HomeMy WebLinkAboutEGD-039-07
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday May 22, 2007 Resolution #:fiPA-31;;2 -0,
Report #: EGD-039-07 File #: By-law #: ~(X:J1--//?
Subject: ASSUIYIPTI.ON OF CLARINGTON BOULEVARD BETWEEN NORTH
LIMIT OF UPTOWN AVENUE AND NORTH LIMIT OF CLARINGTON
CENTRAL SECONDARY SCHOOL SITE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-039-07 be received; and
2. THAT Council approve the by-law attached to Report EGD-039-07, dedicating
Clarington Boulevard from the north limit of Uptown Boulevard to the north of the
Clarington Central Secondary School site (Part 19, Plan 40R-16730 and Parts 8,
9, and 13, Plan 40R-223327) as a public highway.
Respectfully by,
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Submitted by: A.S. Cannella
Director of Engineering Services
ASC/jo
May 10, 2007
.Lt Reviewed by: Franklin WU
IV' Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-039-07
Page 2
1.0 BACKGROUND
1.1 Clarington Boulevard from Highway No.2 to the north limit of King Street and the
north limit of the new Clarington Central Secondary School site is shown on the
drawing contained in Attachment 1.
1.2 The portion of Clarington Boulevard between the north limit of Highway No.2 and
the north limit of Uptown Avenue is identified on the drawing as Part 11 on Plan
40R-16730. It was established as a public highway by By-law 2004-101 as
recommended in Report #EGD-21-04. At the same time this portion of Clarington
Boulevard was assumed by the Municipality for maintenance purpose by By-law
2004-102.
1.3 Since January 2, 2003, section 31 of the Municipal Act, 2001 has required that
generally for the establishment of a highway on land that is not within a
registered plan of subdivision a by-law must be passed to establish it. Under the
previous Municipal Act, a highway could be established by dedication either by
by-law or by acceptance of an express or an implied dedication of the highway by
the owner of the land on which it is located. Dedication by the owner and the
acceptance of it by the public by using it or by the Municipality spending money
in maintaining it and so accepting the dedication of the highway on behalf of the
public, would vest title to the highway in the Municipality. This method of creating
public highways is not available for the establishment of highways since section
31 of the Municipal Act, 2001, came into effect.
1.4 By-law 2004-101 was necessary to establish the portion of Clarington Boulevard
on Part 11 on Plan 40R-16730 as a public highway since the land required for it
had been transferred to the Municipality by Willsonia Industries Limited
("Willsonia"). The land is not within a registered plan of subdivision. If it had been,
it would have been established as a public highway and title to it would have
been vested in the Municipality on the registration of the plan of subdivision.
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Since it was not within a registered plan of subdivision the necessary land for it
had to be acquired by the Municipality from Willsonia. Consequently, Section 31
Report #EGD-039-07
Page 3
of the Municipal Act, 2001 required that when construction was completed, this
portion of Clarington Boulevard had to be established as a public highway by by-
law and this was done.
1.5 The transfer to the Municipality of Part 11 on Plan 40R-16730 for a portion of
Clarington Boulevard was made by Willsonia pursuant to a Servicing Agreement
between Willsonia and the Municipality dated May 24, 1994 ("Willsonia Servicing
Agreement"). Willsonia constructed the highway pursuant to the Willsonia
Servicing Agreement at Willsonia's cost.
1.6 At that time, Willsonia owned the land abutting both sides of Part 11 on Plan
40R-16730. Willsonia's land included the development land abutting the land
required for the planned extension of Clarington Boulevard to the south limit of
the unopened Concession 2 road allowance. The unopened Concession 2 road
allowance is owned by the Municipality. The planned Stevens Road Extension
will be constructed on portions of it.
1.7 In effect, the Willsonia Servicing Agreement as amended by the First Amending
Agreement to it deferred the transfer of land to the Municipality and the
construction of the extension of the portion of Clarington Boulevard from the
north limit of Part 11 on Plan 40R-16730 to the south limit of the unopened
Concession 2 road allowance. This land is shown as Part 19 on Plan 40R-16730.
The deferral was to end when a building permit is issued for the construction of a
commercial building containing at least 60,000 square feet of commercial gross
floor area located on Phase II lands owned by Willsonia on the west side of
Clarington Boulevard had been issued. At that time, Willsonia was to transfer
Part 19 on Part 40R-16730 to the Municipality and construct the extension of
Clarington Boulevard on it.
1.8 The proposed Home Depot home improvement centre is planned for construction
on a portion of the Phase II lands. It will comprise approximately 9,000 square
metres of commercial gross floor area.
Report #EGD-039-07
Page 4
1.9 Halloway Holdings Limited ("Halloway") is now the owner of Willsonia's lands
both east and west of Clarington Boulevard. Following Halloway's purchase of
Willsonia's lands, Willsonia, Halloway and the Municipality entered into the
Second Amending Agreement dated June 2, 2003 to the Willsonia Servicing
Agreement as recommended in Report #PSD-084-03. Generally, under the
Seconding Amending Agreement, Halloway assumed responsibility for
performing those covenants of Willsonia under the Willsonia Servicing
Agreement that had not been fully performed by that time.
