HomeMy WebLinkAboutBy-law 4810/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4810/96
Being a by-law to authorize the execution of a Licence
Agreement between the Corporation of the Town of
Pickering and Canadian National Railway Company
respecting the construction and maintenance of
stormwater pipes from Mile 2. 47 to 2.57 York
Subdivision.
WHEREAS, pursuant to the provisions of the Regional Municipality of Durham Act, R.S.O. 1990,
chapter R. 19, The Corporation of the Town of Pickering has jurisdiction over stormwater drainage
systems within the Town of Pickering; and
WHEREAS, it is deemed desirable to provide for the construction and maintenance of stormwater pipes
crossing under and across the Canadian National Railway Company right-of-way from Mile 2.47 to 2.57
York Subdivision;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form
attached hereto as Schedule A, between The Corporation of the Town of Pickering and Canadian
National Railway Company respecting the construction and maintenance of a stormwater pipe
crossing from Mile 2.47 to 2.57 York Subdivision.
BY-LAW read a first, second and third time and finally passed this 24th day of June, 1996.
B~ce Taylor, Clerk
pal/report/reppw696
THIS AGREEMENT made as of the FIRST day of JULY, ONE THOUSAND NINE
HUNDRED AND NINETY-SIX.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
(hereinafter called the "Railway")
OF THE FIRST PART
- and -
TOWN OF PICKERING-P.U.C.
(hereinafter called the "Licensee")
OF THE SECOND PART
PERMISSION is hereby given by the Railway to the Licensee to
construct, use and maintain a 450mm diameter STORM SEWER PIPE
(hereinafter referred to as the "line"), under, across and/or along
the Railway's right-of-way for a distance of approximately 450
feet between mileage 2.47 and mileage 2.57 of the Railway's YORK
Subdivision, in the Town of PICKERING, Regional Municipality of
DURHAM in the Province of Ontario, in the manner and at the
location as shown on Schedule "A" attached hereto which forms part
hereof; SUCH PERMISSION IS GIVEN SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
THE LICENSEE AGREES:
1. At its own risk and expense, to construct, use and
maintain the line in the location shown and in the manner specified
on the attached Plan, to the satisfaction of the Railway and in
compliance with all orders, rules and regulations of the National
Transportation Agency or other authority of competent jurisdiction
now or hereafter in force applicable thereto.
2. Before commencing any construction or major repairs or
renewals of the line, to give to the local Superintending Officer
of the Railway at least seven (7) days' prior notice in writing to
enable the Railway to send an inspector and/or a flagman to
supervise the said work and to pay the wages of the said inspector
and/or flagman, including their expenses while so engaged, on
demand from the Railway.
3. To restore, after construction is completed, the
Railway's right of way.
4. (a) Should the Railway deem it necessary or desirable at any
time or from time to time that the line or any portion thereof be
moved or relocated, the Railway shall give the Licensee notice in
writing to make such alterations and thereupon to perform all such
alterations promptly at its own risk and expense. Should the
Licensee fail to make such alterations within a reasonable time,
the Railway may perform such work at the Licensee's risk and
expense.
(b) Should the Railway at any time desire to construct tracks
or other railway works over or across any portion or portions of
the line and should the Railway not require the line to be moved as
provided in the first paragraph of this clause, at its own risk and
expense, to install such concrete encasement or other works to
protect the line as may be designated by the Railway.
5. Should the Railway deem it necessary or desirable at any
time or from time to time for the purposes of repair or improvement
on the railway that the line or any portion thereof be temporarily
removed or relocated, to forthwith upon Railway request, effect at
the Licensee's risk and expense, such removal or relocation and as
well, upon subsequent Railway request, the restoration of the line.
Should the Licensee fail to do so, the Railway may perform such
work at the Licensee's risk and expense.
6. Not to interfere, in any way, with the usefulness or
safety for railway purposes of the Railway's tracks or other
premises.
7. The Licensee hereby accepts the land and premises
pertaining to the line on an "as is" basis and hereby waives
against the Railway, all rights and recourses of any nature
whatsoever in respect of any defects therein. The Railway makes no
representation or warranty with respect to the condition, nature,
composition, use (past, present or future) of such land and
premises.
The Licensee shall comply with the provisions of any
federal, provincial or municipal environmental laws which during
the continuance of this Agreement shall become applicable to the
land and premises pertaining to the line. If any governmental
authority exercising jurisdiction with respect to environmental
protection requires, in respect of the line, the installation of
equipment or apparatus on any such land and premises, then the
Licensee shall promptly install such equipment or apparatus or take
such measures as may be required by such governmental authority.
The Licensee shall be solely responsible for the cost of all work
carried out to comply therewith.
Upon the termination of this Agreement the Licensee shall
leave the land and premises pertaining to the line free of any
environmental contamination resulting from or occurring during the
Licensee's occupation or use thereof. If the Licensee has
installed any facility on, over or under such land and premises,
the Licensee shall remove such facility by the date of such
termination, unless the Railway consents in writing to such
facility remaining thereon. The Licensee shall have the burden of
proving that any environmental contamination has not resulted from
or occurred during its occupation or use of such land and premises.
In the event that the Licensee fails to comply with the above to
the satisfaction of the Railway, the Railway may undertake any such
work that it considers necessary to correct any environmental
contamination which may have resulted from the Licensee's
occupation or use of Railway Property and all expenses incurred by
the Railway, either directly or indirectly, shall be payable by the
Licensee upon receipt of Railway accounts therefor.
The responsibility of the Licensee to the Railway with
respect to the environmental obligations contained herein shall
continue to be enforceable by the Railway notwithstanding such
termination.
8. To at all times indemnify and save harmless the Railway
from all loss, expense and/or liability howsoever incurred by the
Railway and the Licensee hereby waives as against the Railway, all
claims of whatsoever nature or kind, where such loss, expense,
liability or claims arise directly or indirectly out of or are
attributable to the exercise by the Licensee or others of the
privileges herein granted, whether such loss, expense, liability or
claims result from the negligence of the Railway or otherwise.
- 4
IN WITNESS WHEREOF the parties hereto have duly executed these
presents.
Witness: CANADIAN NATIONAL RAILWAY
COMPANY
Director
Real Estate Management, Central Canada
TOWN OF PICKERING PUC
President
Secretary
Approved
as to
form
Solicitor
SQ. 0 ~j~
% ¢ STROUD S ~NE
ST~OUD'S~ / ~ 0
~ KATE S
Tow~ o~ Picketing Public Work~ Department
CANADIAN NATIONAL RAILWAY COMPANY
UNDERGROUND PIPE CROSSING
(Between Spruce HHI Road and Fa[rport Road)