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Home My WebLink AboutWD-29-99 ~ .~ THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON Meeting: REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 1..0 7 P if Date: JUNE 21, 1999 Res. tK:Ifr-3~51f1 By-Law # crt-CfA. Report No.: WD-29-99 Subject: QUIT CLAIM FOR MR. MICHAEL PATRICK SOUTHERLY 1.5 METRES OF PART 6 ON PLAN 10R-1792 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-29-99 be received; 2. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington, a quit claim for a portion of an existing drainage easement, identified as the S(;lUtherly 1.5 metres of Part 6 on Plan 10R-1792; 3. THAT the applicant be responsible for all costs, such as survey and legal costs, associated with this quit claim; and 4. THAT Mr. Michael Patrick be advised of Council's decision. REPORT 1.0 ATTACHMENTS No.1: Correspondence received from Mr. David Salmers, solicitor for Mr. Michael Patrick No.2: Key Map No.3: Proposed by-law to authorize execution of quit claim 1 I 6 1 ,. REPORT NO.: WD-29-99 PAGE 2 2.0 BACKGROUND 2.1 On June 10, 1999, correspondence was received from David Salmers, the solicitor for Mr. Michael Patrick. Mr. Patrick is requesting that the Municipality quit claim a portion of an existing drainage easement located on his property located at 3240 Old Scugog Road. The quit claim will facilitate the construction of a garage (refer to Attachment No.1). 3.0 REVIEW AND COMMENT 4.1 Mr. Patrick had previously contacted staff of the Public Works Department and expressed concern with the presence of a 4.5 metre wide drainage easement located on his property. ~ Mr. Patrick feels that the easement is too large for the amount of storm water drainage it conveys and that it also encumbers him from constructing a garage near the northerly edge of his property. 4.2 Public Works staff have reviewed the existing drainage works on Mr. Patrick's property and on Old Scugog Road and have determined that a 3.0 metre wide drainage easement will be sufficient to accommodate storm water runoff. The southerly 1.5 metres of the existing easement is not required for the drainage channel or for maintenance access. 4.0 RECOMMENDATION 4.1 It is recommended that the Mayor and Clerk be authorized to execute on behalf of the Corporation, a quit claim for a portion of an existing easement, identified as the southerly 1.5 metres of Part 6 on Plan lOR -1792. Respectfully submitted, Reviewed by, ~~ Stephen 'A. Vokes, P. Eng., Director of Public Works Or~~~ Franklin Wu, Chief Administrative Officer BM*SA V*ce 15/06/99 1 62 JUN-10-99 THU 10:41 A~ SALMERS STRIKE & FURLONG 905 723 1157 P.02 Salmers~ Strike and Furlong B<1rristers & Solicitors Allan W. FllTl(lng A Al~n H Strike. Q.c. R(ll\~ld R. M Strike Dnid W E Salmers C~lheune L. Salmers Dan M. S(rik~ ~PL Y TO O$HAWA Practising in s",ociation. not a partnership rOUNDERS: Zenovi T Salmefs. QC. - O,h~"'a W. Ross Strike (lR95 -1987)- B()"l\1Allville June 1 0, 1999 BY FAX ONLY 623-4169 Clerk. Municipality of Clarington, 40 Temperance Street, BO\VMANVILLE, Ontario, LlC 3A6. Mr. Stephen Vokes, Director, Public Works, Art: Tony Cannella, 40 Temperance Street, Bowmanville, ant. LlC 3A6. Dear Sirs: Re: Michael and Debbie Patrick, 3240 Old Scugog Road, Bowmanville Lot 6. Plan I OM-755~ This letter is further to my discussions with Tony Cannella and Dennis Hefferon. We are solicitors for Mike and Debbie Patrick, the owners of the above-noted property. The above-noted property is subject to an easement for drainage in favour of the municipality. This easement runs over the nOltherly 4.5 meters of my clients' propelty. The easement is described as Part 6, Plan 10R-1792. The easement is 4.854 meters wide at the western end, and 4.551 meters wide at the eastern end, namely Old Scugog Road. The aver::\ge width is approximately 4.5 meters. Mr. and Mrs. Patrick wish to construct an addition to their home. The proposed addition would encroach upon Part 6, Plan IOR-1792. The easement is wider than the easements which are currently being taken by the municipality for drainage. Mr. Cannella and Mr. Hefferon have advised that for drainage easements such as this, the municipality currently takes only a three meter wide easement. We are fonnally requesting that the municipality quit claim, for nominal consideration, to Mr. and Mrs. Pattick the most southerly 1.5 meters approximately of the easement. In my discussions with Mr. Cannella, I understand that the staff is not opposed to this quit claim, as it ,vQuld still leave the municipality with sufficient area for the easement. We have already contacted H. F. Grander, surveyor, to complete a reference plan with respect to this 1.5 meter wide quit claim. It should be ready in draft form by Monday, June [4th, 1999. As soon as it is received, I will send a copy to you. Ifmore than one copy is required, please contact me immediately. 55 William Street East, McLaughlin Square roo Box 2096, Oshawa. Ontario. LlH 7V4 (905) 723.1101 FAX (905) 723.1157 38 King Street West. p.o. Box 7. Bowmanville, Ontario Lle 3K8 (905) 623-5791 FAX (905) h23-8336 oj ATTACHMENT NO.: 1 REPORT NO.: WD-29-99 JUN-10-99 THU 10:42 AM. SALMERS STRIKE & FURLONG 905 723 1157 P.03 2 I request that this matter be added to the agenda for the June 21 st. 1999 meeting of the General Purpose and Administration Committee for approval and recommendation by that committee. The constnlCtion season is advancing quickly. The Patricks would require their building pelmit by tbe end of June in order to ensure that constnlction is completed prior to the cold weather. I would therefore also request that jf the matter is approved by the General Purpose and Administration Committee tbat this matter be placed before council for their approval on June 28th. 1999. Please confiml that this matter is placed on the agenda for the General Purpose and Administration meeting on June 21 st. Please contact me if any further documentation is required. Yours very tlUty, ... DA\ DS:rp 64 4.Sm WIDE DRAINAGE EASEMENT 3: Ql "C CD Gl a < CD ;0 o Ql a. Jt{ 1l'~1: s o '0 (fl 2. <g Q ~ "6 DRAWN BY: J.R.M DATE: JUNE 1999 REPORT WD-29-99 ATTACHMENT NO.2 6) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 99- Being a by-law to authorize the execution of a quit claim transfer from the Corporation of the Municipality of Clarington to Mr. Michael Patrick of the portion of an existing stonn drainage easement in Lot 15, Concession 3, fonner Township of Darlington THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and the Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a quit claim transfer of the portion of an existing stonn drainage easement in Lot 15, Concession 3, fonner Township of Darlington, shown as the southerly 1.5 metres of Part 6 on Plan lOR-1792. attached hereto as Schedule "A". BY-LAW read a first and second time this 28th day of June, 1999. BY-LAW read a third time and finally passed this 28th day of June, 1999. MAYOR CLERK .. I , t) 0 ATTACHMENT NO.: 3 REPORT NO.: WD-29-99