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Home My WebLink AboutEGD-012-09Cl~~~on REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JJ r~ C q Date: March 30, 2009 Resolution #: ~r~~~/~!t~~4_~/ Report #: EGD-012-09 File #: By-law #: D ' ®7 Subject: TRANSFER OF PART 7, PLAN 10R-645 AND RECIPROCAL ACCESS EASEMENTS FOR SILVER STREETIHOME HARDWARE PARKING 160 CHURCH STREET Recommendations: It is respecttully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-012-09 be received and APPROVED; 2. THAT the agreement in principle, as amended, contained in Attachment 1 be RATIFIED and APPROVED by the Municipality of Clarington; 3. THAT the Municipality of Clarington accept the transfer of Part 7 on Plan 10R- 645 (673 sq. ft.) for a nominal consideration from Syvan Developments Limited; 4. THAT conditional on Syvan Developments Limited satisfying Recommendation 5, the Municipality of Clarington grant Syvan Developments Limited an easement in Easement Area #1 shown on the sketch contained in Attachment 3 to permit vehicular and pedestrian access to Syvan Developments Limited, its lessees, licensees, employees, contractors, and members of the public access tc and from Part 10 on Plan 10R-645 to and from Silver Street fora nominal consideration, subject to the terms set out in section 1.10 of the Report; 5. THAT the Municipality of Clarington accept the transfer by Syvan Developments Limited of an easement for a nominal consideration, in Easement Area #2 shown on the sketch contained in Attachment 3 to permit vehicular and pedestrian access by the Municipality, its employees, contractors, agents, licensees and members of the public access to and from Parts 1, 2, 4, 5 and 9 on Plan 10R-645 to and from 160 Church Street, subject to the terms set out in section 1.11 of the Report; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-012-09 PAGE 2 6. THAT Staff and the Municipal Solicitor be authorized to prepare all the necessary documentation including a reference plan of survey to transfer the land and easements referred to in this Report; 7. THAT the Mayor and Municipal Clerk be authorized to execute the necessary documents on behalf of the Municipality of Clarington to permit implementation of Recommendations 2 to 6, inclusive; and 8. THAT the draft By-law contained in Attachment 4 be PASSED. Respectfully by, /J//J ,~7 1/f~~V- Submitted by: A.S. Cannella Director of Engineering Services O~~~'u. Reviewed by: Franklin Wu Chief Administrative Officer ASC/BMB/dv March 11, 2009 REPORT NO.: EGD-012-09 PAGE 3 1.0 BACKGROUND 1.1 The Municipality as set out in the Land Acquisition Strategy of 2000 acquired properties on the north side of Church Street and east side of Silver Street. The Municipality has recently finalized a parking lot layout on these properties, tendered the work and construction is substantially complete. 1.2 The Engineering Services Department made arrangements with the owner of the Home Hardware site and associated lands (Parts 2, 3, 5, 6, 9 and 10 on Plan 10R-645), Syvan Developments Limited to carry out a coordinated parking lot development. As part of those arrangements an agreement in principle was reached to permit reciprocal access (Attachment 1) and payment was received from Syvan Developments Limited for their portion of the works to implement the agreement. Mr. Ed Vanhaverbeke is the authorized signing officer of Syvan Developments Limited. 1.3 The parking lot plan referred to in paragraph 1.7 shows the Easement Areas (Attachment 3) that would be the subject of the reciprocal exchange. 1.4 The agreement in principle stipulates that Syvan Developments Limited would transfer to the Municipality of Clarington an easement over Parts 2, 5 and 9 on Plan 10R-645 (Easement Area #2) for vehicular traffic and access to the Municipal parking lot. In exchange the Municipality would transfer to Syvan Development Limited an easement over portions of Parts 1 and 4 on Plan 10R- 645 for the delivery of goods. However, the parking areas shown on the plan attached to the agreement in principle would not be affected by the exchange of easements. 1.5 Easement Area #1 (Attachment 3) in which the Municipality would transfer an access easement to Syvan Developments Limited to permit access to and from Silver Street to and from Part 10 of Plan 10R-645, is located on portions of Parts 1 and 4 shown on Plan 10R-645. 1.6 Easement Area #2 (Attachment 3) in which Syvan Developments Limited would transfer an easement to the Municipality to permit access to and from Church Street to and from Parts 1, 4, 7 and 8 on Plan 10R-645, is located on portions of Parts 2, 5 and 9 on Plan 10R-645. This easement would be transferred in exchange for the transfer of the easement referred to in paragraph 1.5. 1.7 Attachment 3 also shows the parking lot layout with the easements referred to in paragraphs 1.5 and 1.6. The easements will be transferred free and clear of all encumbrances and for a nominal consideration. 1.8 In addition, Syvan Developments Limited has agreed to transfer Part 7 (673 sq. ft) of Plan 10R-645 to the Municipality free and clear of all encumbrances for a nominal consideration. This land forms part of the Municipality's parking lot. REPORT NO.: EGD-012-09 PAGE 4 1.9 The Municipality will be responsible for the costs of reconstructing and improving the municipal parking lot, the accesses referred to above and the cost of preparation and execution of all legal and survey costs associated with the transfer of Part 7 and the reciprocal easements. Each property owner will be responsible for the maintenance of their property with the exception of winter maintenance on parts 2, 5 and 9 to be completed by the municipality. 1.10 Also, by an amendment to the Agreement in principle dated March 2, 2009, (Attachment 1) the easement to be transferred by Syvan Developments Limited to the Municipality in Easement Area #2 would be non-exclusive and perpetual in duration. It would be subject to the qualification that Syvan Developments Limited has the right to terminate the easement in Easement Area #2 if it decides to redevelop the building located on Part 10. In this case, Syvan Developments Limited would have the duty to relocate the easement to a new area on Part 9 and/or Part 10, provided that the replacement access driveway to Church Street is constructed at Syvan Developments Limited's cost, has a width equal to or greater than the width of the driveway that it replaces, provides access to Parts 1, 4, 7 and 8, and is constructed to the same qualitative standard as the driveway that it replaces. 