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HomeMy WebLinkAboutEGD-039-07 ~ 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, ~ 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. l' 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 -- .., .. .. > .. "3 = = lV W~E s 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