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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 :J .�k.. -{� f.Iw ��� o :uni'_"y'.! " 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)