HomeMy WebLinkAboutBy-law 332/75THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 33:2 ?S
Being a By-law of the Corporation
of the Town of Pickering to
authorize the execution of an
Agreement between the Corporation
and Canadian National Railway
Company with respect to re-align-
ment and enclosure of Drainage
Ditch (Amberlea Subdivision)
The Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk be authorized to execute
an agreement between the Corporation of the Town
of Pickering and Canadian National Railway Company
with respect to the re-alighnment of and enclosure
of Draining Ditch adjacent to the Canadian
National Right-of-way in conjunction with
Amberlea Subdivision.
TO`a'fi U1=
By-law read a first, second and third time and PASSED this t
v
a day of w(CwrUbti , 1975. Hi'i'r(;.v'cu
i
Mayor
..a K
Clerk
1:, hc:cdby given by CAK41IA;; :?'k I;,.?
called the "Railway") LC
r' PICnEFIISG (hereinafter called the "Licensee") to instal, use
and maintain one (1) 96-inch concrete pipe for the purpose of
conveying storm waters across lands of the Railway in the Railway's
existing culvert and ditch at Mileage 2.63 of the Railway's York
Subdivision, approximately 780 feet westerly of Fairport Road and
northerly of Sheppard Avenue, in the Town of Pickering Regional
Municipality of Durham and Province of Ontario;,ALSO HRMISSION to
instal, maintain and use a gabion lined channel, with endwalls,
between the aforesaid pipe and the Railway culverts, as shown
outlined in red on Drawing No. 447-07 dated February 1975, prepared
by R.V. Anderson Associates Limited, Consultin; Engineers and
Planners, Toronto and Welland, Ontario which drawing is attached
hereto and forms a part hereof; SUCH PARMISSION IS GIVEN PURSUANT
TO THE FOLLOWING TERMS AND CONDITIONS:
THE LICENSEE AGREES:
1. At its own risk and expense, to instal, maintain and use
the said pipeline in the location shown 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 Canadian,.
Transport Commission or other authority of competent jurisdiction,
now or hereafter in force applicable thereto;
2. Before commencing any major repairs or renewals of the
said pipeline, to give to the local Superintending Officer of the
Railway at least seventy-two (72) hours' prior notice in writing
to enable the Railway to send an Inspector to supervise the said
work and to pay the wages of the said Inspector, including his
expenses while so engaged, on demand from the Railway;
3. Should the Railway deem it necessary or desirable at any
time or from time to time that the said pipeline or any portion
thereof be moved or relocated the Railway shall give the Licensee
notice in writing to make such alterations forthwith at the Licensee's
risk and expense. Should the Licensee fail to make such alterations
within a reasonable period after the date of the said notice, the
Railway may perform the work at the Licensee's expense;
4. To instal protective devices, at its man risk and expense,
as may be designated by the Railway or any other authority in the
event that the Railway at any time during the currency of this
Agreement desires to construct tracks or other railway works in
the vicinity of the said pipeline;
5. To use and enjoy the License herein in a reasonable and
careful manner and 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 pri-
vileges herein granted and whether such loss, expense, liability
or claims result from the negligence of the Railway, or otherwise;
6. To pay to the Railway for the privileges herein granted,
the sum of SIXTY DOLLARS ($60.00) per annum, payable in advance on
the First day of October in each year during the continuance hereof,
the first of such payments to become due and payable on the First
day of October, One Thousand Nine Hundred and Seventy-five;
7. The said pi peline while on the Railway's ppremises, shall
at all times be entirely at the risk of the Licensee in respect of
loss, damage or injury from whatsoever cause arising, whether due to
the negligence of the Railway, its agents or employees, or other-
wise;
8. At its own expense, to provide for any extension to the
Railway's culverts should additional tracks be required or it is
necessary to realign the pipeline and/or relocate the gabion lined
channel and endwalls;
9. To indemnify and save harmless the Railway against all
taxes rates and assessments at any time levied or assessed against
the pipeline, against the land of the Railway or against the Railway
by reason of the presence of the pipeline;
10. Not to assign this License nor any right or privilege
hereunder without the consent in writing of the Railway.
AND MUTUALLY AGREE:
11. That all expenses incurred in maintaining that portion
of the ditch to be modified herein in accordance with the attached
drawing, shall be borne entirely by the Licensee;
12. This License shall be in effect from the First day of
October, One Thousand Nine Hundred and Seventy-five until terminated
by either arty hereto on giving to the other party not less than'
Thirty (30 days' written notice. Such notice may be given by the
Railway by mailing same to the Licensee at 1710 Kingston Road,
Pickering , Ontario and by the Licensee by mailing same addressed•
to the Railway's Manager of Real Estate, Room 1227, 20 York Street,
Toronto, Ontario, 145J 1E7;
13. . Upon the termination of this License in any manner, to
forthwith, at its own risk and expense, restore the Railway's
premises to a condition satisfactory to the Railway. Should the
Licensee default in so doing, the Railway may perform the said
work of removal at the risk and expense of the Licensee.
DATED at TORONTO Ontario, as of the FIRST day of OCTOBER, 014B
THOUSAND NINT, HUIMM) AND SEVENTY-FIVE.
Witness: CANADIAN NATIONAL RAILWAY COMPANY
f`f 4(>Vl lC/ reea,G t// . f p
Manager o Rea Estate
V THE CORPORATION OF THE TOWN OF
FICKERING