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HomeMy WebLinkAboutAgreement - Road Approach AGREEMENT FOR THE INSTALLATION AND USE OF ROAD APPROACHES County of Newell | Road Approaches Agreement | Land Use Bylaw 2016-21 Page 1 of 2 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Office Hours: Mon-Fri 8:00 a.m. – 4:30 p.m. Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca Phone: 403-362-3266 Revised 2023-01-XX FOR OFFICE USE Subdivision: Development Permit: Rural Address: This Agreement between: Applicant Name: Mailing Address: Postal Code: Phone: Email: (the “Applicant) AND COUNTY OF NEWELL Box 130, Brooks, AB T1R 1B2 (the “County”) Whereas the Applicant has made application to install a road approach at the following location: Legal: Quarter: NE  NW  SE  SW  Section: Township: Range: W4 (e.g. SW-20-18-14-W4) Lot: Block: Plan: Physical address: Please complete either Part A or Part B, depending on your requirements. PART A – NEW APPROACH Check one:  Hamlet  Subdivision Road  Developed Roadway  Undeveloped Roadway Check one:  Permanent  Temporary The County hereby grants consent to the Applicant to install this approach under the following conditions: 1. The Fee of Three Hundred dollars ($300.00) to be paid in full. 2. The Applicant shall supply the necessary culvert of proper size for drainage. The culvert shall be new and minimum of 500 mm in diameter, extend 300 mm on each side of the approach toe of slope, and shall have a tapered end matching the side slope of the approach. 3. If the installation of the approach is not completed prior to the agreed upon date the applicant must re-submit the request and include fees. 4. The Applicant agrees that the approach will be constructed prior to (yy/mm/dd) ______/______/______ 5. If the approach is temporary, the Applicant agrees to remove the approach prior to (yy/mm/dd) _______/______/______ 6. If there is no date provided in points 4 or 5, then the applicant has 12 months from date approved to complete the construction of the approach. PART B – EXISTING APPROACH Check one:  Hamlet  Subdivision Road  Developed Roadway  Undeveloped Roadway  Removal OFFICE USE ONLY: Upgrade required:  Yes  No The County hereby grants consent to the Applicant to use the existing approach under the following conditions: 1. The Fee of Fifty dollars ($50.00) to be paid in full. 2. If during the pre-inspection of the existing approach, upgrades are deemed necessary, then an additional fee of Two Hundred and Fifty dollars ($250.00) shall be applied, and must be paid in full prior to commencement of work. 3. The Applicant agrees that the approach upgrades will be completed prior to (yy/mm/dd) _____/_____/_____ 4. If there is no date provided in point 3, then the applicant has 12 months from the date approved to complete the use of the existing approach. AGREEMENT FOR THE INSTALLATION AND USE OF ROAD APPROACHES County of Newell | Road Approaches Agreement | Land Use Bylaw 2016-21 Page 2 of 2 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Office Hours: Mon-Fri 8:00 a.m. – 4:30 p.m. Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca Phone: 403-362-3266 Revised 2023-01-XX 5.The following upgrades are required by the County of Newell: a. The applicant must install a new culvert with a minimum diameter of 500 mm that shall extend 300 mm on each side. b. The driving surface of the approach must be widened to a minimum width of 8 m. c. Side slopes of the approach shall be constructed or improved to 4 to 1. d. Existing cover on the culvert must be increased to meet the manufactures specifications, not less than 300 mm. e. The existing culvert must be lowered / relocated to the invert of the ditch to facilitate adequate drainage. f. Other conditions ____________________________________________________________________________ PART C – COMMON CONDITIONS APPLYING TO PART A & B 1.The County must be contacted at 403-633-1585 during normal business hours (8 am to 5 pm) Monday to Friday or at approvals@newellmail.ca no less than 48 hours prior to any activities in relation to the approaches 2.Driving surface of approach to be a minimum width of 8 m. 3.If the approach is wider than 10 meters, Public Works must approve before construction. 4.Side slopes of approach shall be 4 to 1. 5.No excavation shall be made in borrow ditch except to lower culverts. 6.No fill shall be used from borrow pit; all fill shall be hauled in, and be confirmed as clean and screened. 7.Culverts must be installed to meet manufacturers required specifications. 8.Approaches off gravel surface roads shall be gravelled with 20 mm crushed aggregate. Approaches off paved surface roads shall be paved to the edge of the County of Newell Right of Way. 9.All disturbed areas, except the driving surface of the approach, must be seeded with a grass seed mixture. Using current County of Newell Agriculture Services approved seed mixture. 10.There will be a zero tolerance in the mixture for weed seeds that are classed as restricted or noxious under the Weed Control Act or that have been elevated to a restricted or noxious weed status through a County of Newell Bylaw. This will be verified by the Applicant providing the Agricultural Service Board Field man with a Certificate of Analysis. A list of restricted and noxious can be found at www.invasiveplants.ab.ca. 11.All costs to be borne by the Applicant. 12.The County of Newell may inspect said approach for compliance. 13.If approach is of temporary basis, the Applicant shall bear all costs of removal and clean-up. 14.The Applicant hereby agrees that it shall indemnify and save harmless the County, its elected officials, officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding or demand made or brought against the County, its elected officials, officers, employees, servants, agents and contractors by any third party with respect to any occurrence, incident, accident or happening directly related in any manner whatsoever to this Agreement and the rights and obligations arising therefrom, and which indemnity shall, without restricting the generality of the foregoing, include all legal costs incurred by the County in defending such a claim, action, suit, proceeding or demand, provided such action, claim, suit, proceeding or demand are not the result of any wilful act, omission or negligence of the County, its elected officials, officers, employees, servants, agents and contractors 15.The Applicant hereby agrees that it shall not make or bring any claim, action, suit, proceeding or demand against the County, its elected officials, officers, employees, servants, agents and contractors with respect to any occurrence, incident, accident or happening relating in any manner whatsoever to this agreement and the rights and obligations arising therefrom, which, without limiting the generality of the foregoing shall include any claim, action, suit, proceeding or demand arising in tort or contract, providing such claim, action, suit, proceeding or demand is not the result of any willful act or negligence of the County, its elected officials, officers, employees, servants, agents or contractors. Notwithstanding the foregoing, in no event shall the County ever be liable to the Applicant for any consequential, indirect or special damages. Special damages shall include, but not be limited to, the value associated with any loss of product or goods 16.The County shall be entitled to register a caveat against the said lands to protect its interest under this Agreement at the applicant’s expense. 4.DECLARATION OF APPLICANT / OWNER The above terms accepted by the Applicant (please complete the following information): Print Name: _______________________________________________ Date: _____________________ Signature: ________________________________________________ Approved by: County of Newell Approvals Officer or Designate: ____________________________________________ FOIP Statement: The personal information required by this County of Newell application form is collected under the authority of section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of that Act and section 63 of the Alberta Safety Codes Act. It will be used to process the road approach agreement, prepare referral notifications if needed, and to contact the applicant when required. The name of the applicant and nature of the agreement may be included on reports provided to the municipality or made available to the public as required or allowed by legislation. Please direct any questions about this collection to the County of Newell at 403-362-3266 or 183037 Range Road 145, PO Box 130, Brooks, AB T1R 1B2.