for the Lands which meets the requirements of all regulatory agencies and which discharges to a lawful and suitable drainage outlet. The affected lands shall be assessed to and regulated by the"New England Drain" system under the Drainage Act. Once constructed, physical components of the municipal drain shall remain unaltered including,but not limited to, remain clear of fencing, structures and plantings. Administration and Inspection Costs 4. (a) The Subdivider agrees to pay to the Municipality all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (a) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Municipality. The Subdivider hereby agrees to pay all accounts of the Municipality in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Municipality. Securities 5. Prior to work commencing, the Subdivider shall provide the Municipality with performance security as described in Attachment"C" less County of Elgin portion of$4500 to be held by the Municipality until all of the obligations of the Subdivider have been discharged. Subdivision Agreement— B. Stewart Page 3 The security may be in the form of cash or an irrevocable Letter of Credit from a chartered bank and must not expire without at least 30 days advance notice in writing to the Municipality. In the case of cash, the Municipality shall hold funds in a non-interest bearing account. In the case of a letter of credit, the form and content of it shall be satisfactory to the Municipality. By-laws 6. The Subdivider shall, notwithstanding the provisions of this Agreement, be subject to all by-laws of the Municipality and statutes of the Province of Ontario, including those By-laws and statutes that require the payment of fees. In the event of conflict between the provisions of this Agreement and the provisions of any statute or by-law, the provisions of the statute or by-law prevail. Default by Subdivider 7. The Municipality may determine and declare the Subdivider to be in default of its obligations under this Agreement through written notice to the Subdivider of not less than thirty(30) days measured from the time that such notice is sent to the Subdivider. The notice will identify the provision(s) under which the Subdivider is in default. Subsequent Owners Bound 8. Subject to the provisions of the Registry Act and the Land Titles Act, the covenants, agreements, conditions and understandings herein contained on the part of the Subdivider shall be conditions running with the land described in Attachment"A" attached hereto, and shall be binding upon the Subdivider, its heirs, executors, administrators, successors, and assigns, as the case may be as subsequent Owners and occupiers of the said Lands from time to time (and"Subdivider"wherever used in this Agreement is intended and shall be construed to include such subsequent Owners and occupiers) and shall be appurtenant to the adjoining highways in the ownership of the Municipality or County, as applicable. Separate Covenants 9. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable, it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Notice 10. Any notice by the Municipality to the Subdivider shall be delivered or sent by registered mail and addressed to the address shown on the assessment roll as updated from time to time on the records of the Municipal Clerk. Any notice by the Subdivider to the Municipality shall be delivered or sent by registered mail to the Municipal Clerk. Subdivision Agreement— B. Stewart Page 4 Registration and Preparation of Agreement 11. The Subdivider agrees that this Agreement shall be registered by the Municipality's Solicitor upon the title to the lands, and agrees to pay all solicitor's fees and disbursements incurred by the Municipality in respect to the preparation and registration of this Agreement, forthwith, upon demand. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the Subdivider has hereunto set his corporate seal attested by the hands of its duly authorizepfficers. Z7/ ed //( - Alfriwo„ itne s Brent Stewart, Subdivider I have the authority to bind the Municipality. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: g ze,( 1 Paul Ens, Mayor Lynda Millard, Clerk Subdivision Agreement— B. Stewart Page 5 ATTACHMENT 'A' Description of Lands Property Assessment Roll#34-01-000-006-13200 subject to Consent Applications E73-75/12 &E77/12 Described as: Concession 9 Part Lots 24 &25,being specifically Parts 1-13 on Registered Plan 11R-9602, formerly Township of Bayham, now Municipality of Bayham in the County of Elgin, Province of Ontario Subdivision Agreement— B. Stewart Page 6 ATTACHMENT "B" Plan 11R-9602 1 jam` gl.a PIAN rTfl-902. v rey�.•e Nw'W'.�•d.1w9 ; I �� L vwtr MORE t____—:t---.:ii —,11-7--------,i .� 1.25 �Ear•cE5Y.Wx CFA.70' •:TAIIS:gP tr.Q'.,k! i/J1i\ Me! a91 w1�j �Y_J! .k,74. WOW *ir .."' ... 4110 / + r,.111 / 6 �� i ��: BS �Jpt " sn �" 14 i � i nw' d • I/ : ! . Kat�I , � ii 0 p ' �1.4 40 e i •1d�',`,LyMI Ar�wwwawr..nasn.. w S� kN A �t v #I FLtl1 A'9111k70�11, a ''•Q� # Z I 3 . ➢Ertl$' jTNA.RIIT�.GlFm LOIS Y{Nq!25 yp� C, Q E , ' r /RiPPL f 4MKii1� r k I':� :.Rey, ! p 1 i ,f MOW(f 1611W41 ay fiY A l I P,rTT e a r r if ! CMIYOfUN �7 Q j O^ f Q 1 11:; ,f7$ r o f P" ME-lla9* 1a! 'dam Iv, ;! ! iw a 11.. a i ! eR ll. °r.rn'w'Kr:.xii".w"s' C F .wwrwur C w Q l r..e.. ¢� Ni A*FI uI�em[P Ohms im. 7 d g ' 1,Y Fi rz i I1 w I -7,::.:4-4, Lo;25 cc:l.�q s OiX..,:aak T'VYII• P =AT.u!11 I :. .,1 y�lf �d�1 , 0 ! ' I. SlIRYE'NRS I�ltTF1CA ,w ! , �11YY.••.......-"....k O •Lr Z I ',-,1 Ilerma.tArxrrrii.r..m I-- ,1' .i i wi..6.1...,1 _4.1.t .., k ib f O '°-.11":"=7:,==.1,"'''' ai,It_.g�y `+ems 1 E Up prmi ��. L •;ft,1,�a,11+' ,q, 9 d O f .rwww`ma4.11.nw— e i r 1 a.in/A4/�1.,�t� ,l .. ,-- l �1 c / fr, a. �' vim tirgral inli Lf 7* q k�v i5.f s e ' coma So1EOUE Ail, p . d I r.•.v-wilwnialw�®snY 0 s D. ¢¢ i !+narj Na Y1L-�q...m AOC 00 1 r% a ,r•k ye e.- ' 4 c7gw.0 v.�.c.ou�.moiu. .ew- nr° _ ~ NI PONE l7QAlk16 EASYIl6 II f Y I 1�0�.1A1 ".I/JR -OT 2', tC; p § •Y VICESSIOV'.° ''.+ Z ,_. PG 1 0 c a 5r.'n.w1 -omen A } 1,10107171.1111.4%.113.419.;,..„ F i ! z g a j 1 I u-eapomon ir Aito 7.---- 1 m yPsi' `��•fT C.�_ _ i3jE 9 r: Mt .,? F r h� ' Q'l p �' set R * p 4 F F T''Y,7g-, I 1 E 1(1l Mr EC"- , g..,,.:f .,... '..m ../i4' ! Ox 1 i.4'I dtlg(t ,, 4i. , �'°d waw • P•ii, ....., I ieW 174' -41' T�:i -\1 11 F /� 17 °1 Ve.1,a.a i #. $". 'a " .. b li!\ In R r i v., o -j_4_1' r pg �; '41 a �VVV..' Fie r r,�' i : \`\J !al MISTED 51RYE NO LTD.a ¢ ,4 gtaa�w 1 �•.°�i �gm �(;'�v� /4\1,;,,o, y as WO$1.1702 �o �"eewimw 2�jJ l i l 'r ;... �*'! � / par+snnol WNW r+�` '� Subdivision Agreement— B. Stewart Page 7 ATTACHMENT"C" COST ESTIMATE NEW ENGLAND DRAIN Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: iifiAIN DRAIN-CLOSED PORTION One 6 meter length of 300mm dia. HDPE outlet pipe including rodent gate Supply 450.00 Installation at tile outlet with quarry stone rip-rap protection around pipe and across bank slope(Approx. 12cu.m. required) 1,800.00 installation of the following HOPE sewer pipe(approx.208 meters required) 183 meters of 200mm dia.sewer pipe $ 4,940.00 25 meters of 300mm dia. sewer pipe $ 1,250.00 Supply of the above listed pipe $ 3,370.00 Supply and install five 600mm x 600mm standard catchbasins,and one 900x1200rrim ditch Inlet catchbasin including grates, berms,ditching,and rip-rap at the 900x1200mm basin $ 5,200.00 Clearing and Grubbing $ 250.00 Remove and Dispose of Existing Materials $ 300.00 Tile connections and contingencies $ 500.00 Allowances under Sections 29&30 of the Drainage Act $ 0.