HomeMy WebLinkAboutPSD-116-08 Clarington REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 3, 2008 ke5A - �A~�
Report#: PSD-116-08 File #: RE 6.14.24 By-law M
Subject: TRANSER OF LANDS TO THE REGION OF DURHAM FOR PART OF
THE RELOCATED INTERSECTION OF BOSWELL DRIVE SOUTH OF
REGIONAL HIGHWAY 2 IN CONNECTION WITH THE DEVELOPMENT
OF LANDS OWNED BY PLAYERS BUSINESS PARK LTD. AND WEST
DIAMOND PROPERTIES INC. WEST AND NORTH OF GREEN ROAD
AND REGIONAL HIGHWAY 2
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-116-08 be received; and
2. THAT Council pass a by-law (Attachment 2) to authorize the Mayor and the
Municipal Clerk on behalf of the Municipality of Clarington to execute all
documents necessary to transfer for a nominal consideration Parts 2 and 5
shown on the draft Reference Plan contained in Attachment 1 to this Report to
the Regional Municipality of Durham.
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Submitted by:
Reviewed
David rome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DC'df
16 October 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-116-08 PAGE 2
1.0 BACKGROUND
1.1 As part of the legal arrangements between Players Business Park Ltd. and West
Diamond Properties Inc. ("Players/West Diamond") respecting the proposed
development of their lands north and west of Regional Highway 2 and Green
Road, Players/West Diamond executed a Subdivision/Consent Agreement dated
June 25, 2007 with the Municipality of Clarington.
1.2 The Subdivision/Consent Agreement required Players/West Diamond to transfer
Blocks 96 and 97 on Plan of Subdivision 40M-1904 to the Municipality for the
purpose of Boswell Drive south of Regional Highway 2. The intent was to permit
the relocation of part of the intersection of Boswell Drive south of Regional
Highway 2 with Regional Highway 2 a short distance to the west of its present
location so that it would line up with the proposed intersection of Boswell Drive
north of Regional Highway 2 with Regional Highway 2. The relocated intersection
of Boswell Drive south of Regional Highway 2 will be situated on parts of Blocks
96 and 97 on Plan of Subdivision 40M-1904. The portion comprising part of Block
97 and a 0.3 metre reserve required by the Region are shown as Parts 2 and 5
on the draft Reference Plan contained in Attachment 1.
1.3 Players/West Diamond transferred Block 97 on Plan 40M-1904 to the
Municipality. Block 96 previously had been transferred to the Region of Durham
pursuant to a subdivision agreement with the Region respecting the subdivision
of the residential lands south of Regional Highway 2 which are within Plan of
Subdivision 40M-1904.
1.4 The Region of Durham has requested that the Municipality transfer to the Region
Parts 2 and 5 shown on the Reference Plan contained in Attachment 1 for a
nominal consideration. Part 5 will be incorporated into the relocated portion of the
intersection in question. Part 2 will be a 0.3 metre reserve abutting a portion of
the intersection.
2.0 CONCLUSION
2.1 The transfer of title to the Region of Durham to the lands comprising part of the
relocated portion of the intersection of Boswell Drive south of Regional Highway
2 together with the 0.3 metre reserve referred to in paragraph 1.4 will implement
the intent of the arrangements between the Municipality and Players/West
Diamond. It is recommended that Council pass the necessary by-law to authorize
their transfer to the Region of Durham. (Attachment 2)
Attachments:
Attachment 1 - Draft Reference Plan
Attachment 2 - Draft By-law
Attachment 1
To Report PSD-116-08
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Attachment 2
To Report PSD-116-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
' being a by-law to authorize the transfer of certain lands to the Regional
Municipality of Durham which are required for the relocation of a portion of
the intersection of Boswell Drive south of Regional Highway 2 with
Regional Highway 2 and a 0.3 metre reserve abutting part of the relocated
intersection
WHEREAS at its meeting on November 3, 2008, Council received and approved Report
PSD-116-08,
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk are hereby authorized on behalf of the
Municipality of Clarington to execute all documents necessary to transfer for a
nominal consideration Parts 2 and 5 shown on the draft Reference Plan contained
in Attachment 1 to this Report to the Regional Municipality of Durham.
By-law read a first, second and third time and finally passed this _ day of
November, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk