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POLICY NUMBER - 67
Page 1 of 2
Policy Subject / Title - Use of a Portion of Former CNR Right-of-Way
in Liverpool
____________________________________________________________
GENERAL STATEMENT OF POLICY:
67.01 Whereas the Region of Queens Municipality is the owner of the former CNR
Right-of-Way in Liverpool, which in most areas is sixty-six (66) feet in width;
And Whereas interest has been expressed from some property owners whose
properties abut the former CNR right-of-way, to landscape and/or improve the
portion of right-of-way which abuts their property;
And Whereas Council wishes to maintain ownership of the right-of-way, but
feels that the entire sixty-six foot (66') width is not required by the Region, for
such recreational purposes as walking trails, at this time.
And Whereas Sections 50(3) and (4) of the Municipal Government Act sets out
that:
50(3) The property vested in a municipality, absolutely or in trust, is under
the exclusive management and control of the Council, unless an
Act of the Legislature provides otherwise.
50(4) Possession, occupation, use or obstruction of property of a
municipality does not give an estate, right or title to the property.
Therefore it shall be the policy of the Region of Queens Municipality to deal with
requests to utilize portions of the former CNR right-of-way in Liverpool as follows.
REQUIRED PROCEDURAL STEPS:
67.02 Written application to utilize a portion of the former CNR right-of-way (ROW) shall
be submitted t the Clerk of the Region of Queens Municipality.
67.03 Applicant must own property immediately abutting the ROW and only that portion
of the ROW which immediately abuts the applicant's property may be utilized.
67.04 The work which shall be permitted to be carried out by the applicant shall be
limited to:
a)
Placement of fill to level subject area;
b)
Placement of topsoil and grass seed / sod, and maintenance thereof; and
c)
Placement of shrubs and maintenance thereof.
POLICY NUMBER - 67
Page 2 of 2
Policy Subject / Title - Use of a Portion of Former CNR Right-of-Way -
in Liverpool
____________________________________________________________
67.05 No permanent structures, such as buildings or fences, shall be permitted on the
subject portion of the ROW.
67.06 Applicant shall be responsible for maintaining area, i.e. cutting grass and keeping
the area free of refuse, debris, and other materials.
67.07 Subject lands shall not be used for any type of storage.
67.08 The applicant shall provide the Region of Queens Municipality with proof of
liability insurance in the amount of $2,000,000.00 per occurrence, with the Region
as a named insured.
67.09 The applicant shall enter into an agreement with the Region of Queens
Municipality in the form attached hereto as (Schedule "A").
67.10 The applicant shall include a site plan showing the area to be utilized by the
applicant.
67.11 No work shall commence on the ROW prior to the signing of the agreement
referred to in Item 67.09 above, and the signing of that Agreement shall constitute
approval of the application.
Approval of Council:
January 13, 2003
SCHEDULE "A"
THIS AGREEMENT made this day of A.D., 200
BETWEEN
THE REGION OF QUEENS MUNICIPALITY, a body corporate pursuant to the
provisions of the Municipal Government Act, being Chapter 18 of the Revised
Statutes of Nova Scotia, 1998
(hereinafter call the "Grantor")
--AND-
_________________________________________ of _____________________,
Queens County, Nova Scotia
(hereinafter called the "Grantee")
WHEREAS the Grantor is the owner of the former Canadian National Railway Right-of-
Way (ROW) in Liverpool, and more particularly those lands indicated in the attached Site
Plan as "Subject Lands";
AND WHEREAS the Grantee is the owner of the property identified as PID#
________________, located in Liverpool, Queens County, Nova Scotia;
AND WHEREAS the Grantee wishes to utilize the Subject Lands, as shown in the
attached plan, for the purpose of ____________________________________________
______________________________________________________________________;
AND WHEREAS the Grantor is prepared to grant authorization to the Grantee for use of
the subject property on the terms and conditions hereinafter set forth;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
covenants hereinafter set forth and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree by and
between themselves as follows:
a)
The Grantee acknowledges that this agreement does not constitute a
lease.
b)
The Grantee hereby acknowledges that the area of land subject to this
agreement, as shown on the attached site plan and identified as the
Subject lands, is the property of the Region of Queens Municipality, and
that the use of this land by the Grantee shall under no circumstances
create a proprietary interest in the said lands in favour of the Grantee.
c)
No work shall commence on the Subject Lands prior to the signing of this
agreement.
d)
The Grantee shall be responsible for maintenance of the Subject Lands;
i.e. cutting grass and keeping the area free of refuse, debris, and other
materials.
e)
The Grantee agrees that the Subject Lands shall not be used for any
purpose other than those mentioned above.
f)
The Grantee shall have the Subject Lands included in their liability
insurance policy and provide the Region with a copy showing this
inclusion. This policy is to provide liability insurance coverage of at least
$2,000,000.00 per occurrence.
g)
The Grantee shall be obliged to disclose to any potential purchasers of the
Grantee's property the existence of this agreement. Disclosure in this
regard shall be in the form of written notice to any such potential
purchaser with a copy being simultaneously provided to the Grantor.
h)
The Region of Queens Municipality may at any time terminate this
agreement without cause, however all reasonable attempts will be made
to provide the Grantee with sixty (60) days written notice of termination.
i)
Upon termination of this agreement, the Grantee shall, upon the written
request of the Grantor, be responsible for the removal of any materials
which the Grantee had placed upon the subject lands and for the return of
the property to its original condition, unless agreed to by both the Grantor
and the grantee. Any costs associated with the removal of this material
and any required remedial work will be borne by the Grantee.
j)
The Grantee acknowledges that should the agreement be terminated, for
any reason whatsoever, there shall be no compensation payable to the
Grantee for work carried out on the Subject Lands.
k)
This agreement shall be binding upon the parties hereto, their heirs,
successors and assigns.
IN WITNESS WHEREOF the Region of Queens Municipality and the Grantee executed
this Agreement the day and year first above written.
SIGNED, SEALED AND DELIEVERED )
)
) Per: ________________________________
)
______________________________
)
Witness
)
) Per: ________________________________
)
)
) REGION OF QUEENS MUNICIPALITY
)
)
) Per: ________________________________
)
Mayor
)
_______________________________ )
Witness
)
) Per: _______________________________
)
Regional Clerk