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By-law No. 2002-031 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2002-31 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT FOR THE THERRIEN MUTUAL MAIN DRAIN OPEN DITCH WHEREAS the Municipal Act R.SO. 1990 Section 207 s. 13 authorizes Municipalities to provide for constructing, improving and maintaining drains and watercourses; AND WHEREAS the Municipality of Bayham is desirous of entering into agreements for drainage works within lands described as Part of Lots 14 and 15 Concession 2 and described in detail on Schedule "A" and attached hereto and forming part of this By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement in the form attached hereto as Schedule "A"and forming part of this By-law, between the Corporation of the Municipality of Bayham, the Corporation of the Town of Tillsonburg, the Corporation of the County of Elgin, Gilles Lucien Therrien, Jerrold Brian Pettus, Sue Jane Pettus and Leighton Martin as described in the said Agreement is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the said Agreement; 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. 4. THAT this By-law and the Agreement shall be registered in the Land Registry Office for the Registry Division of Elgin No. 11. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18Th DAY OF APRIL 2002. J2L/ MAYOR CLERK AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS Drainage Act,R.S.O. 1980,c. 126,s.2 WE,THE UNDERSIGNED(in this agreement called the Owners)desiring to construct or improve drainage works in our lands as described below,and being willing to pay the costs thereof and to enter into this agreement,made pursuant to the above Act,for the construction, improvement,financing and maintenance of the drainage works as set out below,agree each with the others,as follows: 1. Our respective lands are described as follows: Assessment Roll#002-00700 Gilles Lucien Therrien West Part Lot 15,Concession 2 and Part Lots"E""K',east side of Plank Road,Plan 54,being Part 2 on Reference Plan 11R-3323=7.91 acres Assessment Roll#002-00706 Betty Jean Therrien West Part Lot 15,Concession 2,and Part Lot"K",east side of Plank Road,Plan 54,being Part 1 on Reference Plan 11R-4798=0.62 acre Assessment Roll#002-00710 Gilles Lucien Therrien West Part Lot 15,Concession 2,and Part Lot"K",east side of Plank Road,Plan 54,being Part 2 on Reference Plan 11 R-4798=0.79 acre Assessment Roll#002-00715 Jerrold Brain Pettus&Sue Jane Pettus West Part Lot 15,Concession 2,and Part Lot"K",east side of Plank Road,Plan 54,being Part 3 on Reference Plan 11R-4798=0.96 acre Assessment Roll#001-09900 Vienna Farms,do Leighton Martin South Part Lot 14,Concession 2,and Park Lot"G",Plan 54, Being Parts I and 2 on Reference Plan 11R-2876 Assessment Roll#009-01800 Town of Tillsonburg/Municipality of Bayham West Half of Lot 15,Concession 2,formerly the railway land now designated Part 1 on Reference Plan 11R-6477 Assessment Roll#004-01200 County of Elgin(County Road#19) Plank Road allowance between Lot 15,Concession 2,south side of Plank Road and Lot 15,north side of Plank Road,formerly known as Highway#19. 2. The estimated cost of the drainage works is SIX THOUSAND ($6,000.00)DOLLARS. 3. The drainage works consist of: THERRIEN MUTUAL MAIN DRAIN OPEN DITCH. The open ditch outlets into a pond that has an over flow at the same level as the ditch bottom as it enters the pond. The first 200 meters of open ditch already exists and the new ditch is to be dug a further 500 meters north. At this point Branch"A"and Branch"B"enter the open ditch. 4. The drainage works are located as follows: West side of Lot 15,Concession 2,Bayham Township. 5. The proportion of the cost of construction,improvement and maintenance of the drainage works shall be borne by each of the undersigned owners in the proportions set out opposite each name: Name of Owner: Construction Improvement Maintenance $3,000* 27.5% 27.5% Therrien,Gilles Lucien(002-00700) 0% 7.5% 7.5% Therrien,Betty Jean(002-00706) 0% 7.5% 7.5% Therrien,Gilles Lucien(002-00710) 0% 7.5% 7.5% Pettus,Jerrold Brian&Sue Jane (002-00715) 0% 0% 0% Vienna Farms do Leighton Martin (001-09900) $ 480 12.5% 12.5% Town of Tillsonburg $ 480 12.5% 12.5% Municipality of Bayham $ 960 25% 25% County of Elgin(County Road#19) *Pursuant to terms and conditions of OMR Decision,all construction costs related to proposed severance lots were to be paid by Gilles Lucien Therrien. Note: This Mutual Agreement Drain will only cover shared costs and maintenance of 700 meters of open ditch from station 0+000 to 0+700. 6. Arrangements for the financing of the drainage works shall be as follows: Construction costs as assigned to the Town of Tillsonburg,in the amount of$480;and to the Municipality of Bayham,in the amount of$480;and to the County of Elgin,in the amount of $960, shall be due and payable to Gilles Lucien Therrien,upon execution of this Agreement. DATED at Straffordville,Ontario this day of April 2002. SIGNED,SEALED&DELIVERED } IN THE PRESENCE OF: } Town of Tillsonburg per } (seal) } Mayor Iry Horton } (seal) } David C.Morris,Clerk } } Municipality of B yham per } 40 },p (seal) } Mayor M Stewart } rr„L. ,4 .,,P (seal) } Lynda Millard,Clerk } } County of Elgin per } (seal) } Warden John R.Wilson } (seal) } Mark G.McDonald,CAO } } (Signature of Witness re Therrien) } } Gilles Lucien Therrien,personally&as } sure iving spouse of Betty Jean Therrien } } (Signature of Witness re Pettus) } Jerrold Brian Pettus } } Sue Jane Pettus } } (Signature of Witness re Martin) } Leighton Martin,Vienna Farms 2 o�°ynCe Document General D - . Omarl° Form 4—Lend Registration Reform Act (1) Registry © Land Titles ❑ (2) Page 1 of I+ pages (3) Property Block Property identifier(s) Additional. See ElSchedule r— / (4)Nature of Document cc �` % �T � CRE.E-M E.1\,‘ 1 co t-. - y Cep c:• = N }--- (5)Consideration Z tt i..: , NIL 0 .00 ow =" c u .- L ) Dollars$ c. 0 ;a, - C J \ (5) Description w -1 ' C '" .b LL S ❑ - _ Part Lot 15 , Concession 2 , Li. s= u+ -- fermery in the'Township of Bayham,3 4)- - s o w :� now in the Municipality of Bayham, LL " Part Lots "E" and "K" , Plan 54 , (formerly in the Village of Vienna) New Property identifiers now in the Municipality of Bayham, Additional; Sea Schedule ❑ both in the Province of Ontario J Executions (7) This (a) Redescription (5) Schedule for: Additional: Document New Easement Additional See E Contains: Plan/Sketch ❑ Description 2. Parties ❑ Other y, Schedule (8)This Document provides as follows: SEE AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS , RE THERRIEN MUTUAL DRAIN , BRANCH "A" , CLOSE TILE pursuant to the Drainage Act , R.S .O. 1980 , c . 126 , s . 2 1 Continued on Schedule ❑ (9)This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date 01 Signature Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 4-i.-(7-..40 fr.I j/.Qri, �11..1.c/�, . . . . . • (11) ss for Service 9344 Plank Road , PO Box 160 , Straffordville Ontario NOJ 1Y0 (12) Perty(les) (Set out Status or Interest) Date o1 Signature Name(s) Signature(s) y M D _ _ Y - - ----e e e - • (13)Address . - for Service 1 (14) Municipal Address of Property (15) Document Prepared by: Ili Fees and Tax J Z Registration Fee Plank Road Municipality of Bayham o Vienna Ontario 9344 Plank Road (r NO3 1z0 PO Box 160 ".,I Straffordville Ontario L LL, NOJ 1Y0 0 a 2 Total J AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS Drainage Act, R S.O. 1980, c. 126, s. 2 WE,THE UNDERSIGNED (in this agreement called the Owners) desiring to construct or improve drainage works in our lands as described below, and being willing to pay the costs thereof and to enter into this agreement, made pursuant to the above Act, for the construction, improvement, financing and maintenance of the drainage works as set out below, agree each with the others, as follows: 1. Our respective lands are described as follows: Assessment Roll # 002-00700 Gilles Lucien Therrien West Part Lot 15, Concession 2 and Part Lots "E" "K', east side of Plank Road, Plan 54,being Part 2 on Reference Plan 11R-3323 =7.91 acres Assessment Roll #002-00706 Betty Jean Therrien West Part Lot 15, Concession 2, and Part Lot"K",east side of Plank Road, Plan 54,being Part 1 on Reference Plan 11R-4798 = 0.62 acre Assessment Roll #002-00710 Gilles Lucien Therrien West Part Lot 15, Concession 2, and Part Lot"K",east side of Plank Road,Plan 54,being Part 2 on Reference Plan 11R-4798 = 0.79 acre Assessment Roll#002-00715 Jerrold Brian Pettus& Sue Jane Pettus West Part Lot 15, Concession 2, and Part Lot"K",east side of Plank Road, Plan 54,being Part 3 on Reference Plan 11R-4798 = 0.96 acre 2. The estimated cost of the drainage works is SEVEN THOUSAND ($7,000.00) DOLLARS. 3. The drainage works consist of: Therrien Mutual Drain, Branch"A", Closed Tile: At station 0+700 is the outlet for the "A" Branch. A steel 250 mm outlet pipe plus rodent gate connected to 200 meters of 200mm Big 0 running parallel to the west property line at a 20% grade to a catch basin located at station 0+950 continuing with 200 mm Big "0"pipe at 20 % grade north east and parallel to Plank Road for 130 meters and connected to catch basin#2 at station 0+080 and then continued with 200 mm Big "0" at 20% grade for 120 meters to catch basin#3 at station 1+200. 4. The drainage works are located as follows: North West I/4 of Lot 15, Concession 2, Bayham Township. 5. The proportion of the cost of construction, improvement and maintenance of the drainage works shall be borne by each of the undersigned owners in the proportions set out opposite each name: 1 Name of Owner: Construction Improvement Maintenance $3,850 55% 55% Therrien, Gilles Lucien (002-00700) $1,050 15% 15% Therrien, Betty Jean (002-00706) $1,050 15% 15% Therrien, Gilles Lucien (002-00710) $1,050 l5% 15% Pettus, Jerrold Brian& Sue Jane (002-00715) Note: This Mutual Agreement Drain will only cover shared costs and maintenance of 500 meters of closed tile from station 0+700 to 1+200. 6. Arrangements for the financing of the drainage works shall be as follows: Upon execution of this Agreement, construction costs shall be due and payable to Gilles Lucien Therrien, the contractor responsible for the completion of the drainage works. DATED at Straffordville, Ontario this /g day of April 2002. SIGNED IN THE PRESENCE OF: (seal) } Gilles Lucien Therrien, personally j r } & as surviving spouse of Betty Jean Therrien 1. (Si ature of Witness re Therrien) } } } (seal) Jerro rian Pettus } .AI .. . _ } _ '_.L`-' Q 10%.*— (seal) ignatur: of Witness re 'ettus) } Sue Jane P us } } 2 AFFIDAVIT OF SUBSCRIBING WITNESS Drainage Act,R.S.O. 1980,c. 126,2.2(1)7; Registry Act,R.S.O. 1980,c.445,s.25(1);R.R.O.986,Form 16 I, DWAYNE DANIEL, of the Municipality of Bayham, in the County of Elgin, in the Province of Ontario,MAKE OATH AND SAY: 1. I am a subscribing witness to the attached instrument and I was present and saw it executed at the Village of Straffordville, in the Province of Ontario, by: Gilles Lucien Therrien on August 13, 2002, and Jerrold Brian Pettus and Sue Jane Pettus on July 25, 2002 2. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Village of } Straffordville, in the Municipality 9.1_ Bayha n,county of Elgin, this (1 } Dwayn- P aniel day of c4.. ' "02.4-411 } } A Commissioner or .•ing i vaits, or a Justice of the Peace. *Where a party is unable to read the instrument or where a party signs by making his mark o in foreign characters add"after the instrument had been read to him and he appeared fully to understand it"; where executed under a Power of Attorney insert "(name of Attorney)as attorney for(name of Party)"; and for next clause substitute"I verily believe that the person whose signature I witness was authorized to execute the instrument as attorney for(name)". 3 4 , Gf . - Document General D .P- Ot•.tario Form 4—Land Registration Reform Act 1 (1) Registry ( Land Titles ❑ (2) Page 1 of L], pages (3) Property Block Property T Iden:Mier(s) Additional See Schedule El (4)Nature of Document coG7 J ~. a_ (5) Conslderatlon oLa r- o-- `.'- NIL -- M °4 r E; - Dollars$ j CD ---.. i / • (5) Description w -- CV {+' o n `" Part Lots 14 and 15 . Concession 2 , sca \ formerly in the Township of Bayham, c ,Mphlt" U now in the Municipality of Bayham, ` Part Lots "E" , "G" and "K" , Plan 54 , (formerly in the Village of Viennal New Property Identifiers alit of Ba now in the Municipality p y Bayham , y See El Executions I both in the Province of Ontario (7)This (a) Redescription (b) Schedule for: Additional! Document New Easement Additional See Schedule ❑ Contains: Plan/Sketch E] Description ® Parties ❑ Other 0 (8)This Document provides as follows: SEE AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS , RE THERRIEN MUTUAL MAIN DRAIN OPEN DITCH pursuant to the Drainage Act , R.S .O . 1980 , c . 126 , s. 2 Continued on Schedule ❑ (9)This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Names) Signature(s) Date of Signature THE CORPORATION OF THE 4.�, ; r Ak D .;! MUNICIPALITY OF BAYHAM J� d, ��t-4. ' MUNI C lt`1 • (11) Ador Service 9344 Plank Road , PO Box 160 , Straffordville Ontario NOJ 1Y0 (12) Party(les) (Set out Status or Interest) Name(s) ,,n / Signature(s) Date of Signature (13) Address for Service • - . ' - .- _ . ► s . • (14) MunicIpat Address of Property (15) Document Prepared by: I I Fees and Tax Plank Road Municipality of Bayham Registration Fee Vienna Ontario 9344 Plank Road0 ' NOJ 1Z0 PO Box 160 w Straffordville Ontario o u. NOJ 1Y0 U. mi j d11- I J O Total J 6 AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS Drainage Act, R.S.O. 1980, c. 126, s. 2 WE, THE UNDERSIGNED (in this agreement called the Owners) desiring to construct or improve drainage works in our lands as described below, and being willing to pay the costs thereof and to enter into this agreement, made pursuant to the above Act, for the construction, improvement, financing and maintenance of the drainage works as set out below, agree each with the others, as follows: 1. Our respective lands are described as follows: Assessment Roll# 002-00700 Gilles Lucien Therrien West Part Lot 15, Concession 2 and Part Lots "E""K', east side of Plank Road, Plan 54, being Part 2 on Reference Plan 11R-3323 = 7.91 acres Assessment Roll #002-00706 Betty Jean Therrien West Part Lot 15, Concession 2, and Part Lot"K", east side of Plank Road,Plan 54,being Part 1 on Reference Plan 11R-4798 = 0.62 acre Assessment Roll#002-00710 Gilles Lucien Therrien West Part Lot 15, Concession 2, and Part Lot"K", east side of Plank Road, Plan 54, being Part 2 on Reference Plan 11R-4798 =0.79 acre Assessment Roll #002-00715 Jerrold Brian Pettus & Sue Jane Pettus West Part Lot 15, Concession 2, and Part Lot"K", east side of Plank Road, Plan 54, being Part 3 on Reference Plan 11R-4798 =0.96 acre Assessment Roll#001-09900 Vienna Farms, do Leighton Martin South Part Lot 14, Concession 2, and Park Lot"G",Plan 54, Being Parts 1 and 2 on Reference Plan 11 R-2876 Assessment Roll#009-01800 Town of Tillsonburg/Municipality of Bayham West Half of Lot 15, Concession 2, formerly the railway land now designated Part 1 on Reference Plan 11 R-6477 Assessment Roll#004-01200 County of Elgin(County Road#19) Plank Road allowance between Lot 15, Concession 2, south side of Plank Road and Lot 15,north side of Plank Road, formerly known as Highway#19. 2. The estimated cost of the drainage works is SIX THOUSAND ($6,000.00) DOLLARS. 3. The drainage works consist of: THERRIEN MUTUAL MAIN DRAIN OPEN DITCH. The open ditch outlets into a pond that has an over flow at the same level as the ditch bottom as it enters the pond. The first 200 meters of open ditch already exists and the new ditch is to be dug a further 500 meters north. At this point Branch"A" and Branch"B"enter the open ditch. 