HomeMy WebLinkAboutEGD-052-07
Clw;-!lJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Monday September 17, 2007 Resolution #:fJJ/Jr5'-f5'" 07
Date:
Report #: EGD-052-07
File#:
By-law #:
Subject:
LICENSE AGREEMENT BETWEEN HYDRO ONE AND MUNICIPALITY
OF CLARINGTON FOR THE USE OF AN UNOPEN ROAD
ALLOWANCE TO HYDRO ONE LANDS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-052-07 be received;
2. THAT in the event that the West Townline Road site ultimately be chosen as the
preferred site for the proposed Hydro One transformer station, the license
agreement for access purposes be entered into with Hydro One for the use of an
unopen road allowance north of Concession Road 7 on West Townline Road,
former Darlington Township;
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-e23-3379 F 905-623-9282
Report #EGD-052-07
Page 2
Respectfully by,
d~-~
Submi ed by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
September 11, 2007
Report #EGD-052-07
Page 3
1.0 BACKGROUND
1.1 In 2006, Hydro One began their EA process to install a 230/44 kV transformer
station in the Enfield area. The EA contemplated two sites in proximity to one
another near Concession Road 7 and West Townline Road (former Darlington
Township). Council will recall dealing with this matter in December, 2006, at
which time the General Purpose and Administration Committee recommended to
Council:
THAT Report PSD-119-06 be received for information;
THAT Hydro One be requested to provide a presentation to Council
and meet with affected residents at a location within Clarington prior to
finalizing the Notice of Completion of the Environmental Study Report;
THAT Hydro One and the Ministry of the Environment be forwarded a
copy of Report PSD-119-06; and
THAT all interested parties listed in Report PSD-119-06 and any
delegation be advised of Council's decision.
Neither of these sites was deemed acceptable due to physical site limitations. A
third site was contemplated on Hydro One lands northwest of the previously
studied sites, and this site is preferred by Municipal staff. Hydro One has not yet
held a public meeting regarding this site.
1.2 The site can only be accessed off an unopen portion of West Townline Road
north of Concession Road 7. Consequently, and prior to a public meeting, Hydro
One has approached the Municipality to enter into a License Agreement which
would allow Hydro One to construct and utilize a driveway on unopen West
Townline Road from Concession Road 7 to approximately 150 m north at which
point the driveway would enter onto Hydro One lands.
2.0 COMMENTS
2.1 The Municipality has entered into similar agreements with Hydro One and other
corporations for the use of municipal rights-of-way in the past. The Municipal
Solicitor has confirmed that this is the most appropriate manner in which to
accommodate their request.
Report #EGD-052-07
Page 4
2.2 The Agreement ensures that Hydro One would hold the Municipality harmless
during the term of the use of the right-of-way. The Agreement also outlines that
all construction, fencing, gating, engineering, surveying and legal costs will be
borne by Hydro One. As well, all maintenance is to be assumed by Hydro One,
including road, snow clearing, drainage, etc.
2.3 Hydro One wishes to gate and fence the area to be used as the driveway, and
staff support this request in principle. The gate will be installed at a mutually
satisfactory location.
2.4 Staff are currently awaiting confirmation from the City of Oshawa that they will
enter into a similar agreement with Hydro One since the City owns half the right-
of-way. Preliminary discussions with the City have revealed that they are willing
to accommodate Hydro's request.
3.0 CONCLUSION
3.1 Staff recommend that if the West Townline Road site is ultimately approved for
the construction of the Hydro One Enfield Transformer Station, the Municipality
enter into the License Agreement with Hydro One to allow them to use a
municipal right-of-way to access their lands provided that:
· the Agreement be drafted to the satisfaction of the Municipal Solicitor and the
Director of Engineering Services;
. all costs of construction, fencing, gating, engineering, surveying and legal
fees be borne by Hydro One; and
· the City of Oshawa provide their approval for the use of West Townline Road
for this purpose in a manner satisfactory to the Municipal Solicitor.
Attachments:
Attachment 1 - Key Map
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DRAWN BY: E.L.
I DATE: September 10, 2007
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REPORT EGD-052-07
ATTACHMENT NO.1
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