1.11 By an amendment to the agreement in principle dated March 2, 2009 (Attachment 1) the easement to be transferred by the Municipality to Syvan Developments Limited in Easement Area #1 would be non-exclusive and perpetual in duration. It would be subject to the qualification that the Municipality has the right to terminate the easement in Easement Area #1 if it decided in the future to develop Parts 7 and 8, and the portion of Parts 1 and 4 on which the access driveway is to be located. In this case, the Municipality would have the duty to relocate Easement Area #1 to a new area on Parts 7 and 8 and/or Parts 1 and 4, provided that the replacement access driveway to Silver Street which is to be located thereon is constructed at the Municipality's cost, has a width equal to or greater than the width of the driveway that it replaces, provides access to the loading facility in Syvan Development Limited's building located on Part 10 via lands owned by Syvan Developments Limited and is constructed to the same qualitative standard as the driveway that it replaces. 2.0 CONCLUSION 2.1 The contract for the improvement of the Silver Street/Home Hardware Parking Lot is now substantially complete and the arrangements made in principle with Syvan Developments Limited (Ed Vanhaverbeke) should be finalized in accordance with the recommendations made in this report. 2.2 The Director of Planning Services concurs with this report. REPORT NO.: EGD-012-09 PAGE 5 Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Letters to Syvan Developments with sign back Plan 10R-645 Easement Areas #1 and #2 Draft By-law List of Interested Parties: ~1~iRgron March 2, 2009 Syvan Developments Limited Mr. Edmond Vanhaverbeke 20 Robert St. West, Unit A Newcastle, ON L 1 B 1 C6 Dear Mr. Vanhaverbeke: Re: Shared Silver Street Parking Lot/Home Hardware Parking Lot, Bowmanville CPR.2008.2 I am writing further to my letter to you dated July 17, 2008 and to confirm our recent discussion regarding amendments to our agreement in principle expressed in my July 17, 2008 letter. Easement Area #1 is located on portions of Parts 1 and 4 on Plan 10R-645. The Municipality would transfer an access easement in it to Syvan Developments Limited ("Syvan") to permit access to and from Part 3, 6, and 10 on Plan 1 OR-645 to Silver Street. Easement Area #2 is located on portions of Parts 2, 5 and 9 on Plan 10R-645. Syvan would transfer an easement in it to the Municipality to permit access to and from Church Street to Parts 1, 4, 7 and 8 on Plan 10R-645. The easement to be transferred by the Municipality to Syvan in Easement Area #1 would be non-exclusive and perpetual in duration. It would be subject to the qualification that Syvan has the right to terminate the easement in Easement Area #2 if it decides to redevelop the building located on Part 10. In this case, Syvan would have the duty to relocate the easement to a new area on Part 2, 5, 9 and/or Part 10, provided that the replacement access driveway to Church Street is constructed at Syvan's cost, has a width equal to or greater than the width of the driveway that it replaces, provides access to Parts 1, 4, 7 and 8, and is constructed to the same qualitative standard as the driveway that it replaces. The easement to be transferred by Syvan to the Municipality in Easement Area #2 would be non-exclusive and perpetual in duration. It would be subject to the qualification that the Municipality has the right to terminate the easement in Easement Area #1 if it decided in the future to develop Part 7 and 8 and portions of Parts 1 and 4 on which the access driveway is to be located. In this case, the Municipality would have the duty to relocate the Easement Area #1 to a new area on Part 7, 8 and/or Part 1 and 4, provided that the replacement access driveway to Silver Street which is to be located thereon is constructed at the Municipality's cost, has a width equal to or greater than the width of the driveway that it replaces, provides access to the loading facility in Syvan's building located on Part 10 via lands owned by Syvan and is constructed to the same qualitative standard as the driveway that it replaces. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 2 Except as amended by this letter, our agreement in principle set out in my letter to dated July 17, 2008 continues. If you agree with this letter, please sign below where indicated and return three copies to our office as soon as possible. Should you have any questions or concerns, please contact the undersigned. Yours truly, 1fQ;r.~?~) A.S. Cannella, C.E.T. Director of Engineering Services I the undersigned agree to the above based on the conditions and attachments referenced and provided. ~..~-- ~------- Edmond Vanhaverbeke Syvan Developments -:> ~fL 'f72!t)7 Date -) -) . ('In CJlJLiJ1glon July 17, 2008 REVISED-Please disregard previous Letter al so dated July 21, 2008. Syvan Developments Limited Mr. Edmond Vanhaverbeke 20 Robert St West, Unit A Newcastle ON LIB lC6 Dear Mr. Vanhaverbeke: Re: Shared Silver Street Parking LotJHome Hardware Parking Lot- Bowmanville CPR.2008.2 Per our June 5th site meeting, I have summarized our discussion with respect to the reconstruction of our shared Silver Street parking lot. Below are the details including the agreement reached in principle and any subsequent discussions: Meeting Summary . The Municipality will be paving our portion of the Silver Street Parking lot; . Curbs will be installed along the perimeter of the Municipalities portion of the parking lot; . The Silver Street entrance will be relocated north to provide an improved alignment for your delivery trucks; . A main concern of Syvan Developments was the loss, if any, of the parking stalls along the west face of the Home Hardware building. It was agreed that your existing conditions would remain; . The entrance off Church Street will be slightly widened to the west not impacting your parking on the east; . Our parking area will be pay parking, Syvan Developments will provide signing for their parking if patrons fmd it confusing. Agreement Reached in Principle . The Municipality will prepare a drawing for your approval (attached); +. Syvan Developments will grant the Municipality an easement over Parts 2, 5, and 9 of PlanIOR-645 (hereafter referenced 'the plan') for vehicular traffic and access to the Municipal parking lot; ~ . The Municipality will provide Syvan Developments an easement over Part I and 4 of the plan for the delivery of goods; . Syvan Developments will transfer Part 7 of the plan to the Municipality free and clear of all encumbrances; . The Municipality will complete the pavement rehabilitation to Parts 2, 5 and 9 of the plan at our expense. ~~)f 'E=;;:21d~:~;~:;;:;;d::h~~~P~K4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 "'ih ,-T \tll',-'\ \hml'd I'd, ill:} Ill[ ( PI-:..::'IHIi)..::' ") "7 .~ I .::'llllS · The Municipality of Clarington will be responsible for all legal and survey costs associated with the land transfer and easements; · The Municipality will include additional surface rehabilitation in the contract for Parts 3, 6, and lOon Syvan Development's behalf and will provide the tendered pricing (attached) to determine if Syvan Developments will proceed with the additional works as shown on the drawing. Attached for reference are the following; a drawing showing the works proposed (private and public property), the landscape drawing, the tendered pricing for the works on Parts 3, 6, and 10 of the plan that are Syvan Developments responsibility if you wish to proceed, the area of property to be exchanged, and the area of property requiring easements, as well as a copy of the legal plan. Upon agreement and consent by Syvan Developments, the Municipality will begin the reconstruction of the Silver Street parking lot. Property matters pertaining to transfers and easements will be finalized as agreed above when Municipal Council reconvenes in the fall of 2008. I trust that you will find that this letter accurately reflects the discussions. Should you agree to the principals herein and attached, please sign below in the appropriate location and return three copies to our office. Your return to the undersigned of the duly signed consent by July 25th, 2008 would be appreciated. Should you have any questions or concerns please contact the undersigned. ~ ~. ~,,<vA.s. C';'elI~ ' . ..' . .~ Director of Engineering Services ASCIBMB/cd/dv Attachments I the undersigned agree to the works described above based on the conditions outlined herein and attachments referenced and provided. ~' -Edmond Vanhaverbeke Syvan Developments 9A/~ :2 2y9JltJg/ I I'!)>~.ih',:ri:l~~ .\\1nlini-':lrdLl'l1l I I I II l\.~ ~1)IIX I ()fl.\ .hi!: ,l-.(.'S.s: \ ;lrl rWllp,,'rl~ I \11.Jlc',j...., I lr\II',lll'ld ,.J(I'I{.:lilIS.2.\,( .d.,c' , _n_ ~ -- 1 ~---- ' , ____---- i G) /01: ~--r ~ ~~[~ ~S~h~~s ~r;; -------- l-------- I i~ I~ ~.. ~-~-- --- .. _.......--~...,._-- - ----.-... --- --. Q--- --- . ----...-- - --C'v- _______ ----~ t8 PRrVATE ST~LS" GNU!AGE IMN 37 PUBUC STAUB ~iCAABN3E BIN --"----- -.",."---- -. ...._~OO'...~III_ --......-.....,...--...... ~__lIIau~__ ------------ -_______1Ill"< -..----.---- ---- __"'__Ol'__-...~ ---~.------.. --...-....--=-- --- L DOOR ~VH ,.-- -- -- .........,. ::.. == ..........-. ---........ .1......... __ ---------- ----------- ------- --------- ----_._---- --..--- -.------ - - ASPHALT RE-SURFACING PHASE 2 VARIOUS STREETS 2008 """"'-'CT"'Cl.2IlDH5 - SILVER STREET PARKING LOT IMPROVEMENTS I ":'~~S=:TION " A_ ._~ 12-2&730 iiiii'iO- IiiIiiiiiiii liiiiiiiiii.--- .-::.: P1 I HOt.AE HARDWARE BASE REPAIR AND PRO""~ON"'L 40mm HL-J TOPUFT ASPHAlT SAW CUT EAST UWIT AND REWOVE ASPHAlT. REGRADE. AND REPAVE wm... 60mm Hl-J FlNE GRADE. AND TOPlln ASPHAlT 50rnm Hl-,3 PROP. DOUBLE CATCH BA.SlN AS PER C-105 Wmi 2 FRAME AND GRATES AS PER O.P.S,O-400.020 TOP OF GRATE ElEV. 112.57 OUllET INV. 111.05 csw -__llllTCK.:-__ _ ~------ - CHURCH STREET SER~CE BOX SAWCUT DROP IN EXlSllNG CURB REWOVE [)(JSllNG - BRICK .. ASPHAl T REPAVE WITH iOmm HLJ (2 Uf"TS) CU:AR AND GRUB flOSTlNG PINE TRfE REt.tOIJ[ WA TER SERVICE BOXES SAWCUT DROP - IN EXlSTlNG OJRB REWOVE AND REPLAC[ EXISllNG CONCRETE S1[)[WALK WITH A ....Nl..UW l50mm lHlCK CONCRETE (AS PER C-~ AS REQUIRED TO WAlCH NE.w DROP lOC" TlON PROP. CURB AS PER C-- 302 BARRIER REWOVE WATER SERVICE BOX O.15m CONe 8<X..LARD ( 1.05m X 1.2m CONe. BASE FOR .PAY AND DISPlAY ...[rrR~ 20.Om OF" ~m RIGID DUe REWOVE AND REPLACf ~ [lOSllNG CON 1E SIDEWAlK AS RECUtREO ~ PER C-3(7) CONTRACTOR TO CHECK FOR UTlUTY CONFUCTS- BEFORE PLACING STOOtol SEWER ~;;r' BREAK INTO EXl511NG CB AND CONN[ T--- PROPOSED JOOmm CONe. STORN lEAD PROP. INLET !NV. 11050 PROP. ':'2~X. ~~mB~~'G S~~[RSE~fJ50-D) PROPOSED 1.5m SIDEWALK AS PER c~ 307 ~1t3 0 COlUMN AND METAL PICl(ET FENCE (SEE DETAIL ON DRAWING PJ) ~ 'J ) Cost Breakdown of Vanhaverbeke Property Portion Printed 08/07/2008 of Silver Street Parking Lot Improvments Lafarge Paving & Construction - Low Bid CONTRACT NO. CL2008-25 In accordance with the fIrst paragraph of this Tender, the Contractor hereby offers to complete the work specifIed for Contract No. CL2008-25 for the following unit prices. Spec. No. SP (P) RMDCS MOC The numbers in this column refer to the applicable Refers to Special Provisions Plan Quantity Payment Item Regional Municipality of Durham Construction Specifications Municipality of Clarington Design Guidelines and Standard Drawings Item No. Spec No. Description Unit Quantity Unit Price Total SECTION 'A' - SILVER STREET A..1\ffi CHURCH STREET PARKING LOT, BOWMANVILLE A10 MOC,314, Provisional Item 2 50 85.14 4,257.00 m SP Base Repair Inc!. Sawcutting, Excavation, Supply and Placement of 450 mm Granular 'A' and H.L.-3 Base A14 MOC,310, Provisional Item t 55 115.98 6,378.90 311 SP Hot Mix H.L.-3, (40 mm) Overlay A15 MOC, 532 Pavement Markings - Durable SP c) 100 mm Width Yellow (Provisional) m 105 14.34 1,505.70 Total Section 'A' - Vanhaverbeke Portion 12,141.60 P:\Dept12\12-29730\Specs\[CL200g-2S-Low Bid.xls]Silver Vanhaverbeke Cost Swn. n~. .,} ~ a~vt 0tY;" ?- ~ ) At rf: ,...)U\ J6 ~ / / UfllJrffr J) /# C'fJ)) JII I) > "Cr pi //>t~." (J.-C/JJ-lXY'vV qJr f/ <;fr1 Wk~P / ~0~ ~ l.k t~~../ Page 1 of 1 Pages /\~ Jv-('';-/ '1)iJ1 ~ {I RECEIIIED AND DEPOSITED AS ) 2,623 PLAN 10R_~~S__ 312 v" 1,294 2.~18 i~ _ ~~-=- Lcn~ 300 if o TE 1.249 " ~~~~~ 673 6.391 ~O REGlST THE GI~ 2,800 eNI51 OF NEWCASTLE (N~ 101 19,387 I REOUIRE THIS Pl..AN 10 lIE OEPOSITE UN OM PAfrT l% OF THt: REGISTRY ACT ~eQ!e!!lI:?~~r~3.1-197~ _ Dote SCHEDULE Bl.DCK I PLAN InwLOTI CON. - - - "l" JOHN 12 . GRANTS PA~ LOT / !1:l2,J53,l7I;n - - 2 ~. J7I - - 3 ,:)3,171 - - 4 '52,1~3 - - 5 /~3 - - 6 1~3 - - 7 /52 - - 8 152 - - 9 1~3 - - 10 /~3,154 PLAN OF SURVEY OF ALL OF TOWN LOTS /52 AND 153...AND PART OF TOWN WTS /54 171 AND 17 c... ALL IN 8LOCK"L'1~CCORD/NG TO JoHN GRANT'S PLAN OF THE FORlVlER TOWN OF BOWMANVILLE (~RT OF TOWNSHIP WT '?....CO\ICESSION ! I GEOGRAPHIC TOWNSHIP ur- DARLINGTON FORMER COUNTY OF DJRHAM ), NOW WITHIN THE LIMITS OF THE TOWN OF NEWCASTLE REGIONAL MUNIClPAL/TY OF DURHAM SCALE' I inch = 30 feet M. O. BROWN O.LS. 1976 MD. Brown Newne - - - -;,.- - -Print SURVEYOR'S CERTIFICATE I ..fREBY CERTIFY rHt.T. l iht'5 su,.-~ ~p'Qn Q~O:II'Tect one .nOCQ:l'"oonce Wlti".. the Survey's t..cr t)nd the RegISfry kf ono ttw reQYiOfeOnS mode then!lu~r 2 The ~.os oornpletec:l on 'he 3rd day of $eptembe1'". J976 5<<>"'_ 7.1976 _ ~;Z~.~-: '.L{~ .. 0 BR(MN ()lfGTIO Land ~ rveyor '" '" .., ... (59 F. (1106) " ::; \\:'\ .... c.;t) ............. N E ."9N LDt 154 74' -7 ""' III LIlliE" 54 ..0':;' St'J8' N/3267 ...~ '';>' "'7 I .~" i 1....._ ~ 0- Z c Foil (1106, -- S E 4..'ol.~ lot I~" '" i:~ r"_ :"Ii: ; ~~: I ..