4. The drainage works are located as follows: West side of Lot 15, Concession 2, Bayham Township. 5. The proportion of the cost of construction, improvement and maintenance of the drainage works shall be borne by each of the undersigned owners in the proportions set out opposite each name: 1 Name of Owner: Construction Improvement Maintenance $3,000 * 27.5% 27.5% Therrien, Gilles Lucien(002-00700) 0% 7.5% 7.5% Therrien, Betty Jean (002-00706) 0% 7.5% 7.5% Therrien, Gilles Lucien(002-00710) 0% 7.5% 7.5% Pettus, Jerrold Brian& Sue Jane (002-00715) 0% 0% 0% Vienna Farms c/o Leighton Martin (001-09900) $ tib 12.5% 12.5% Town of Tillsonburg 7 5 0 $ *8 12.5% 12.5% Municipality of Bayham 7 5 0 $ 9frtk 25% 25% County of Elgin(County Road#19) 15 0 0 *Pursuant to terms and conditions of OMB Decision,all construction costs related to proposed severance lots were to be paid by Gilles Lucien Therrien. Note: This Mutual Agreement Drain will only cover shared costs and maintenance of 700 meters of open ditch from station 0+000 to 0+700. 6. Arrangements for the financing of the drainage works shall be as follows: Construction costs as assigned to the Town of Tillsonburg, in the amount of$480; and to the Municipality of Bayham, in the amount of$480; and to the County of EIgin, in the amount of $960, shall be due and payable to Gilles Lucien Therrien, upon execution of this Agreement. DATED at Straffordville, Ontario this /g ttr day of April 2002. SIGNED, SEALED & DELIVERED } IN THE PRESENCE OF: } Town f Iso urg per } (seal) Mas o Lorton } ti -seal) } David C. Morris,Clerk } } Municipality of yham p (seal) } Mayor Ma Stewart } -r�iCety �3��Q (seal) } Lynda Millard,Clerk } } County of El (seal) arden ohn on } (seal) } Mark G.McDonald,CAO el } .4) 41) • (Si 'nature of Witness re Therrien) } 1 } Gilles Lucien herrien, personally& as } surviving s s ouse of Betty Jean Therrien Ilk } (Si nature of Wit ess re Pettus) } Jen • Brian Pettus } � _�.• 411 r.... _ �.1�if�► } Sue J.,"e '1tt . (Sig ture of Witness re Martin) } i'g •n '�.artln, V Farms 2 AFFIDAVIT OF SUBSCRIBING WITNESS Drainage Act,R.S.O. 1980,c. 126,2.2(1)7; Registry Act,R.S.O. 1980,c.445,s.25(1);R.R.O.986,Form 16 I, DWAYNE DANIEL,of the Municipality of Bayham, in the County of Elgin, in the Province of Ontario, MAKE OATH AND SAY: 1. I am a subscribing witness to the attached instrument and I was present and saw it executed at the Village of Straffordville,in the Province of Ontario, by: Gilles Lucien Therrien on April 30,2002; Jerrold Brian Pettus& Sue Jane Pettus on July 25,2002; Leighton Martin(Vienna Farms)on June 5,2002. 2. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Village of } • Straffordville, in the Municipality y o } Bayham,,County of Elgin,this Dw-y = anie day of "1164-0t- 2002. } 454-41 A Corn sstoner for taking :.dvaits, or a Justice of the Peace. * Where a party is unable to read the instrument or where a party signs by making his mark o in foreign characters add"after the instrument had been read to him and he appeared fully to understand it"; where executed under a Power of Attorney insert "(name of Attorney)as attorney for(name of Party)'; and for next clause substitute"I verily believe that the person whose signature I witness was authorized to execute the instrument as attorney for(name)". 3 ofUVliicC Document General D � Ontario Form 4—Land Registration Reform Act (1) Registry ® Land Titles 0 (2) Page 1 of. pages (3) Property Block Properly Identitler(e) Additional. See Schedule El (4)Nature of Document t-- .—t S p GRE--E 1\SNEt T' G"7 = , w J C „=„ `tj (5)Consideration c� NIL 0 .00 o CD cc n: - -- - - - Dollars $ !J7 a - i.f7 1(1 t'-I (6) Description Lu C=3 �� r o C.) r ca— , y T. ' •-� Part Lot 15 , Concession 2 , 1h n€ l �p�i� CC k. = «' 'a— fermcr the Township of Bayham, U ' 4 now in the Municipality of Bayham, New Property Identifiers Additional: See ElSchedule Executions (7)This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See Contains: Plan/Sketch Q Description E Parties 0 Other E Schedule (8)This Document provides as follows: I SEE AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS , RE THERRIEN MUTUAL DRAIN , BRANCH "B" , RAILWAY DITCH & CULVERT PIPE pursuant to the Drainage ,Act , R.S .O. 1980 , c. 126 , g . 2 Continued on Schedule 0(9)This Document relates to instrument number(*) (10) Party(lea) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE ›.yznzit161--al QUIP,i. a,/ MUNICIPALITY OF BAYHAM 4/, A /1,11. ;Ho('c/i, 44: . (11) Address torServlce 9344 Plank Road, PO Box 160 , Straffordville Ontario NOJ 1Y0 '(12) party(Ies) (Set our Status or Interest) Name(s) Signature(s) Date of Signature V M D (13) Address for Service >(14) Municipal Address of Property (15) Document Prepared by; rF— Fees and Tax J Z Registration Fee Plank Road Municipality of Bayham w Vienna Ontario 9344 Plank Road 0 NOJ 1Z0 PO Box 160 w Straffordville Ontario LL - NOJ 1Y0 0 CO O Total AGREEMENT BY OWNERS: MUTUAL AGREEMENT DRAINS Drainage Act, R.S.O. 1980, c. 126, s. 2 WE, THE UNDERSIGNED (in this agreement called the Owners) desiring to construct or improve drainage works in our lands as described below, and being willing to pay the costs thereof and to enter into this agreement, made pursuant to the above Act, for the construction, improvement,financing and maintenance of the drainage works as set out below, agree each with the others, as follows: 1. Our respective lands are described as follows: Assessment Roll#009-01800 Town of Tillsonburg/Municipality of Bayham West Half of Lot 15, Concession 2, formerly the railway land now designated Part 1 on Reference Plan 11R-6477 Assessment Roll #004-01200 County of Elgin Plank Road allowance between Lot 15, Concession 2, south side of Plank Road and Lot 15, north side of Plank Road, formerly known as Highway#19. 2. The estimated cost of the drainage works is TWO THOUSAND FIVE HUNDRED AND SEVEN DOLLARS AND FORTY CENTS ($2,507.40)DOLLARS. 3. The drainage works consist of: Therrien Mutual Drain, Branch"B" Railway Ditch and Culvert Pipe: On the east side of the of the Main Open Ditch at station 0+685 a new culvert pipe 380 mm with rodent trap running north east for 55 meters with one off set catch basin installed lining up with the south ditch. There will be 440 meters of open ditch on the north side of the old railway at which point the ditch turns north for 30 meters stopping in front of an existing 380 mm surface pipe that crosses Plank Road to the north ditch. All work on "B" Branch will be done by the Municipality of Bayham and the associated cost be divided by The Municipality of Bayham and The Town of Tillsonburg and The County of Elgin. 4. The drainage works are located as follows: North 1/4 of Lots 15, 16, Concession 2, Bayham Township. 5. The proportion of the cost of construction, improvement and maintenance of the drainage works shall be borne by each of the undersigned owners in the proportions set out opposite each name: Name of Owner: Construction Improvement Maintenance Town of Tillsonburg $ 626.85 25% 25% Municipality of Bayham $ 626.85 25% 25% County of Elgin(County Road#19) $1,253.70 50% 50% 1 Note: This Mutual Agreement Drain will only cover shared costs and maintenance of 55 meters of closed tile from station B0+000 to 0+B055 plus 470 meters of open ditch, from station B0+055 to B0+525, along the north ditch of the old rail line. 6. Arrangements for the financing of the drainage works shall be as follows: Upon execution of this Agreement, construction costs shall be due and payable in full to the Municipality of Bayham. DATED at Straffordville, Ontario this /V day of April 2002. SIGNED, SEALED & DELIVERED IN THE PRESENCE OF: } Town f T'.�so urg per } �,. dr— (seal) } Mayor riw orton } Dal.id C. Morris,Clerk } } } Municipality f Bapality ohammpperr } G; / (seal) } Mayor Max Stewart } 42r, 44:NNW\Lb ., (seal) } Lynda Millard,Clerk } } } Co niy of El 'n per (seal) arden John R.Wits. } sea } } Mark G.McDo = ' } 2