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Home My WebLink AboutWD-7-96THE REPORT Meeting: GE~Rp,I, pugpOSE. AiND ADMINISTRATION COMMITTEE Date: .FEBRUARY 5, 1996 Report #: WD-7-96 File #: ', D.02.29.009 RBQVESTED BASElUU~T IN COURTICS COMMUNITY PAR& Subject: gy NANTIICRET C MIliIUM OF File # ~~~ ~~~-~ ~~ Res. # ~~, 'L?n~ b By-Law # .; Recommendations: ~ It ie respectfully recommended that the General Purpose and Administration committee recommend. to ,council the following: 1. TEAT Report wD-7•:96 be received; 2. THAT the Munici~iality of clarington grant an easement. to Nantucket Condominium for sa outfall channel on Courtice Community Park as shown on l+,ttachment No. 1a 3. TEAT Nantucket condominium grant an easement to the Municipality of clarington across its southwest corner for the purpose of pedestrian and service vehicle P,raffic as shown on Attachment No. 1; 4. TEAT Nantucket condominium prepare a registered plan which accurately depicts the limiit of the easements; 5. TEAT, through cgmmon agreement, the grantees pay unto each other two dollars ($2) in dull payment of the easements; 6. TRAT Nantucket Cpndominium pay all legal and other expenses involved in the transaction;^ i 7. TEAT the By-law 'i(Attachment No. 3) attached to Report WD-7-96 be passed authorising-the Hayor and Clerk to execute: the agreement; 8. TEAT the solicitmr for clarington be directed to take the necessary steps to complete the kransaction; and ..PESO®.E<.~.E 103:6 OF CLARINGTON REPORT NO.: WD-7-96 PAGE 2 9. THAT Mr.W. G. Creamer, Project Manager for D. G. Biddle & Associates Limited, ae agent for Nantucket Condominium, and Mr. Hannu Halminen of Halcorp Holdings Limited be notified of Council's decision. RSP 1.0 No. 1: Rey Map NO. 2: Copy of letter, dated January 5, 1996, from D. G. Biddle & Aeaogiatea Limited No. 3 Propgsed By-law authorizing the Mayor and clerk to execute the agreement 2.0 BACRGROOlID 2.1 On January 5, 1996, a letter was received from D. G. Biddle S Associates Limited, on behalf of xantucket condominium (Attachment No. 2), requesting an easement for a storm water outfall in Courtice Community Park. The relationship of the two (2) properties is depicted on Attachment No. 1. 2.2 it has been the practice to discourage service easements across parkland when alternate routes are available. Such easements encumber the land and often deter from ',the park's existing and future uses. 3.0 RRVIRW AtH) COMlD~1T 3.1 Three (3) easements have been given across parkland in recent years. xn July of 1989, council approved the sale of a sanitary sewer easement to the Regional Nugicipality of Durham through the undeveloped Courtice community Park. 3.2 in April 1992, Council approved the sale of a connecting easement in Courtice community Park to Halcorp Holdings Limited to eervice their proposed Nantucket Condominiums. 3.3 Consumers Gas, in late 1995, were granted an easement through Peter's Pike Parkette to provide natural gas services to the northern portion of Orono. 3.4 At present, pedestrian traffic can walk the north shore of Black Creek. However, there is an insufficient width of land between the creek and Nantucket's land 'to allow service equipment to mow grass along the entire north shore of the creek. When the park is developed, equipment will be forced to leave the park and re-enter at another location. with the 103.7. RBPORT NO.i wD-7-96 PAGB 3 granting of the easement, the resulting outfall would physically block pedestrian access along the north shore of slack Creek. Por the mutual benefit of both Nantucket Condominium and the Municipality, Nantucket recommends an exchange of easements. The easement received by the Municipality would provide the needed pedestrian and service vehicle access. The exchange of easements is a satisfactory arrangement from which both parties will gain equally. 4.0 CONCLIISIO~i 4.1 No reasonable alternate solution is apparent and it ie our recommendation that the .proposal prepared by D. G. Biddle & Associates Limited be accepted and the gasemente be exchanged. Respectfully submitted,. Reviewed by, Stephen//~ke Director of Public works JDC*ph January 26, 1996 Attachments Mr. W. G. Creamer Project Manager D. G. Biddle 6 Associates Consulting Engineers 96 Ring Street East Oshawa, ON L1H ls6 Mr. Bannu Balminen Balminen Bomea 1748 Baseline Road west Courtice, ON L1E 2T1 A W. B. Stockwell chief Administrative officer 1038 Nantucket Condominium 5.Om wide Easement to be granted to the Municipality of Clarin ton Proposed Storm Sewer Storm sewer outfall from Nantucket Condominium d Easement to be granted to Nantu Condominium Courtice ~~ Community Park o NASH RDRD DRi BJECT ~ ovs HlCHWgY i 00 C: ATTACHS DARL NANTUK.DWG a ~ ~ DRAWN BY: JM DATE: JAN. 1996 U ~ ATTACHMENT N0. 1 KEY MAP ~-7-96 103y D.G. Biddle ~ Associates Limited consulting engineers 96 KING ST. E., OSHAW A, ONTARIO L1H 186 PHONE (905) 576-8500 FAX (905) 576-9730 January 5, 1996 Municipality of Clarington Community Services 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. J. Cameron Re: Acquisition of Easement Storm Sewer Outfall & Related Works Nantucket Condominium Site Courtice, Municipality of Clarington Our File: 88073 Dear Sir: Further to our previous correspondence of January 19, 1995 and March 1, 1995 and our subsequent conversations, we would like to make the following proposal for the acquisition of the easement for the outfall channel and related works. In return for the easement for the outfall channel and related works, our client proposed to grant a 5.Om wide easement to the Municipality of Clarington for access across the south/west portion of the Nantucket Condominium Site. We have enclosed a preliminary plan showing the concept of the easements for your consideration. Your assistance in obtaining Municipal approval of the foregoing request would be appreciated, as we are now proceeding with final approvals in order to enter into a Site Plan Agreement with the Municipality of Clarington. Please contact our office at your convenience, should you have any questions or require additional information on the foregoing. Yours truly, D.G. BI~ & ASSOCIATES LIMITED ATTACHMENT No, 2 ~'" '1~------ • WD-7-96 W.G. earner Project Manager WGC/bms Encl. c.c. Mr. H. Halminen Mr. R. Holly, Planning Department ~ O n o :, ~ ~ s~ ~~ ~, _ _ B y~ .,~ ~, w w - <qC . e %~ ~, ~ w 1 ._..._ 1 ~~ ,, a ~ ~y 1 ~~ 1 ,# ~~ .:~~~~ ~ A., / / ~ O Y x~ ~ ~~ ~-~; ~ a ~ ~ ~ d ~ ~ ~' ~~ / *~~ ~ G ~ ~ ~-~'~ G a ~ ~~ '~~Y ~ ~ r~~ a r ~ _, o° 3 i ~ ~" 1 N rn ~ 1~ ~ ~~ ~/ ~ ~ ~~ ~° m ~ ~~ / ~ ~ ~ / . - ~ ~ ~ ~ ~~ ~ / /, ' 1 Q~-1 THE CORPORATION OF THB MOHICIPALITY OP CLARINGTON BY-LAN HO. 96- Heiag a By-law to authorize the execution of an Easement Agreement between The Corporation of The Huaicipality of Municipality and Nantucket Condominium TBe CORPORATION THE MONICIPALITY OF CLARINGTOH HERESY ENACTS BS POLLOHS: 1. THAT the Mayor and the Clerk ate hereby authorized to execute, on behalf of The Corporation of The Municipality of Claringtoa, and seal with the Corporate Seal, an Easement Agreement between the said Corporation and Nantucket Condominium, which ie attached hereto and marked schedule ^A^. BY-LAST read a first and second time this 12th day of February, 1996. HY-LAA read a third time and finally passed this 12th day of February, 1996. MAYOR CLERK ATTACHMENT N0. 3 WD-7-96 1Q42