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 500.00 Survey, Plan and Final Report $ 4,500.00 Expenses $ 450.00 Supervision and Final Inspection $ . ,250.00 ..........1.... TOTAL ESTIMATED COST $ 24,760.00 LRO#11 Notice Of Subdivision Agreement Receipted as CT97340 on 2013 09 26 at 16:25 The appffcant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 9 Properties PIN 35342-0f08 LT 0 Affects Part of Prop Description PT LOT 24 AND PT LOT 25, CON 9,BAYHAM, DESIGNATED AS PARTS 1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, ON PLAN 11R-9602,Sir EASEMENT OVER PARTS 2, 5, 8AND 11,ON PLAN 11R-9602 AS IN INSTRUMENT NO. E97631; BAYHAM Address PLANK ROAD EDEN Applicant(s) The notice is based on or affects a valid and existing estate,right,interest or equity in land. Name STEWART,BRENT GREGORY Address for Service 11095 SCHAFER ROAD R.R.#2 TILLSONBURG,ONTARIO N4G 4G7 This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 8344 PLANK ROAD BOX 160 STRAFFORDVILLE,ONTARIO N0J 1YO Statements This notice Is for an indeterminate period Schedule: See Schedules Signed By Michael George Charles Szorerryi 36 Broadway,Box 5 acting for Signed 201309 26 Tillsonburg Applicants) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of all parties to the document Michael George Charles Szorenyi 36 Broadway,Box 5 acting for Signed 201309 26 Tillsonburg Party To(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of all parties to the document Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway,Box 5 2013 09 26 Tillsorrburg N4G 4H3 Tel 5198423658 Fax 5198425001 LRO#11 Notice Of Subdivision Agreement Receipted as 0197340 on 201309 26 aE 16:26 The applicant(#)hereby epplles to the Land Registrar. yyyy mm dd Page 2 of 9 Fees/Taxes/Payment Statutory Registration Fee .00 Total Paid $60A0 File Number Applicant Client File Number: 513-065 Patty To Mont File Number: S13-065 Subdivision Agreement--B.Stewart Page 1 THIS SUBDIVISION AGREEMENT made in duplicate this 19th day of September 2013. BETWEEN: BRENT STEWART Hereinafter called the"SUBDIVIDER" OF THE FIRST PART -AND- THE MUNICIPALITY OF THE MUNICIPALITY OF BA HAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Subdivider is the Owner in fee simple of the lands Moate in the Municipality of Bayham, in the County of Elgin•being Part of Lots 24 & 25 Concession 9, more particularly described in Schedule"A"attached hereto(referred to as the"Lands"); AND WHEREAS the Subdivider wishes to subdivide the Lands by means of Consent Applications E73-75/12&E77/12(referred to as the"Consents")pursuant to Section 53 of the Planning Act; • AND WHEREAS as a condition of the consent of the County of Elgin Land Division Committee to the final approval of the Consents,the Subdivider and the Municipality must enter into an Agreement respecting the development of the Lands pursuant to Section 51(25) of the Planning Act with respect to drainage and the requirement for a municipal drain connection for the created Iota; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each),the parties agree to comply with each term set out to the extent that it is expressed to be respectively Subdivision Agreement—B.Stewart Page 2 binding upon them,and-the same shall enure to the benefit of and shall be binding upon their respective heirs, executors,administrators,successors and assigns. List of 1. The following Attachments are hereby declared to form part of the Agreesnent between the parties: Description "A" Description of Lands "B" Copy of Registered Plan of survey "C" Municipal Engineer's Cost Estimate for drainage works Plarkof Survey 2.. The Lands shall be created through consent identified as Parts 1-13 on Registered Plan 11R-9602 in accordance with the survey attached as Attachment 13"to this Agreement Drainage Work 3. The Subdivider agrees to construct,at its expense,a stormwater management system.Ex the Lands which meets the requirements of all regulatory agencies and which discharges to a lawful and suitable drainage outlet. The affected lands shall be assessed to and regulated by the"New England Drain" system under the Drag Act. Once constructed,physical components of the municipal drain shall remain unaltered including,but not limited to,remain clear of fencing,stmctutes and plantings. MiirniniatSation and h1soection Costs 4. (a) The Subdivider agrees to pay to the Municipality all administrative costs incurred in connection with this Agreement;including legal and engineering costs. (a) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Municipality. The Subdivider hereby agrees to pay all accounts of the Municipality in connection with the services of the said Inspectors.No work specified in the Agreement or in.the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Municipality. Securities 5. Prior to work commencing,the Subdivider shall provide the Municipality with performance security as described in Attachment"C"less County of Elnin minion ofS4500 to. be held by the Municipality instil all of the obligations of the Subdivider have been discharged. Subdivision Agreement--B.Stewart 1,619e 3 The security may be in the form of cash or an irrevocable Letter of Credit from a chartered bank and must not eaphe without at least 30 days advance notice in writing to the Municipality. la the case of cash,the Municipality shall hold funds in a non-interest bearing account. In the case of a letter of credit, the form and content of it shall be satisfactory to the Mmiicipality. By-laws 6. The Subdivider shall,notwithstanding the provisions of this Agreement,be subject to all by-laws of the Municipality and statutes of the Province of Ontario,including those By-laws and statutes that require the payment of fees. In the event of conflict between the provisions of this Agreement and the provisions of any statute orby-law,the provisions of the statute or by-law prevail. Default bv_Subdivider 7. The Municipality may determine and declare the Subdivider to be in default of its obligations under this Agreement through written notice to the Subdivider of not less than thirty(30)days measured from the time that such notice is sent to the Subdivider.The notice will identify the provision(s)tinder which the Subdivider is in default. Subsequent Owners Bound 8. Subject to the provisions of the Registry Act and the Land Mies Act,the covenants,agreements, conditions and understandings herein contained on the part of the Subdivider shall be conditions running with the land described in Attachment"A"attached hereto,and shall be binding upon the Subdivider,its heirs,executors,administrators,successors,and assigns,as the case maybe as subsequent Owners and occupiers of the said Lands frena hereto time(and"Subdivider"wherever used in this Agreement is • intended and shall be construed to include such subsequent Owners and occupiers)and shall be appurtenant to the adjoining highways in the ownership of the Municipality or County,as applicable. Separate Covenants 9. All of the provisions of this Agreement am intended to be construed as covenants and agreements as though the wards importing such covenants and agreements were used in each separate clause hereof Should any provision of this Agreement be adjudged unlawful or not enforceable,it shall be considered separate and severable from the Agreement and its remaining provisions as though the tmlawfizior ale provision had not been included. Notice. 10. Any notice by the Municipality to the Subdivider shall be delivered or sent by registered mail and addressed to the address shown on the assessment roll as updated from time to time on the records of the Municipal Clerk. Any notice by the Subdivider to the Municipality shall be delivered or sent by registered mail to the Municipal Cleric. Subdivision Agreement—B.Stewart Page 4 J eaistration and Preparation of Agreement 11. The Subdivider agrees that this Agreement shall be registered by the Municipality's Solicitor upon the title to the lands,and agrees to pay all solicitor's fees and disbursements incurred by the Municipality in respect to the preparation and registration of this Agreement, forthwith,upon demand IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the Subdivider has hereunto set his corporate seal attested by the hands of its duly authorized•cars. /1); • ," Brent Stewart,Subdivider I have the authority to bind the Municipality. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: dOile / /4 Paul - Mayor 1/4"4"d..02-\"i\r-iger-"J '-- -- Lynda Milani,Clerk Subdivision Agreement—B.Stewart Page 5 ATTACTMNT'A' ?ascription of Lands Property Assessment Roll#34-01-000-006-13200 subject to Consent Applications E73-75/12&E77/12 Descaibed as: Concession 9 Part Lots 24&25,being specifically Parts 1-13 on Registered Plan 11R-9602,formerly Township of Baybam,now Municipality of Rayburn in the County of Elgin,Province of Ontario Subdivision Agreement-B.Stewart Page 6 ATTACHMENT"B" Plan 11 -9602 , •1 _) 1 . ' si ISM ' am wearers mna,'CFsanua1 a TI" sr- ii i - I, 1, El ..ate, / i 1 r_] illi, ,,. , :,. •. I I [3 • F if r ,f /f i ! i a ti F, /`1 I. t lit / .". . i _ r /lar tea I lux*mess orae 91 fIS i ION R_ a t o ms u we-uo•aie e f f `emasea _ j 4 . i k p r ! e �� ' . Fat mow c�a•raasarampM a 1 i ,j guff .,.. 5 4. , , . I1 ! Nerze ifii- J f . y • /It � ; I . • '1I I is is t I'. a �..e.• •¢,,. f m • o js -•i� ��v la IL I 9 I • 'i 4. f i^ S '. mmn •ww 11 a 0 1 .n rriislar 1 .1 7*-..--/ i . . I `• Abl.� • !f3 • . , i i i,E lir -.t _ f i ••e_ Q r a. • w. I 4 9 )rw w i4` -s' F 0 fa y 4 , s S _ s1 _ t ik�• Iv1A6� !m6 Subdivision Agreement—B.Stewart Page 7 ATTACHMENT"C" COST ESTIMATE sa WEhteLAND DRAM Udall:Waft of Militant We have made an esranate of the coot of the proposed oscdtwhictr le outlined in detail as follows: M NN OFtAild-CLOSED PORTION One 6 rosier length of 300rrpn ria.,HOPE outset pipe including rodent gate Stiff* 455040 Irr latl r:et tile•besdet nth carry stone dp rep protection around pipe and acro bank slope(Aper.12cm.ra requkerg 1,800.00 Ina on d the HDPE sewer pipe(fir.209 metra numbed) 183 meters 4200rnm dta sever pipe $ 4,940.00 25 meleiaof 300rrmn dia.server pipe 9 1,250.00 Sup*etre above Weed pipe. $ 3570.00 Supply and antennae 600mrn x 800mm standard calebbnaMs,and one 900x1200mrn ditch inlet catehbatan incli ung gam,berms ditddrg.and dprep at the 90(brl2bpmm basin $ 5,200.00 clearing andGru5t6ag S 290.00 Remove gtd[]tepee of ExIsfing Materials $ 300.00 Tile cohn6ona and Catargencies 603.00 A9owaazcaa tinder Sections 29&30 aP the Drainage Act $ 0.00 ACLINISTRATION Intertrat and Net Harmonised Setas Tax $ 500.00 Survey,Pion end Final Report $ 4,500.00 Expenses $ 450.00 Supervialon smd Froat inapedSon s__12so.Go. TOTAL ESTHd1ATEd COST 5 247760.00 iN 4 '!'".