Loading...
HomeMy WebLinkAboutBy-law 3547/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3547/90 Being a by-law to authorize the execution of two Pipe Crossing Agreements between the Corporation of the Town of Picketing and Canadian National Railway Company respecting the construction of storm water pipes crossing Mile 4.25York Subdivision. WHEREAS pursuant to the provisions of the Regional Municipali.ty of .Durham Act, R.S.O. 1989, chapter 434, the Corporation of the Town of Pickering has jur~sdicuon over storm water drainage systems within the Town of Picketing; and WHEREAS it is deemed desirable to provide for the construction and mainten.a~.ce of storm water pipes crossing across and under the Canadian National Railway Company right-of-way at Mile 4.25 York Subdivision; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Pipe Crossing Agreement, in the form attached hereto as Schedule A, between the Co~oration of the Town of Picketing and Canadian Nation. al Railw. ay Comp. any respecUng the..c~nstruction and maintenance of a storm water pipe crossing at Mile 4.25 York Subdiws~on as shown on Plan No. 5919-116, prepared by Cumming Cockburn Limited, dated January, 1989. 2. The Mayor and Clerk are hereby authorized to execute a Pipe Crossing Agreement, in the form attached hereto as Schedule B, between the Corporation of the Town of Picketing and Canadian National Railw. ay Comp. any respecting the.construction and maintenance of a storm water pipe crossing at Mile 4.25 York Subdiwslon as shown on Plan No. 5919-117, prepared by Cumming Cockbum Limited, dated January, 1988. BY-LAW read a first, second and third time and finally passed this 17th day of September, 19901 -TOWN CF pIcKERING~ kS T0 FORM THE CORPORAT/ON OF THE TOWN OF PICKERINO BY-LAW NO, 3547/90 Being a by-law to authorize the execution of two Pipe Crossing Agreements between the Corporationof the Town of Pickering and Canadian National Railway Company respecting the construction of storm water pipes crossing Mile 4.25York Subdivision. WHEREAS pursuant to the provisions of the Regional Municipality of Durham Act, R.S.O. 1980, chapter 434, the Corporation of the Town of Pickering has jurisdiction over storm water drainage systems within the Town of Pickering; and WHEREAS it is deemed desirable to provide for the construction and maintenance of storm water pipes crossing across and under the Canadian National Railway Company right-of-way at Mile 4.25 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 Pipe Crossing Agreement, in the form attached hereto as. Schedule A, between the Corporation of the Town of Pickering and Canadian Nauonal Railway Comp. any respecting the construction and maintenance of a storm water pipe crossing at Male 4.25 York Subdivision as shown on Plan No. 5919-116, prepared by Cumming Cockburn Limited, dated January, 1989. 2. The Mayor and Clerk are hereby authorized to execute a Pipe Crossing Agreement, in the form attached hereto as Schedule B, between the Corporation of the Town of Picketing and Canadian National Railway Comp. any respecting the construction and maintenance of a storm water pipe crossing at Mile 4.25 York Subdivision as shown on Plan No. 5919-117, prepared by Cumming Cockburn Limited, dated January, 1988. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne krth~rs, Mayor ~OwN CF B T 1 lrd/ ::qcKERING APPROVED ~,S TO FORI~ PIPE CROSSING AGREEMENT The Corporation of the Town of Picketing 1710 Kingston Road Pickering, Ontario LlV 1C7 THE UNDERSIGNED (Hereinafter called the "Applicant") Pursuant to section 209 of the Railway Act, R.S.C. 1970, Chapter R-2, hereby applies to Canadian National Railway Company (hereinafter called the "Railway") for permission to construct and maintain the Pipe Crossing (hereinafter called the "Works") shown on Plan No. 5919-116 dated January 1989 - mile 4.25 York Subdivision attached hereto at the location and in the manner shown on the said Plan. THE APPLICANT COVENANTS AND AGREES WITH THE RAILWAY THAT: 1. The Works shall be constructed and at all times maintained in accordance with the general orders, regulations, plans or specifications adopted or approved by the National Transportation Agency respecting pipe crossings under railways in force from time to time, including, b~t without limiting the generality of the foregoing, General order No. E-10, dated the 1st day of February, A.D. 1965, and amendments thereto, in the same manner and to the same degree as if the said orders had been special orders made in relation thereto and the Applicant hereby agrees to observe and perform all the terms and conditions of the said orders, regulations, plans or specifications. 2. Should it become necessary or expedient for the purposes of repair or improvement on the said Railway that the Works be temporarily removed or relocated, the Applicant shall, upon request of the Railway and at the sole cost and expense of the Applicant, forthwith remove or relocate the works. 3. As an acknowledgement of the property rights of the Railway in the lands of the Railway occupied by the Works, the Applicant will pay to the Railway annually in advance, effective frcm March 1, 1989, the sum of 714.oo. 4. The Applicant will indemnify and save harmless the Railway against all taxes, rates and assessments at any time levied or assessed against the Works or against the lands or the Railway by reason of the presence of the Works. 5. Neither this License nor any right, interest or privilege hereunder is subject to any assignment or sub-lease without having first obtained the conseQt, in writing, of the Railway. 6. This License may be terminated at any time after the date hereof by either party giving to the other party not less than ninety days' notice in writing of intention to terminate. 7. The Railway considers the installation and proposed use of the above pipe crossing as outlined in application will not have the detrimental effect on the safe railway operations over this line. DATED at , this day of , 19 The Railway hereby consents to the construction and maintenance of the Works referred to herein and upon the terms as above set forth. DATED at , this day of , 19 CANADIAN NATIONAL RAILWAY COMPANY Regi6nal Manager, Real Estate Services Approved as to form Y1-4.25 THIS AGREEMENT made as of the FIRST day of MARCH, ONE THOUSAND NINE HUNDRED AND EIGHTY-NINE BETWEEN : CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Reilway") OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Licensee") OF THE SECOND PART PERMISSION is hereby given by the Railway to the Licensee to construct, use and maintain a 1200m diameter concrete sewer pipe (hereinafter referred to as the "line"), under and along the premises of the Railway at or near Mileage 4.25 of the Railway's York Subdivision, in the Town of Picketing, Regional Municipality of Durham, and Province of Ontario, being located as set forth in the attached Drawing No. 5919-~17, prepared by Cumming Cockburn Limited, dated January, ~988, which forms part hereof; SUCH PERMISSION IS GIVEN SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: TBE LICENSEE AGREES: At its own risk and expense, to construct, use and maintain the line in the location mhown and in the manner specified on the attached drawing, 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 {~) 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 provide4 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 affect at the Licensee's risk and z ~pense, such removal or relocation and as well, upon subsequent Railway request, the restoration of the line. Should the Licensee fail to do eo 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. 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. 8. To pay to the Railway, for the privileges herein granted, the sum of NINE MUNDRED AND NINETY-SEVEN DOLLARS ($997.00) per annum, payable annually in advance on the First day of March in each year, the first of such payments to become due and payable on the First day of March, One Thousand Nine Hundred and Eighty-Nine. PROVIDED that the consideration payable by the Licensee shall be subject to review for each successive five (5) year period during the continuance of this License and set at amounts which, in the opinion of the Railway, are fair and equitable, but in no event shall a yearly rate be less than the yearly rate payable during the initial period and shall be payable in like 9. Not to assign or sub-license this License nor any right or privilege hereunder without the consent in writing of the AND IT IS MUTUALLY AGREED: 10. This License shall take effect as and from the First day of March, One Thousand Nine Hundred and Eighty-Nine, and shall thereafter continue in force until terminated by either party hereto on giving to the other party not less than thirty (30) dayS~ written notice. PROVIDED that if the Licensee shall be in breach of any of the terms, covenants, provisos or conditions herein set forth, the Railway may terminate this License forthwith. Notice hereunder may be given by addressing same: to the Licensee at: ltl0 Kingston Road Picketing, Ontario L1V and to the Railway addressing same to: Regional Manager Real Estate Services Suite 902 277 Front Street West Toronto, Ontario MSv 2X4. Upon the termination of this License in any manner, the Licensee shall forthwith, at its own risk and expense, remove the line form the premises of the Railway and restore the said premises affected by such removal to a condition satisfactory to the Railway. Should the Licensee default in so doing, the Railway may perform the said work of removal and restoration at the risk and expense of the Licensee. IN WITNESS WHEREOF the parties hereto have duly executed these presents. Witness: CANADIAN NATIONAL RAILWAY COMPANY Regional Manager Real Estate Services TME CORPORATION OF TME TOWN OF PICKERING as to Solicitor~ ~ f~l :r''~ Location map/site 'iF '1'1 .................. sketch re Schedule A - to by-law KEY PLAN "' ' ' .1 " Location map/site sketch re Schedule B ~ " to by-law ..