1.10 When the Second Amending Agreement was executed by the parties to it, the
Kawartha Pine Ridge District School Board ("School Board") was in the process
of acquiring the site for the Clarington Central Secondary School to the north of
the Concession 2 road allowance. The site would abut on its east, a portion of
the planned alignment for the extension of Clarington Boulevard; on its south, the
unopened Concession 2 road allowance; and on its west, Green Road.
1.11 Under the legal arrangements authorized by the Municipality by its approval of
the recommendations contained in Report #PSD-084-03, with the School Board
and its Vendor, the land required for the extension of Clarington Boulevard north
of the unopened Concession 2 road allowance to the north limit of the Clarington
Central Secondary School site would be transferred to the Municipality by the
Vendor of the lands to the Clarington Central Secondary School site. This
transfer (Parts 8 and 9, Plan 40R-22327) has been made to the Municipality.
Part 13, Plan 40R-22327 was part of the unopen Concession 2 road allowance.
1.12 The Second Amending Agreement to the Willsonia Servicing Agreement
amended the covenant to transfer Part 19 on Plan 40R-16730 to the Municipality
and construct on it a portion of the planned Clarington Boulevard extension. As is
noted above, the lands acquired by Halloway from Willsonia included Part 19 on
Plan 40R-16730 and Willsonia's lands on both sides of Parts 11 and 19 on Plan
40R-16730.
Report #EGD-039-07
Page 5
1.13 Pursuant to the Second Amending Agreement, Halloway transferred to the
Municipality the land required to extend Clarington Boulevard to the southerly
limit of the unopened Concession 2 road allowance.
1.14 The Agreement between the Municipality and the School Board required the
School Board to construct the extension of Clarington Boulevard from the north
limit Part 11 on Plan 40R-16730 to the north limit of the Secondary School site.
1.15 While the Second Amending Agreement required Halloway ultimately to pay for
the construction of the extension of Clarington Boulevard on Part 19 on Plan
40R-16730, construction of the extension of Clarington Boulevard on Part 19 on
Plan 40R-16730 was to be undertaken by the School Board at its cost. The
arrangements described below were made for Halloway to make deferred
payments to the School Board for the cost of construction of the highway on Part
19 on Plan 40R-16730.
1.16 The Second Amending Agreement to the Willsonia Servicing Agreement required
Halloway to deposit with the Municipality security for the cost of construction of
the Clarington Boulevard extension on Part 19 on Plan 40R-16730. One-half of
the security was to be drawn upon by the Municipality and paid to the School
Board following the issuance of a Certificate of Acceptance of the portion of the
Clarington Boulevard extension on Part 19 on Plan 40R-16730. The other half of
the security was to be drawn upon by the Municipality and paid to the School
Board following the earliest of certain specified events to occur. In fact, the
earliest event to occur will be the issuance of a building permit for the proposed
Home Depot home improvement centre on the lands on the west side of
Clarington Boulevard.
1.17 Construction of the extension of Clarington Boulevard to the north limit of the
Clarington Central Secondary School site was completed in 2005 when a
Certificate of Completion was issued by the Director of Engineering Services. In
Report #EGD-039-o7
Page 6
fact, it is used by members of the public although responsibility for maintenance
of it is the School Board's.
1.18 Since the Certificate of Completion has been issued for the extension of
Clarington Boulevard from the north limit of Part 11 on Plan 40R-16730 to the
north limit of the Clarington Central Secondary School site, this section of
Clarington Boulevard should now be established as a public highway by by-law
under section 31 of the Municipal Act, 2001. A copy of a draft by-law is contained
in Attachment 2.
1.19 A by-law to assume the extension of Clarington Boulevard from the north limit of
Part 11 on Plan 40R-16730 to the north limit of the Clarington Central Secondary
School site for maintenance purposes should not be passed until a Certificate of
Acceptance of it by the Municipality has been issued and a by-law has been
passed to assume this extension for maintenance purposes pursuant to the
Municipal Act, 2001.
Attachments:
Attachment 1 - Clarington Central Secondary School site drawing
Attachment 2 - Proposed By-Law
Future
Home Depot
Site
Part (Plan 40R-22327)
Clarington
Central
Secondary School
CI rington Boulevard Extension
Part 8 (Pl n 40R-22327)
Stevens Road (Road Allowance between Concessions 1 & 2)
Part 9 (Plan 40R-16730)
Uptown Avenue
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DRAWN BY: E.L.
DATE: May 14, 2007
REPORT EGD-039-07
ATTACHMENT NO.1
G:\Attachments\Clarington Blvd.mxd
ATTACHMENT NO.:2
REPORT NO.: EGD-039-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a By-law to establish, layout and dedicate
certain lands as public highways in the Municipality of
Clarington.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. THAT the Parts shown on Plan 40R-16730 and Plan 40R-22327, and
listed below in this section, being in the Municipality of Clarington, in the
Regional Municipality of Durham, are hereby established, laid out, and
dedicated by the Corporation of the Municipality of Clarington as public
highway:
Part 19 on Plan 40R-16730
Parts 8, 9 and 13 on Plan 40R-22327
BY-LAW read a first and second time this 28th day of May, 2007.
BY-LAW read a third time and finally passed this 28th day of May, 2007.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk