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Home > By-Laws > 3315-2017 Agreement to Improve & Maintain Part of an Open Road (Melbourne)

3315-2017 Agreement to Improve & Maintain Part of an Open Road (Melbourne)

3315-2017 Agreement to Improve & Maintain Part of an Open Road (Melbourne)

BEING A BY-LAW TO IMPROVE AND MAINTAIN A CERTAIN PART OF AN OPEN PUBLIC ROAD WITHIN THE TOWNSHIP OF AUGUSTA

Passed by Council August 31, 2017


THE CORPOORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3315-2017
BEING A BY-LAW TO IMPROVE AND MAINTAIN A CERTAIN PART OF AN OPEN
PUBLIC ROAD WITHIN THE TOWNSHIP OF AUGUSTA

WHEREAS the Municipal Act, R.S.O. 2001 permits the Council to pass by-laws for
acquiring, establishing or assuming a highway; and

WHEREAS Council deems it expedient to resume maintaining part of the road allowance
between Concession 3 and 4 from Part of Lot 24 to the east side of Part of Lot 23, in the
Township of Augusta, County of Grenville,

WHEREAS Mr. Claude Melbourne, wishes to develop the road to create legal access to
Part of Lot 23, Roll ft 07 06 000 070 07700, to permit the building of a personal
residence.

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA enacts as
follows:

1. The portion of the road allowance on Concessions 3 and 4, from Part Lot 24 to the
east side of Part Lot 23, Township of Augusta, County of Grenville, designated as 0092
and 0093 on the attached Reference Plan, namely Roll ft’s 070600007007700 and
070600007001501 is hereby assumed as a public highway and will be operated and
maintained by the Township:

a. That the road allowance for Concession 4 be widened as required to 1 0 metres
from the centerline of the road, and that a Transfer/Deed of Land conveying the
said land to Augusta Township be prepared and executed in consideration of the
payment of $1.00, from the owners of Part lot 23, Roll ft 070600007007700 and
Roll ft 070600007001501.
b. All costs associated with this process related to newspaper publications, legal,
engineering (or Council designate), surveying and planning costs incurred by the
Township, shall be borne by the Township.
c. All costs associated with bringing the road up to municipal standards including
tree removal, ditching, excavation and road building, shall be the responsibility of
Mr. Melbourne.
d. There will be no refund of costs should the Township choose to extend the
opened portion of the road at their costs.
e. Prior to the Township accepting and assuming the road as a public highway, it
must be accepted and approved by the Township engineer (or Council designate).
No building permit shall be issued until that time.
f. The surveyed road shall include a township right of way for a turning circle.

2. The Mayor and Clerk are authorized and directed to execute all necessary documents
in the name of the Township and to affix the seal of the Township thereto.

Read a first, second, and third time and finally passed this 31st day of August, 2017

Signed by Mayor Doug Malanka and Clerk Annette Simonian

map showing the property and roadway

Contract Agreement
Between
The “Corporation of the Township of Augusta”
(hereinafter referred to as the “Township”
And
Claude Melbourne

Whereas, Claude Melbourne would like to build a house on property that is served by
what is currently an unmaintained portion of the road allowance between Concession 3
and 4 which is municipally known as Ashby Road, PIN 68180-0072 (L T) and

Whereas the Township’s Official Plan does not allow the Township to issue a building
permit for any property that is not served by a public road and

Whereas, Mr. Melbourne is willing and able to develop the unmaintained road allowance
at his cost to create a legal access to the property he wishes to acquire to permit the
building of a personal residence.

The parties agree to the following arrangements:

The portion of the road allowance on Concessions 3 and 4, from Part Lot
24 to the east side of Part Lot 23, Township of Augusta, County of
Grenville, designated as 0092 and 0093 on the attached reference plan
will be operated and maintained by the Township.

That the road allowance for between Concessions 3 and 4 be widened as
required to 10 metres from the centerline of the road, and that a
Transfer/Deed of Land conveying the said land to Augusta Township be
prepared and executed in consideration of the payment of $1.00, from the
owners of Part lot 23, Roll # 07 06 000 070 07700 and Roll # 07 06 000
070 01501.

All costs associated with this process related to newspaper publications,
legal, engineering (or Council designate), surveying and planning costs
incurred by the Township, shall be borne by the Township.

All costs associated with bringing the road up to municipal standards
including tree removal, ditching, excavation and road building, shall be the
responsibility of Mr. Melbourne.

There will be no refund of costs should the Township choose to extend the
opened portion of the road at their costs.

Prior to the Township accepting and assuming the road as a public
highway, it must be accepted and approved by the Township engineer (or
Council designate). No building permit shall be issued until that time.