85-48
·~~.,~~..~J
G. C. Leverton
Clerk.
~
J. Lavereau
Warden.
READ a
third
time and finally passed this
12th day of September
1985
READ a
READ a first time this
1. That the Warden and Clerk of the County of Elgin
and are hereby authorized to sign an agreement between
William Wiebenga, John Volekaert and Mario Chirico and
County of Elgin setting forth the terms and conditions
to for the said property
second
time this
12th day of September
12th day of September
1985
1985
the
agreed
be
NOW THEREFORE the Municipal Council of the Corpora-
tion of the County of Elgin enacts as follows
certain
WHEREAS both the County and owners
terms and conditions
have agreed
WHEREAS the County of Elgin wishes to set out cer-
tain responsibilities by agreement with respect tQ/'entrances
onto County Road #28 and the assumption by the owners of a
portion of Lot 10, Concession VIII, Township of Yarmouth. of
certain costs of widening the said road and the sale of
property to the County to widen same and
to
"BEING A BY-LAW TO AUTHORIZE THE WARDEN AND CLERK TO SIGN
AN AGREEMENT BETWEEN THE COUNTY OF ELGIN AND THE OWNERS OF
PROPERTY IN LOT 10 CONCESSION VIII TOWNSHIP OF YARMOUTH
"
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COUNTY OF ELGIN
BY-LAW NO 85-48
present pavement.
twenty-four
carried to the new property
Highway #3 and County Road #28
curb to have~$uitable radius for
curb and gutter to accommodate a paVement
intersection of
feet
(24
)
from
the centerline of the
line.
The
the entrance and to be
location of the
width of
This
Ministry of Transportation and Communications at
the
from
the end of
the
present curb return placed by the
Communications
barrier type curb and gutter
southerly
installation of Ministry of
Transportation
and
(H)
The
Owner s
agree to reimburse the County for
the
property
line
to be twenty-eight
feet
(28
)
between curbs
at
the
(23
)
from the
south property
line
with the entrance
south
limit of the entrance to be twenty-three feet
limited
to one
(1 )
entrance from County Road
#28
the
(B)
(i)
The
Owners of the property
agree
that they
will
be
regi ~B!,anon
in the County of Elgin
Registry Office.
preparation of a deed to the County of Elgin and its
(iii)
The County of Elgin agrees
to pay
for
surveying and
along the
new property
line
at the rate of Twelve
Dollars
($12.00)
per rod measured
allowance in
lieu
of fence erected along
the new
frontage
(ii )
Two Thousand
the full length and seventeen feet (17
The County agrees to pay for this land
Dollars
($2
000
)
per acre and pay a fence
) in width.
at the rate
of
"
County Road #28 along the east side of their property
for
(A)
(i)
The
Owners
agree to
sell
to the
hereinafter known as the COUNTY
PARTIES OF THE SECOND PART
County
land to
widen
THE CORPORATION OF THE COUNTY OF ELGIN
and
hereinafter known as the OWNERS
PARTIES OF THE FIRST PART
WILLIAM WIEBENGA,
Owners of part of
Yarmouth Township
Schedule 'AI ),
JOHN VOLEKAERT AND MARIO QIIRICO, the
of Lot 10, Concession VIII,
of which is annexed as
a portion
(a description
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(xi) Prior to commencing any work, the County shall provide
notice to the Owners who shall have 14 days to arrange
for the work to be done privately at their own cost
and according to County specifications.
If within the 14 days the Owners notify the County that
they will complete the work themselves at their cost",
the County will not proceed with the work so long as it
is finalized within a time frame agreeable to the
parties.
xii) It is agreed that the wQrk described in this section will
be completed in 1985 by the County or the Owners. It is
however agreed that in the case of an undue delay caused
by failure of the owners to obtain final Rezoning Approvals
from the Township of Yarmouth or the Ontario Municipal Board
J
the work may be postponed to 1986.
L
(,¡iii) Any invoice rendered by the County of Elgin for work done
j ')¡ ,i {
by the County or by its Agents shall be paid for by the
j- J
Owners within 30 days.
(C) The County agrees that the cost of work to be undertaken
by virtue of this and to be paid by the Owners shall not
exceed the sum of SIX TJIOUSAND DOLLARS ($6,000) in total.
(D) The Owners agree and enclose herewith an irrevocable
letter of credit from a Canadian Chartered ßank made
-
payable to the County in the amount of FIVE THOUSAND
DOLLARS ($5,000).
(E) (i) The County will at their expense provide a catch basin in
the curb and gutter near the end of the present curb
.,_._.m...'.. return at Highway #3 and County Road #28 and will outlet
this basin using steel pipe to the inlet of the culvert
crossing County Road #28 at Highway #3.
(ii ) The County will at their expense provide a catch basin if
required at or near the present catch basin near the south
property line on the Winters Municipal Drain and will pay
for any modifications or relocation of the present catch
basin required.
(F) This Agreement shall enure to the benefit of ånd be binding
upon their respective executors, administrators he ir s,
successors and assigns of the parties hereto
I
4
(0) ThE! ipartiE!s maY vary this AgrE!E!mE!nt at any timE! and from
timE! to timE! by agreE!ffiE!nt in writing sigrtE!d by all
partiE!s.
IN WITNESS WHEREOF the said WILLIAM WIEBENGA, JOHN
VOLEKAERT AND MARIO GHIRICO have hereunto set their hands and
sE!a1sthis day of SéþtE!mber, 1985.
SIGNED, SEALED AND DELIVERED ).
in thE! prE!SE!nCE! of: )
) WILLIAM WIEBENGA ,
)
)
) JOHN VOLEKAERT f!
)
)
)
) MARIO CHIRICO .
IN WITNESS WHEREOF the Corporation has hE!rE!unto affixE!d
thE!ir Corporate Seal by the hand of the proper signing offic~r
duly authorized in that behalf this day of September, 1985.
) THE COPPOFATWN OF THE COUNTY OF
) ELGIN
)
)
) WARDEN
)
)
)
) CLERK
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