HomeMy WebLinkAboutEGD-10-06
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday February 20,2006 Resolution #: (:..,(Jf:J-nbD-b~
Report #: EGD-10-06 File #: By-law #: an () ~ - 0 Gg
Subject: REQUEST FOR A STORMWA TER OUTFALL CONSTRUCTION AND
MAINTENANCE EASEMENT WITHIN DARLINGTON CREEK
V ALLEYLAND - APPLICANT: W.E. ROTH CONSTRUCTION LIMITED -
SPA 2005-023 - SOUTH SERVICE ROAD SELF STORAGE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report EG 0-10-06 be received;
2. THAT the Municipality of Clarington grant the transfer of an easement for the
construction and maintenance of stormwater outfall, shown as Part X of
Registered Reference Plan 40 R-XXXXX , to W.E. Roth Construction Limited;
3. THAT the attached by-law granting the easement for the construction and
maintenance of a stormwater outfall be passed, at such time as the reference
plan has been registered, authorizing the Mayor and Clerk to execute the
easement;
4. THAT the Municipality's solicitor be directed to complete the transaction;
5. THAT all costs associated with the transfer of the easement be borne by the
applicant; and
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-1 0-06
Page 2
Respectfully by,
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Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/jo
February 13, 2006
Report #EGD-1 0-06
Page 3
1.0 BACKGROUND
1.1 W.E. Roth Construction Limited has received site plan approval to construct a
series of self storage industrial buildings at the south side of South Service Road
east of Symons Road in Bowmanville. This development is similar to the
development constructed by W.E. Roth on the southeast corner of South Service
Road and Symons Road in 2003. Attachment 1 shows the location of the
property.
1.2 As part of the first site plan approval, the applicant has transferred the necessary
road widening to the Municipality. In order to facilitate the development, the
applicant must construct a stormwater outfall within the Darlington Creek
valleylands. An easement must be granted by Council to allow the applicant to
construct and maintain the stormwater outfall within the valleyland. A similar
easement was granted to W.E. Roth as part of the 2003 development.
2.0 STAFF COMMENTS
2.1 The development proposal has been subject to extensive review by all relevant
agencies through the site plan approval process. Staff have ensured that the
stormwater outfall has been designed to minimize erosion damage to the
Darlington Creek, both through the construction phase and over its long term
operation.
2.2 The easement (10 m x 40 m) will be described as a Part of a Reference Plan
once the plan has been prepared and would permit the applicant to construct and
maintain the stormwater outfall works for the proposed industrial development.
The terms of the easement do not allow the applicant to remove or place
additional fill other than what is required for the outfall itself. The easement also
indemnifies the Municipality against claims, demands or causes by the applicant
arising from actions undertaken in exercising the easement rights.
Report #EGD-1 0-06
Page 4
3.0 RECOMMENDATIONS
3.1 In consideration of the comments noted above, approval of the stormwater outfall
construction and maintenance easement as shown on the attached by-law
(Attachment 2) is recommended. Again, this by-law is similar to the one passed
by Council as part of the earlier development. All costs associated with the
transfer of the easement will be borne by the applicant.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Authorizing the Transfer of a Stormwater Outfall Construction
and Maintenance Easement
List of I nterested Parties:
David Rife
W.E. Roth Construction Limited
Bob Annaert
D.G. Biddle & Associates Limited
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EASEMENT
(10m x 40m)
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DRAWN BY: E.L.
DATE: Feb. 13,2006
BOWMANVILLE
REPORT EGD-10-06
ATTACHMENT NO.1
ATTACHMENT NO.: 2
REPORT NO.: EGD-10-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-XX
Being a By-law to authorize the transfer of an easement shown
as Part X of Registered Reference Plan 40R-XXXXX for the
purpose of constructing and maintaining a stormwater outfall.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-10-06, including the
recommendation that an easement shown as Part X of Registered Reference
Plan 40R-XXXXX for the purpose of constructing and maintaining a stormwater
outfall be transferred to W.E. Roth Construction Limited.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The transfer of an easement by The Corporation of the Municipality of
Clarington to W.E. Roth Construction Limited, its successors and assigns
in Part X shown on a plan of survey of record deposited in the Land
Registry Office for the Land Registry Division of Durham (No. 40) as Plan
40R-XXXXX for the purpose of constructing and maintaining a stormwater
outfall together with any and all appurtences thereto as may from time to
time be required to be transferred, to be made for a nominal consideration
and to contain terms satisfactory to the Director of Engineering Services of
The Corporation of the Municipality of Clarington, is hereby authorized to
be made.
2. The Mayor and Clerk are authorized to execute the transfer of the
easement referred to in Section 1 on behalf of The Corporation of the
Municipality of Clarington.
BY-LAW read a first and second time this 2yth day of February, 2006.
BY-LAW read a third time and finally passed this 2yth day of February, 2006.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk