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Home My WebLink AboutPSD-118-06 Cl~-!lJglon REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION MEETING PSD-118-06 File No's: PLN 15.12 6~H -3L1J -00. By-law #: d-.(JD b --- d I ~ Monday, December 11,2006 Subject: LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS AT MILE 288.9 FOR THE WATERFRONT TRAIL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-118-06 be received; 2. THAT the license agreements for recreational purposes be entered into with the Canadian National Railway Company lands at Mile 288.9 under the access bridge to Wilmot Creek Retirement Community, Part of Lot 3, Broken Front Concession, former Township of Darlington; 3. THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted license be adopted; 4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize this license agreement; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: U~~-~~~ Franklin Wu, Chief Administrative Officer Da d J. rome, M.C.I.P., R.P.P. Di~~ A.S.Cannella,C.E.T. -- Director of Engineering Services FL *DJC*sh*df 22 November 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-118-06 PAGE 2 1.0 BACKGROUND 1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990’s. Since that time, the studies carried out by the Municipality, planning decisions and land acquisitions have advanced the goal of a continuous off-road trail along the Waterfront in the urbanized areas of Clarington. 1.2 The Municipality has been working with Ridge Pine Park Inc. (Rice Developments) to complete the “missing link” in the trail between Bennett Road and Cobbledick Road. In the Phase 1 to 5 Amending Agreement for the development, terms were put in place requiring the developer to design and construct 1.6 km of Waterfront Trail from Bennett Road to the Cobbledick Road. 1.3 The Municipality as part of the approval for Phase 6, 7 and 8 of Wilmot Creek have acquired a corridor for the Waterfront Trail adjacent but separate from Wilmot Creek. Through Lot 3 the corridor is adjacent to the CN Rail lands and north of the tennis court/lawnbowling centre (Attachment 1). To provide access below Wilmot Creek Drive overpass it is necessary to route the trail onto CN land adjacent but separate from the tracks under the overpass. 1.4 Rice Developments have been in discussion with CN and have obtained approval for the routing of the trail onto CN lands, providing that the Municipality enter into a license agreement. 1.5 In May, 2006 Council approved the by-laws for the license agreements with Hydro One Networks for the waterfront trail immediately east of the Wilmot Creek Drive overpass. 2.0 COMMENTS 2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been shown on the revised site plans and is the subject of negotiation with the owners of Wilmot Creek Community, Canadian National Railway Company and the Municipality. All parties are in concurrence as to the location of the trail, its alignment and construction details. 2.2 The Municipality will be obtaining the license for the area under the overpass. The licence area is 0.0154 ha. 2.3 The licence agreement is granted on the provision that the Licensee (the Municipality) pay the sum of One Dollar ($1.00) plus G.S.T. and in addition $500 plus GST, annually for a period of 10 years with an option for an additional 10 year renewal of the license. 2.4 The other terms of the Licence that Council should be aware of are that the Municipality would be responsible for any costs that could be incurred by the Railway should a flag person or other expenditures be required while construction or maintenance by the Municipality or Railway is necessary. Currently, the Waterfront Trail is being located REPORT NO.: PSD-118-06 PAGE 3 outside of the limits that a flagperson would be required, but over the life of the license this requirement could change. 2.5 The Municipality must carry Five Million Dollars ($5,000,000.00) in order to indemnify the Licensor and Hydro One Networks Inc. The Director of Finance has confirmed that we are in compliance with this condition. 2.6 The license agreement has been reviewed by the Municipal Solicitor. 3.0 CONCLUSION 3.1 The Municipality has been working towards having the Waterfront Trail off-road, especially in the more urbanized areas. 3.2 The developer is paying for the construction of the trail as part of the overall development of Wilmot Creek Lifestyle Community in accordance with the arrangements with the Municipality. The Waterfront Trail is to be constructed in the spring of 2007. 3.3 Staff are recommending that the license agreement for recreational purposes be entered into to provide the missing link of the Waterfront Trail adjacent to the Wilmot Creek Retirement Community. Attachments: Attachment 1 - Map of CN lands and trail location Attachment 2 - By-law List of interested parties to be advised of Council’s decision: Rice Developments Inc. ~ o ...----........ SERVICE ROAD OJ m z z m =1 ;:0 ....- ---------- WilMOT CREEK .~, s -l o ::0 CD "0 o ;:+)> ""U~ C/)I>> og. ~3 ......CD CXl:J I.... 0...... 0> LAKE ONTARIO _ location of lands to be leased under overpass to allow for Access for Waterfront Trail Proposed Waterfront Trail - - - - - - Future Waterfront Trail c o :;:; ~ o ...J "m l- I- ..... c ~ Q) ..... CO S "'C Q) en o a. o I- a.. o o o o o ..... - en "m en I- col- a...... I- c Q) 0 ~t: I- Q) Q)..... "'CCO cS ::J I- "'Cs Q) en en CO en Q) Q) ...JU Q)~ ..01- .9S CO ~ ~ 0 <(CO D Attachment 2 To Report PSD-118-06 THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Canadian National Railway Company, the owner Part of Lot 3, Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved the alignment of the Waterfront Regeneration Trail through these lands, shown in Schedule A and described as the right-of-way for Canadian National adjacent to the tracks of the Railway at Mile 288.9 of the Kingston Subdivision; AND WHEREAS, the owner of the lands have authorized a signing officer to execute a license for a period often (10) years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Licence Agreement for Recreational Purposes between Canadian National Railway Company on Part of Lot 3 in Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham. BY-LAW read a first time this 11th day of December 2006 BY-LAW read a second time this 11th day of December 2006 BY-LAW read a third time and finally passed this 11th day of December 2006 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk RP-\\.'JII p. 'l v-~os cp.~P.O\p.~ ~P.1\O~P.\. 00000000000000 HYDRO ONE LANDS MUNICIPALITY OF CLARINGTON LANDS w~^ s 000 Proposed Waterfront Trail Location I I Area to be Leased under overpass to allow for Access for Waterfront Trail Schedule "A"