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2022 Corporation of the County of Elgin By-law Number 2022 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE MINISTER OF HIGHWAYS FOR ONTARIO RELATING TO A ROAD UNDER THE \ JURISDICTION OF THE CORPORATION OF THE COUNTY OF ELGIN DESIGNA TED AS DEVELOPMENT ROAD NUMBER 931 "'" It is hereby enacted by the Council of the Corporation of the County of Elgin 1. That the Warden and Clerk are hereby authorized to execute an agreement between the Minister of Highways for Ontario and the Corporation of the County of Elgin attached hereto and marked Schedule "A". Read a first, second and third time and passed this 22nd day of j'ilay , 19 68 a. ß~91{c ê Warden (Seal) ~~-~,~ , erk I hereby certify that the foregoing is a true copy of By-law Number passed by the Council of the Corporation of the County of Elgin on the day of 19 !:l r ý SCHEDULE "A" THIS AGREEMENT BETWEEN HER MAJESTY THE QUEEN in right of the Province of Ontario, as represented by the Minister of Highways hereinafter called the Department, and The Corporation of the County of Elgin hereinafter called theCo~poration, WITNESSETH THAT: the Minister of Highways for Ontario has designated as a development road on the 9th da y of May 1968 , the road described as follows: Designated Development Road Number De scription 931 THAT PART of Elgin County Road No 20 from approximately 0.4 miles north of Elgin County Road No. 16 southerly for a distance of approximately 5.8 miles. AND WHEREAS the said road or part thereof is under the jurisdiction of the Council of the Corporation. NOW THEREFORE THIS AGREEMENT WITNESSETH that, in con- sideration of the premises and the covenants hereinafter contáined, the parties hereto, for themselves and their respective successors and assigns, do hereby mut"\,,,Uy covenant and agree as follows: 1 The Department agrees and hereby undertakes while this agreement remains in force to construct or improve the said road either by itself or by a contractor or by the Corporation to a standard which in the opinion of the Department is satisfactory for the type and intensity of traffic using the said road and which may be possible having regard to the funds available for the purpose but the DepartmerÜ does not assume any liability for the said road. (Seal) a 5;r{: Warden CORPORATION OF THE COUNTY OF ELGIN May Signed and sealed 1968 this 22nd day of Seal) Mlnlster 0 or Ontario This day of 19 of the Province of Ontario HER MAJESTY THE QUEEN in the right IN WITNESS WHEREOF 6 This agreement shall Minister of Highways be effective on for Ontario. exe cuted by the date This agreement shall remain and continue in force until the designation of the said r,oad as a Development Road has been revoked excepting paragraph 3 thereof which shall remain and continue in force. it is the 5 The Corporation agrees and hereby undertakes to indemnify and save harmless the Department from and against all loss, costs, expense or damage which the Department or its officer.s or the public may incur, suffer or be put to by reason of any work being done on the said road or part thereof over which the council of the Corporation has jur~sdiction or by reason of any accident, damage or injury which may be sustained on account of such work being done or the same being maintained or on account of the condition of the said road or part thereof at any time. 4 3. It is understood and agreed that the Corporation is and will continue to be responsible for the maintenance and repair of the said road and the Corporation covenants and agrees that after the designation of the said road as a Development Road has been revoked the Corporation will maintain it and keep it in a state of repair satisfactory to the Department and in default thereof the Department may, pursuant to section 98 of The Highway Improvement Act 1960, itself repair the road and charge the cost to the Corporation. 2 The Corporation agrees and hereby undertakes to acquire any land within the boundaries thereof which may be requir,ed for widening or deviating the said road or which may be otherwise required in connection with the construction, improvement or maintenance of the said road and to bear the cost thereof including any necessary fencing. 2 HO/ph Attach. ,/ cc Mr. R.G. Moore, County Engineer. ~, ~cß.J2~- H. Orlando, Municipal As sistance Admini str ator. -- - ----^ -- Yours very truly, A The designation of the above Development and the agreement pertaining thereto between your Department is terminated. copy of the revocation document is attached Road has been revoked municipality and the for your office files Development Road No. 931, Cour¡.ty Road No. 20 (Part), Count of Ele:in. Re De ar Sir Mr. H. L. Johnson, Clerk, County of Elgin, Court House, St. Thomas, Ontario. RECEIVED JAN 1 ';, _J 1972 Municipal Branch, Downsview 464, Ontario January 11th, 1972. MINISTER: HONOURABLE CHARLES MacNAUGHTON DEPUTY MINISTER A. T.e. McNAB DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS ONTARIO Janua.ry 7th Dated at Toronto THAT PART of Elgin County Road No. miles north of Elgin County Road No. of approxima.tely 5.8 miles. 1972. 20 from approximately 0.4 16 southerly for a distance ELGIN COUNTY ROAD NO. 20 lPART) follows: The road is de scribed in the above mentioned Designation as known as Development Road Number 931 is hereby revoked of the dated TAKE NOTICE 1968 Elgin County of May 9 of a road under the a Development jurisdiction and control that the Designation as Road D. R DEVELOPMENT ROAD 931 of REVOCATION of the DESIGNATION a DEPARTMENT OF o TRANSPORTATION AND COMMUNICATIONS ONTAR - The Department agrees and hereby undertakes while this agreement remains in force to construct or improve the said road either by itself or by a contractor or by the Corporation to a standard which in the opinion of the Department is satisfactory for the type and intensity of traffic using the said road and which may be possible having regard to the funds available for the purpose but the Department does not assume any liability for the said road. 1 '[ne parLle ~ and assigns AAW lad Attached Agreement Designation 'Ile~·eI..U, l.U.L do hereby 1..1.1<;:;.1.1.1<0 mutu covenant ---¡:-- and agree as follows ..-.c:C~ ,~ A. A. Ward Assistant Municipal Yours very truly Engineer A copy each of the completed agreement and of the designa- tion document are attached for your office records The Honourable George E. Gomme, Minister of Highways has been pleased to complete the Department-Municipality agree- ment regarding the above recently designated development road. Dear Sir Development Road No. 931 County Road No 2 {Part} C aunt in Re Mr H L. Clerk-Treasurer County of Elgin, Court House St Thomas, Ontario Johnson, Downsview, Ontario June 3rd 1968. ONTARIO DEPARTMENT OF HIGHWAYS , The Department agrees and hereby undertakes while this agreement remains in force to construct or improve the said road either by itself or by a contractor or by the Corporation to a standard which in the opinion of the Department is satisfactory for the type and intensity of traffic using the said road and which may be possible having regard to the funds available for the purpose but the Department does not assume any liability for the said road. 1 NOW THEREFORE THIS AGREEMENT WITNESSETH that, in con- sideration of the premises and the covenants hereinafter contained, the parties hereto, for thems,elyes and their respective successors and assigns, do hereby mutually covenant and agree as follows: AND WHEREAS the said road or part thereof of the Council of the Corpora tion. is under the j u r i s d i ct io n ª dist~nce of s.pproxl.mätely 5.8 mUu, Elgin Gounty RÇ)ad No 16, southedy for from approximately 004 miles north of 931 Designated Development Road Number THAT PART of Elgin County Roa.d No. Description 20 196,8 the road described as follows as a development roaÇ. 01). the 9th da y of Ma.y the Minister of ."., ',.' Highways 'for'Ontàriohas de signa ted WITNESSETH THAT the Corporation hereinafter called Thè COrpol'at1on o,f the County of Elgin and the Department, he reinafter called of Onta rio as represented by the Minister of Highways HER MAJESTY THE QUEEN THIS AGREEMENT BETWEEN in right of the Province Seal) Wardel1 ÇOR PORA nON OF THE COUNTY OF ELGIN (Seal I,tIay Signed and sEialed Mln 1 this 19nways 968 22nd day of This 30th day of May 19 68 of the Province of Ontario HER MAJESTY THE QUEEN in the right IN WITNESS WHEREOF 6. This agreement shall Minister of Highways be effeçtive on for Ontario. it is executed by 5 the .date This agreement shall remairt and continue in force until the designation of the said road as a Development Road has been revoked excepting paragraph 3 thereof which shall remain and continue in force. the The Corporation agrees and hereby undertakes to indemnify and save harmless the Department from and 'against all loss, costs, expense or damage which the Department or its officers or the public may incur, suffer or be put to by reason of any work being done on the said road or part thereof over which the council of the Corporation has jurisdiction or by reason of any accident, damage or injury which may be sustained on account of such work being done or the same being maintained or on account of the condition of the said road or part thereof at any time. 4. 3. It is understood and agreed that the Corporation is and will continue to be responsible for the maintenance and repair of the said road and the Corporation covenants and agrees that after the designation of the said road as a DeveloþmentR'oad has been revoked the Corporation will maintain it and keep it in a state of repair satisfactory to the Department and in default thereof the Department may, pursuant to section 98 of The Highway Improvement Act, 1960, itself repair the road and charge the cost to the Corporation. 2 The Corporation agrees and hereby undertakes to acquire any land within the boundaries thereof which may be required for.widening or deviating the said road or which may be otherwise required in connection with the construction, improvement or maintenance of the said road and to bear the cost thereof including ¡my necessary fencing , 2 I~ Corporation of the County of Elgin By-law Number 2022 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE MINISTER OF HIGHWAYS FOR ONTARIO RELATING TO.A ROAD UNDER THE JURISDICTION OF THE CORPORATION OF THE COUNTY OF ELGIN DESIGNA TED AS DEVELOPMENT ROAD NUMBER 931 It is hereby enacted by the Council of the Corporation of the CQunty of BUgin 1. That the Wa.rden and Clerk are hereby authorized to execute an agreement between the Minister of Highways for Ontario and the Corporation of the COunty of Elgin attached hereto and marked Schedule "A". Reada first, second and third time and pas sed this 2Znd da y of Ì"'la.y , 19 68 {} ~~'-ctt r'en (Seal) ~ ~- ,£ ~~/ I hereby certify that the foregoing is a true copy of By-law Number 2022 passed by the Council of the Corporation of the Couhty of Elgin on the 22nd da y of Hay, 1968 is hereby designated a development road to be constructed, or improved as provided therein. This designation shall have effect, from the 9th day of :Ma.y A.D. 1968 and until further notice, Dated at Toronto .6~ Ma.y 9th, 1968. M1Dlster of Highways 'l'HA'l' PART of :nngbl <::oU1jI:Y Road No.;~O bom approximately .0.4 MUu north of Elgin County Road No. 16 $oµtherly for a distan¢e of approximately 5. 8 mile!!_ ELGIN COUNTY ROAD NO ",' " '. ~ TAKE NOTICE that, pursuant the Highway Improvement Act R. S. O. amendments thereto, the road shown and described as follows:. z to the provisions of Part XI of 1960, Chapter 171, and the in green on the attached map J?ø.1i't DESIGNATION OF DEVELOPMENT ROAD -------------------------------------- D. R. 931 . ONTARIO DEPARTMENT OF ,HIGHWAYS