HomeMy WebLinkAboutBy-law No. 2009-076 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW #2009-076
AMENDING BY-LAW #1610
BEING A BY-LAW TO PROVIDE FOR TILE
EMERSON MUNICIPAL DRAIN—WEST B NCH
WHEREAS the Corporation of the Township of Bayham By-law #1610 enacted on the 3'a day
of June 1968 provided for the construction of the Emerson Municipal Drain—West Branch; and
for the levy assessments upon lands and roads to which the Emerson Municipal Drainage—West
Branch works is chargeable;
AM) WHEREAS a portion of lands falling within the watershed of the Adler Municipal Drain
are proposed to be severed and, as a condition of Severance Consent Application E14/09, as such
it is necessary to reapportion the drainage assessment affecting those lands affected;
AND WHEREAS an "Agreement between Property Owners for Drainage Apportionment due
to Land Severance or Sale" as prepared by the Bayham Drainage Superintendent has been
accepted and duly executed by the current property owners of those retained and severed lands;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems
it necessary to reapportion the assessments contained within the assessment schedules
attached to By-law#1610;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
HEREBY ENACTS AS FOLLOWS:
1. THAT the assessment contained in Jewitt, Dodd&Vallee Engineer's Report dated
January 31, 1968 affecting property identified as Roll Number 34-01-000-002-09400
for lands located within part of Lot 22, Concession 3,with a watershed of 10 acres,
valued at $415.00 shall be reapportioned as follows:
Severed Property: Assessment Roll#34-01-000-002-09450
Legal Description: Part 1 on Reference Plan#11R-8453
Part Lot 22, Concession 5
Drainage Apportionment: Assessed at$62.25
Remaining Property: Assessment Roll #34-01-000-002-09400
Legal Description: Part Lot 22, Concession 3
Drainage Apportionment: Assessed at $352.75
2. THAT the apportioned costs of any future maintenance work authorized by the
Council of the Municipality of Bayham and carried out under the supervision of the
Drainage Superintendent on the Emerson Municipal Drain—West Branch shall reflect
the reapportionment in Paragraph#1 herein.
3. THAT the reapportionment of drainage assessments as set out in Paragraph#1 herein
will cease when Council accepts a new Engineer's Report assessing this portion of the
Emerson Municipal Drain—West Branch.
4. Effective Date:
This By-law comes into full force and effect on the passing thereof.
Read a first, second and third time and finally passed this 21st day of May 2009
ayo Clerk
.�, AGREEMENT between PROPERTY OWNERS for DRAINAGE
1 � --- �1 APPORTIONMENT due to LAND SEVERANCE or SALE
;' 7 Drainage Act R.S.O. 1990,Chapter D.17, Section 65
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THIS AGREEMENT is between
NEZ FARMS LIMITED
(current property owner of retained parcel)
and
TREVOR FULTON&
JENNIFER FULTON
(current property owners of severed parcel)
for the cost apportionment due to the severance or sale of land in the following municipal drainage
system:
Emerson Municipal Drain-West Branch
by Bayham By-law#1610
WE,the parties of this Agreement,do hereby agree that the apportioned costs of any future maintenance
work authorized by the Council of the Municipality of Bayham and carried out under the supervision of
the Drainage Superintendent on the above noted municipal drainage system, is to be hereby divided as
follow:
ORIGINAL PROPERTY:
(assessment identified in Engineer's Report dated January 31, 1968):
Assessment Roll Number : 34-01-000-002-09400
Legal Description : Part Lot 22, Concession 3
Drainage Apportionment : Watershed 10 acres Valued at$415.00
REVISED DRAINAGE ASSESSMENT
SEVERED PROPERTY:
Assessment Roll Number : 34-01-000-002-09450
Legal Description :PART 1, on PLAN 11R-8453,
Part Lot 22,Concession 3
Drainage Apportionment : Assessed Value$62.25 (1.3%)
REMAINING PROPERTY:
Assessment Roll Number : 34-01-000-002-09400
Legal Description : Part Lot 22,Concession 3
Drainage Apportionment : Assessed Value$352.75 (7.3%)
We do further agree that this Agreement will cease when a new Engineer's Report is accepted by Council
of the Municipality of Bayham, assessing this portion of the above noted municipal drainage system.
We hereby petition the Council of the Municipality of Bayham to accept these new apportionments by
resolution and/or By-law and we attest to this Agreement by signing our names as the property owners of
the lands hereinbefore described.
For Roll#34-01-000-002-09400 For Roll#34-01-000-002-09450
NEZ F'liv LIMIT.,IV j
(Sid - of: Ze a -a► ty to bind the (Signature of: Trevor Fulton)
Property owned)
(Signature of: Jennifer Fulton)
DAI'ED: If a.y /x7,200 7 DATED:
(Signature of Wi ,0110...---' (Signature of Witness)
1<lk ,Immik`" AGREEMENT between PROPERTY OWNERS for DRAINAGE
- APPORTIONMENT due to LAND SEVERANCE or SALE
V'�'�` . Drainage Act R.S.O. 1990,Chapter D.17,Section 65
o ,, °'
THIS AGREEMENT is between
NEZ FARMS LIMITED
(current property owner of retained parcel)
and
TREVOR FULTON&
JENNIFER FULTON
(current property owners of severed parcel)
for the cost apportionment due to the severance or sale of land in the following municipal drainage
system:
Emerson Municipal Drain-West Branch
by Bayham By-law#1610
WE,the parties of this Agreement,do hereby agree that the apportioned costs of any future maintenance
work authorized by the Council of the Municipality of Bayham and carried out under the supervision of
the Drainage Superintendent on the above noted municipal drainage system,is to be hereby divided as
follow:
ORIGINAL PROPERTY:
(assessment identified in Engineer's Report dated January 31, 1968):
Assessment Roll Number : 34-01-000-002-09400
Legal Description : Part Lot 22, Concession 3
Drainage Apportionment : Watershed 10 acres Valued at$415.00
REVISED DRAINAGE ASSESSMENT
SEVERED PROPERTY:
Assessment Roll Number : 34-01-000-002-09450
Legal Description :PART 1, on PLAN 11R-8453,
Part Lot 22,Concession 3
Drainage Apportionment :Assessed Value$62.25 (1.3%)
REMAINING PROPERTY:
Assessment Roll Number : 34-01-000-002-09400
Legal Description :Part Lot 22, Concession 3
Drainage Apportionment : Assessed Value$352.75 (7.3%)
We do further agree that this Agreement will cease when a new Engineer's Report is accepted by Council
of the Municipality of Bayham, assessing this portion of the above noted municipal drainage system.
We hereby petition the Council of the Municipality of Bayham to accept these new apportionments by
resolution and/or By-law and we attest to this Agreement by signing our names as the property owners of
the lands hereinbefore described.
For Roll#34-01-000-002-09400 For Ro11#34-01-000-00 450
NEZ FARMS LIMITED °- r �"-
(Signature of: I have authority to bind the ignature of Trey r Fulton)
Property owned)
76.7
(S. of: Jennifer Fulton)
10 3/09
DATED: DA
f' a
(Signature of Witness) (Signature of Witness)