~- ,~ ~~ 10 N41063 N2 flRt ns .; -13336: l "2 . _. ~ ~ ,.. .01 L-: 0' ,~ ""LW ~ .. Sl ::l , .., 763 67.32' N7loiir ... .Sl . .... ... o '" ;;: a:: LU ?:j en STREET 10R-645 CHURCH (IIOQ EASEMENT AREA #1 EASEMENT AREA #2 !!5!!L rr.T>lE_lTYc.TH[~TO~ __c:Ell-EEulCTLOCATDlOf._-"':.ou. ~fCM._TO.ou..nur&.E__1WlJ ~~_GIlDUN:Iart-.:Jfll_ E'OlllE~T>E-''''''~TDI.''''' ~Y~OOITH[-.o.AHIl_lIE~TH[ ~~.:~ Mf><TH[IQU__OfTH[~--=-u.y ~_nel~O':T.ooDlU'fIlTOO_OII: -.-c__.TO."O""'''''''EIIIENCE~ -~ ASPHALT RE-SURFACING PHASE 2 VARIOUS STREETS 2008 ~ ~:ND ___ -~~~- j!: _ u.aG'MTE_ ~ -.- --- -.-~a.olIEll""'~ _CN_ u.nG-....met\le>>a.i' -M-ElOfn<<JIUIllEll~OIalO TIlEI 1'1: 10 lIE ~ASTDIED NlOl.OEl THE 1JlE[ IN ,.. f'IQ.I'lE EQfI. <J91OC"0_0\ICASEll,",_COUAR ~~~3~~.~~~~;; ~~~Pl~flOOO(fQJ.oRD-"'" ~ CUTilHOREYOYE"'-I..~~',lIOf'{.oHJlIURlJf'~ I'llOIIITOPtWFOf.........,-.....REYOo'EPI.OSTlC COK1"1NE1tS.Cl1l~SlJTSNTOORGN;IC COHl~mfM:llJT...lEROOTI'ENEmo\1lOfO '_>~~~rn~"~~ ' (MJ'lEMTlREPL.NmIlGNfEA "'_('6 \ ~~~~:~SAuCER.iffOO.II',(lBiQ;Of~ CONllIfJOllS"lJoHTI'IGPlTI I ~~-,,=~~ v~ 1lEIl511J8(PI..A/O'lUI!lAO<1'llOIII EDGE TONKIDNIUIfUlENCEWffilIlD.lOaNTUSE:S !>I.<oCE'lOOTlW.l.ON~1UIORTHOROVCHLrCOlOP/rCIUI ~ CONTINUOUS PLANTING BED DETAIL. N.T.S ~ 1:,SLllf'(:ON5IllCSc:EP\N(1lIlGHOlL !lI:NlPn EDGC;NI()8O'lTl)IoIOff'lNllNGF'ff wo.TEJIITl1OIlO\/I)HLYJrflU'lf'\.NITING ~ ~ DOOR HARDWAR HOME --- ---- :=:H ------- ____ ro;;;;; ---- ---- ~ / SEE ENeE PICK[ META '"' '" " ~ I.&J I.&J 0::: ~ (/) 0::: ~ ...J (/) i 1 :;:r:-J I f.:!.) \\1 f I,ll CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to authorize the acceptance of the transfer of certain land from Syvan Developments Limited to the Municipality of Clarington, the transfer of an easement access to Syvan Developments Limited and acceptance of an easement of access from Syvan Developments Limited in connection with the improvement of the municipal parking lot at Church and Silver Streets, Bowmanville WHEREAS at its meeting on 012-09; , 2009, Council received and approved Report EGD- NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Municipality of Clarington hereby authorizes the acceptance by the Municipality of the transfer from Syvan Developments Limited, for nominal consideration, of the fee simple interest free and clear of encumbrances and restrictions in the lands more particularly described as Part 7, Plan 10R-645. 2. THAT the Municipality of Clarington hereby authorizes the acceptance by the Municipality of the transfer from Syvan Developments Limited for a nominal consideration of an easement in Easement Area #1 shown on the sketch contained in Attachment 3 for the purpose and on the terms set out in Report EGD-012-09. 3. THAT conditional on Syvan Developments Limited transferring the easement to the Municipality as described in Section 2 hereof, the Municipality will transfer to Syvan Developments Limited for a nominal consideration an easement in Easement Area #2 shown on the sketch contained in Attachment 3 for the purpose and on the terms set out in Report EGD-012-09. 4. THAT the Mayor and Clerk are hereby authorized on behalf of the Municipality of Clarington to execute the necessary documentation to permit the registration of the transfer referred to in Section 1, the transfer of the easement in Easement Area #2 and the acceptance of the transfer of the easement in Easement Area #1 referred to in Sections 2 and 3 of this By-law. BY-LAW read a first, second and third time and finally passed this _ day of 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk