HomeMy WebLinkAboutEGD-34-06
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 19,2006 Resolution #: C'"'Pf/<3o {~D b
Report #: EGD-34-06 File #: By-law #: 0<0 0 t-,.~ j~ t
Subject: REQUEST FOR A STORMWATER OUTFALL CONSTRUCTION AND
MAINTENANCE EASEMENT WITHIN BOWMANVILLE CREEK
VALLEYLAND - APPLICANT: BOWMANVILLE CREEK
DEVELOPMENTS LIMITED - SPA 2003-036 TORGAN COMMERCIAL
DEVELOPMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-34-06 be received;
2. THAT the Municipality of Clarington grant the transfer of an easement for the
construction and maintenance of stormwater outfall, shown as Parts 27 and 28 of
Registered Reference Plan 40R-24250, to Bowmanville Creek Developments
Ltd.;
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 1 C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-34-06
PAGE 2
Respectfully by,
d~ClA.
Reviewed by: Franklin Wu
Chief Administrative Officer
ubmitted by: A. S. Cannella
Director" of Engineering Services
ASC/LJB/dv
June 9, 2006
REPORT NO.: EGD-34-06
PAGE 3
1.0 BACKGROUND
1.1 Bowmanville Creek Developments Inc. has applied for site plan approval to
develop a commercial property on Baseline Road in Bowmanville. Attachment 1
shows the location of the property.
1.2 In order to facilitate the development, the applicant must construct a stormwater
outfall within the Bowmanville Creek valley lands which are owned by the
Municipality. An easement must be granted by Council to allow the applicant to
construct and maintain the stormwater outfall within the valley land.
2.0 CONCLUSION
2.1 The development proposal has been subject to extensive review by all relevant
agencies including Central Lake Ontario Conservation Authority through the site
plan approval process. Staff has ensured that the stormwater outfall has been
designed to minimize erosion damage to the Bowmanville Creek, both through
the construction phase and over its long term operation.
2.2 The easement is described as a Part 27 and Part 28 on Reference Plan 40R-
24250 and would permit the applicant to construct and maintain the stormwater
outfall works for the proposed commercial 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 or liabilities that may arise from the granting of these
easement rights.
3.0 RECOMMENDATIONS
3.1 In consideration of the comments noted above, it is recommended that the
requested easement for construction and maintenance of the stormwater outfall
be granted and the attached bylaw (Attachment 2) be forwarded to Council for
enactment. All costs associated with the transfer of the easement will be borne
by the applicant.
REPORT NO.: EGD-34-G6
PAGE 4
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Authorizing the Transfer of a Stormwater Outfall Construction
and Maintenance Easement
List of Interested Parties:
Bowmanville Creek Developments Ltd.
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DRAWN BY: E.L.
DATE: June 7, 2006
REPORT EGD-34-06
ATTACHMENT NO.1
KEY MAP
G:\Attachments\Rona Site.mxd
ATTACHMENT NO.: 2
REPORT NO.: EGD-34-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-XXX
Being a By-law to authorize the transfer of an easement shown
as Part 27 and Part 28 of Registered Reference Plan 40R-
24250 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-34-06, including the
recommendation that an easement shown as Part 27 and Part 28 of Registered
Reference Plan 40R-24250 for the purpose of constructing and maintaining a
stormwater outfall be transferred to Bowmanville Creek Developments Ltd.
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 Bowmanville Creek Developments Ltd., its successors and
assigns on Part 27 and Part 28 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-24250 for the purpose of constructing and
maintaining a stormwater outfall together with any and all appurtenances
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 26th day of June, 2006.
BY-LAW read a third time and finally passed this 26th day of June, 2006.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk