HomeMy WebLinkAboutBy-law 1491/82T~E CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1491/82
Being a By-law to authorize the execution
of a Pipe Crossing Agreement between the
Corporation of the Town of Pickering and
Canadian National Railway Company respecting
the costruction and enlargement of a Storm
water pipe crossing (Mile 3.34 York Subdivision
CoN.R. Petticoat Creek East Branch Tributary).
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 enlargement of a storm water pipe
crossing under the Canadian National Railway Company
right-of-way at Mile 3.34 York Subdivision (Petticoat
Creek East Branch Tributary).
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS F~LLOWS:
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 National Railway Company respecting
the construction and enlargement of a storm
water pipe crossing (Mile 3.34 York Subdivision
C.N.R. - Petticoat Creek East Branch Tributary).
BY-LAW read a first, second and third time and finally
passed this 17th day of May 1982.
Clerk
CNRo3836
4-72
48-26-852
THE UNDERSIGNED
(HEREinafter CALLED THE
Y]-3.34
PIPE CROSSING AGRE
Town of Picketing
1710 Kingston Rd.
PickePing, Ontario
LlV 1C7
"APPLICANT") PURSUANT TO
SCHEDULE "A"
TO
BY-LAW NO. 1491/82
R.S.C., 1970, CHAPTER R2, HEREBY APPLIES TO CANADIAN NATIONAL RAILWAY COMPANY.
(HEREINAFTER CALLED THE ''RAILWAY") FOR PERMISSION TO CONSTRUCT AND MAINTAIN THE
PIPE CROSSING (HEREINAfter CALLED TH~ "WORKS") SHOWN ON THE PLAN ATTACHED HERETO
AT THE LOCATION AND IN THE MANNER SHOWN ON THE SAID PLAN, ~/ 1671-25 dated
Aunts% 1981 - mile 3,34 ¥oz'k Subdivision,
THE APPLICANT CONVENANTS 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 CANADIAN TRANSPORT COMMISS}ON RESPECTING P~PE CROSSINGS UNDER RAILWAYS In
FORCE FROM TIME TO TIME~ INCLUDING, BUT WITHOUT LIMITING THE GENERALITY Of THE
FOREGOING~ GENERAL ORDER NO. E-~0 DATED THE 1ST DAY OF FEBRUARY, A.D. 1965, AND AMEND-
MENTS 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 SPECIP~CATIONS.
SHOULD IT BECOME NECESSARY OR EXPEDIEnt FOR THE PURPOSES Of REPAIR OR IM-
PROVEMENT 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~N ACKNOWLEDGMENT 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 FROM May 1, 1982 THE SUM Of $2S.00
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 Ol~
AGAINST THE LANDS OF THE RAILWAY BY REASON OF the PRESENCE OF THE WORKS.
6. THIS LICENSE MAY BE TERMINATED At ANY TIME AFTER THE DATE HEREOF BY Either
PARTY GIVING TO THE OTHER PARTY NOT LESS Than THIRTY (30) DAYS' NOTICE IN WRITING
OF INTENTION TO TERM)NATL.
DATED AT Picketing AS AT THE
SIGNED, SEALED AND DELIVERED
[N THE PRESence Of
DAY OF
~982
Town of Picketing
THE RAILWAY HERESY CONSENTS tO THE CONSTRUCTION AND MAINTENANCE OF THE
WORKS REFERRED TO HEREIN AND UPON THE TERMS AS ABOVE SET FORTH.
CANADIAN NATIONAL RAILWAY COMPANY
PER ;
Manager of Real EstatJ~
DATED AT To,-onto THIS 27th DAY Of April
,9 82
g311Fl~
HI~ON
~TOWN Oi: PICKERIftG
LEGAL DEPARTMENT
CNR Pipe Crossing Agreement
- Petticoat Creek East Branch
Tributary
- Bramalea Res 5 Subdivision