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Home My WebLink AboutWD-35-99 " THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Report No.: WD-35-99 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # pi ~ Res. # 0iJf1-" LfY}- c;9 By-Law# f9-/tff, SEPTEMBER 20, 1999 Meeting: Date: Subject: RELEASE OF STORM SEWER EASEMENT PARTS 1 AND 2, PLAN 40R-17785 HIGH STREET SUBDIVISION, PLAN 40M-1886 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-35-99 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the release of an easement over Parts 1 and 2, Plan 40R-17785 which had been transferred to the Municipality by Instrument No. L T823438; 3. THAT the applicant be responsible for all costs associated with the release of the easement, including document preparation and registration costs; and 4. THAT Mr. Sam Cureatz be advised of Council's decision. REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Authorizing By-law to release easement 1 I U 1 REPORT NO.: WD-35-99 PAGE 2 2.0 BACKGROUND 2.1 The Corporation of the Municipality of Clarington (formerly the Town of Newcastle) entered into a Subdivision Agreement, November 21, 1991, with VELTRI AND SON LIMITED to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1886 (Attachment No.1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and street lights, hereinafter referred to as the 'Works'. 2.2 The preliminary lot grading design required rear yard catchbasin easements between Lots 18 and 19 to be transferred to the Municipality. The grading design was later modified to eliminate this rear yard catchbasin. However, the transfer of the easement to the Municipality had already been completed through the conditions of the subdivision agreement and is registered as Instrument No. L T823438. 3.0 REVIEW AND COMMENT 3.1 A recent property transaction revealed that the unnecessary easement is registered in the name of the Municipality. A request to release the easement was reviewed by Public Works staff and it has been confirmed that no easements are necessary. 3.2 Since the subdivision agreement makes no specific provision for the release of the easement, a by-law must be passed by Council, authorizing the release to the property owners concerned if Council decides to grant the request for the release. 4.0 RECOMMENDATION 4.1 It is recommended that a by-law be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute a release of the easement in Parts 1 and 2 on Plan 40R-17785. 1 j u 2 REPORT NO.: WD-35-99 PAGE 3 Respectfully submitted, Reviewed by, ~p~~ Director of Public Works o r~_~ Franklin Wu, Chief Administrative Officer NAC*SA V*ce 10/09/99 Pc: Sam L. Cureatz Barrister and Solicitor 104 James Street West Newcastle, ON L1B 1C8 1 I u.5 Hogan Crescent 'W MeadoW'J\e PART 1 OF 40R-17785 17 18 19 SUBJECT SITE N / I -----1 I \ - Q) Q) ~ - en ..c. .2> J: 1( ~~~ S DRAWN BY: J.R.M DATE: AUGUST 1999 REPORT WD-35-99 ATTACHMENT NO.1 lu4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 99- Being a By-law to authorize the release of an easement in favour of the Corporation of the Municipality of Clarington in Part of Lots 18 and 19, Registered Plan 40M-1886, Municipality of Clarington. WHEREAS at it's meeting on September 20th, 1999, the Council of The Corporation of the Municipality ofClarington approved the recommendations contained in Report No. WD-35-99; NOW THEREFORE, 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 ofClarington, a release of the easement in Lots 18 and 19 on Plan 40M-1886, described as Parts 1 and 2 on Plan 40R-I7785, attached hereto as Schedule "An, which had been transferred to the Municipality by Instrument No. L T823438 registered in the Land Registry Office by the Land Titles Division of Durham (No. 40). BY-LAW read a first and second time this 27th day of September, 1999. BY-LAW read a third time and finally passed this 2ih day of September, 1999. MAYOR CLERK 1 I u J ATTACHMENT NO.: 2 REPORT NO.: WD-35-99 ~ Province of Ontario Document General Do Process Software Ltd. . (416) 322-6111 99 090 D "'."" Form 4 Land Renistratlon Reform Act - (1) Registry 0 Land Titles [Xl 1(2) Page 1 of 2 pages (3) Property Block prorrty Identifier(s) 26616-0736 (LT Addilional: See 0 26616-0227 (LT) Schedule (4) Nature of Document APPLICA TION TO AMEND REGISTER (SECTION 75) LAND TITLES ACT >- (5) Consideration ..J Z 0 Dollars $ w (/) (6) Description ~ w u Part of Parcel Plan-I, Section 40M-1886 u:: LL being Part of Lots 18 and 19, Plan 40M-1886 0 0:: in the Municipality of Clarington 0 in the Regional Municipality of Durham designated as Parts 1 & 2, Reference Plan 40R-17785 New Property Identifiers Additional: See 0 Schedule Executions (7) This (a) Redescription ! (b) Schedule for: Other oj Additional: Document New Easement 01 Additional See 0 Contains: Plan/Sketch Description 0 Parties 0 Schedule (8) This Document provides as follows: TO: The Land Registrar for the Land Titles Division of Durham (No. 40) The CORPORATION OF THE MUNICIPALITY OF CLARINGTON having the benefit of a Transfer of Easement over Part of Parcel Plan-l, Section 40M-1886, being Part of Lots 18 and 19, Plan 40M-1886, in the Municipality of Clarington, in the Regional Municipality of Durham and designated as Parts 1 and 2, on Reference Plan 40R-17785 registered as Number L T823438 and it hereby applies under s. 75 of the Land Titles Act to have the register for the said parcel amended by deleting the entry as to an easement being Instrument No. L T823438 Dated at the Municipality of Clarington, this 7th day of September, 1999. Continued on Schedule 0 (( 9) This Document relates to instrument number(s) L T823438 TRANSFER of Easement (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature y M 0 nH;.(QBP.QAAIlQN.Qf..Iij:I.MWHqP.~MIX.Qf...(;~R~.~IQN.... ....................._...__.........__......__....__..................___n......_............................... (APPLICANT) . .. . . . . . . . . . . . . . .. ..........................................................__..u...............__.......___........._____........__ . ,. .................................................................................-t...._..........~.......t....... . .. . . . . . . . . . .. . .. . ,. ................................................................................................................... __.....__._____....______..________....._____.....______..._______......_________1'.___......---.'-----.r.---- (11) Addre.. 40 Temperance Street, Bowmanville, Ontario LIC 3A6 for Service (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature y M 0 YE.L.IRtANQ.SQ,NJ"IMHEIL______...._______....._____......___........_____.. . .. ............................................u...................................-............................... . ., . ., . ., . .. . .. . .. . ., . .. . .. ................................................................................................................... ......................................n.....~..................................."t...............~.......~....... . .. . .. . .. . .. . .. . ., . ., . .. . .. ..n............................................................................................................... .................................................u..............................-t...............~.......t....... . .. . .. . .. . ., . ., . .. . .. (131 Address 1038 Pinetree Court, Bowmanville, Ontario LIK IP4 for Service (14) Municipal Address of Property (15) Document Prepared by: >- Fees and Tax ..J z Registration Fee 0 w Sam L. Cureatz, Q.c. en :J 104 James St. West w () Newcastle, ON u. 1 u. LIB lC6 0 0 I .J a:: 0 Total Document prepared using r,.. Conveyancer