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Home My WebLink AboutBy-law No. 2014-055 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2014-055 A BY-LAW TO AMEND BY-LAW 2014-004 AND APPENDIX "A" OF THE BY-LAW AUTHORIZING THE EXECUTION OF A SEWER SERVICES INSTALLATION AND CONNECTION AGREEMENT BETWEEN THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF NATURAL RESOURCES ("Owner") AND THE MUNICIPALITY OF BAYHAM ("Municipality") WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting public utilities, including sanitary sewage collection; AND WHEREAS the Council of the Municipality of Bayham did by By-law 2014-004 authorize the execution of an Agreement between the Queen in Right of Ontario as represented by the Minister of Natural Resources and the Municipality of Bayham for the installation of sewer services and connection; AND WHEREAS the said Owner has requested that the property description identified in paragraphs 2 and 3 of the first page and Appendix "A" of the said Agreement, to facilitate the registration of the documents,be amended to read as follows: "WHEREAS the Owner represents that it is the registered owner of the lands and premises in the geographic township of Bayham, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Appendix "A"attached hereto (hereinafter called the"Lands"); AND WHEREAS the Owner is desirous of developing the said Lands as more particularly set out as described in Appendix "B" attached hereto, conditional upon (inter alia) the entering into this agreement for the property;" NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT paragraphs 2 and 3 of the first page of the said Agreement, to facilitate the registration of the documents,be amended to read as follows: "WHEREAS the Owner represents that it is the registered owner of the lands and premises in the geographic township of Bayham, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Appendix "A" attached hereto (hereinafter called the"Lands"); Provincial Park Sewer Services Installation&Connection Agreement Page a 0 a- �y.1aw a, )/ 9 - b55 AND WHEREAS the Owner is desirous of developing the said Lands as more particularly set out as described in Appendix "B" attached hereto, conditional upon (inter alia) the entering into"this agreement for the property;" 2. THAT Appendix "A"be amended to read as follows: Description of Lands LT 20-27, 29-85, 88-101, 103-126 PL 228 BAYHAM; BLK B PL 228 BAYHAM; FAY ST, BROAD ST, WAVER ST, ASHLEY AV, SOLWAY DR, BARBARA AV, CRIFFLE AV, KIRKLAND ST, ELIZABETH AV, DERWENT ST PL 228 BAYHAM; LANE EXTENDING FROM WAVER ST.TO DERWENT ST PL228 BAYHAM; LT 9 SIS LIBBYE AV, 10 S/S LIBBYE AV, 11 S/S LIBBYE AV, 12 S/S LIBBYE AV, 13 S/S LIBBYE AV, 14 S/S LIBBYE AV, 15 S/S LIBBYE AV, 16 S/S LIBBYE AV PL 191 BAYHAM; WELLINGTON ST, FAYE ST, LIBBYE AV PL 191 BAYHAM; PT WEST ST PL 228 BAYHAM; PT LT 6-10 CON 1 BAYHAM; PT LT 28 PL 228 BAYHAM; PT BLK A PL 228 BAYHAM; PT GROVE ST PL 228 BAYHAM AS IN E122975, E120540, E141952, E172811 SIT E122975, E120540; BAYHAM Comprising all of PIN 35322-0138(LT) 3. AND THAT the agreement, as amended, shall be registered at the Land Registry Office against the title of the Owner and shall come into effect upon such registration. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF MAY 2014. ,46/ MAY CLERK Provincial Park Sewer Services Installation& Connection Agreement Page E THIS SEWER SERVICES INSTALLATION AND CONNECTION AGREEMENT made in triplicate this 20th day of March 2014. BETWEEN : THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF NATURAL RESOURCES in the Municipality of Bayham, in the County of Elgin, Hereinafter called the "Owner" OF THE FIRST PART and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of the lands and premises in the geographic Township of Bayham, in the Municipality of Bayham, in the County of Elgin,being more particularly described in Appendix"A"attached hereto(hereinafter called the "Lands"); AND WHEREAS the Owner is desirous of developing the said Lands as more particularly set out as described in Appendix "B" attached hereto, conditional upon (inter alia) the entering into this agreement for the property; AND WHEREAS the Owner hereby represents that it 'las followed its own internal requirements and will be bound by this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Owner to the Municipality, the receipt and sufficiency whereof is hereby acknowledged, the Owner covenant and agree with the Municipality to do and perform at their own expense the following matters and things: Municipal Engineer 1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall mean the Municipality's Water/Wastewater Operations Manager, or the Municipality's Public Works Manager or such other person as the Council of the Municipality may from time to time appoint to deal with the administration of this Agreement. Provincial Park Sewer Services Installation& Connection Agreement Page / 3 Appendix "A" DESCRIPTION OF LANDS Lands are more particularly described as: Assessment Roll#34-01-002-002-01300 Municipal Address: 9 Wilson Lane (Priv), Port Burwell Provincial Park,Municipality of Bayham Legal Description: Description of Lands LT 20-27, 29-85, 88-101, 103-126 PL 228 BAYHAM; BLK B PL 228 BAYHAM; FAY ST, BROAD ST, WAVER ST, ASHLEY AV, SOLWAY DR, BARBARA AV, CRIFFLE AV,KIRKLAND ST, ELIZABETH AV, DERWENT ST PL 228 BAYHAM; LANE EXTENDING FROM WAVER ST TO DERWENT ST PL228 BAYHAM; LT 9 S/S LIBBYE AV, 10 S/S LIBBYE AV, 11 S/S LIBBYE AV, 12 S/S LIBBYE AV, 13 S/S LIBBYE AV, 14 S/S LIBBYE AV, 15 S/S LIBBYE AV, 16 S/S LIBBYE AV PL 191 BAYHAM; WELLINGTON ST, FAYE ST, LIBBYE AV PL 191 BAYHAM; PT WEST ST PL 228 BAYHAM; PT LT 6-10 CON 1 BAYHAM; PT LT 28 PL 228 BAYHAM; PT BLK A PL 228 BAYHAM; PT GROVE ST PL 228 BAYHAM AS IN E122975, E120540, E141952, E172811 S/T E122975, E120540; BAYHAM Comprising all of PIN 35322-0138(LT)