HomeMy WebLinkAboutWD-34-963
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting: GENERAL.PURPOSE AND ADMINISTRATION COMMITTEE File# ~~[[~~ ~GG1~~~ c~
Date: OCTOBER 7, 1996 Res.#~~ l~
By-Law #
Report #: um_ ~ a _ a ~ File #:
Subject:, TRANSFER OF DAYLIGHT TRIANGLES TO THE REGION OF DURHAM
AT THE INTERSECTION OF REGIONAL ROAD 3 AND POTTERS LANE
ENNISAILLLEN
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. .THAT Report WD-34-96 be received;
2. THAT the Municipality of Clarington enter into an agreement.
with the 'Region of Durham to transfer the daylight triangles
shown as Blocks 31 and 32, Plan lOM-775, to the Regional
Municipality of Durham;
3. THAT the Mayor and Clerk be authorized to execute the
agreement;.
4. THAT the Region of Durham pay all costs associated with the
transaction; and
5. THAT R. W. Price, Director of Real Estate, Region of Durham,
be advised of Council's decision.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
,..E:~®.E~:~.E ...11.11
REPORT NO.: WD-34-96 PAGE 2
No. 2: Correspondence dated September 23, 1996, from The
Region of Durham
No. 3: By-law authorizing the Mayor and Clerk to execute
the agreement
2.0 BACKGROUND
2.1 The Region of Durham, in correspondence dated September 23,
1996 (Attachment No. 2), requested that the Municipality of
Clarington transfer to The Regional Municipality of Durham the
daylight triangles at the intersection of Regional Road 3 and
Potters Lane, Enniskillen.
3.0 REVIEW AND COMMENT
3.1 Daylight Triangles and One Foot Reserve
Blocks 31 and 32, Plan lOM-775, registered to the Municipality
of Clarington, represent daylight triangles at the
intersection of Regional Road 3 and Potters Lane. Blocks 33
and 34 are one (1) foot reserves registered to the Region of
Durham.
3.2 Drilled Well Located in Davliaht Triangle and One Foot Reserve
There is a drilled well located on the one (1) foot reserve
(Block 34) and daylight triangle (Block 31) on the southwest
corner of Regional Road No. 3 and Potters Lane (Attachment No.
1) In 1976, the well was one of several test sites drilled
as part of a test drilling program to establish a water supply
to serve the proposed residential development. The well was
not used due to the well's location and the abutting land use.
3.3 Agreement to Use the Well
Keuning Construction, owners of the property adjacent to the
well, requested approval from the Region to use the well to
service their property. The Region of Durham entered into an
~~~2
REPORT NO.: WD-34-96
PAGE 3
agreement with Keuning Construction to permit them to use the
well.
3.4 Problem
The Region of Durham was unable to register the agreement with
Keuning Construction on title, since the daylight triangles
are registered to the Municipality of Clarington.
3.6 The Intersection
The Region of Durham has jurisdiction over the intersection.
The daylight triangles are within the boundaries of the
intersection.
4.0 CONCLUSION
4.1 Since the daylight triangles are within the boundaries of the
Region's intersection, it is recommended that ownership of the
daylight triangles be transferred to the Region of Durham and
that the Region of Durham pay all costs associated with the
transaction.
Respectfully submitted,
Steph/ en A. Vto e~P.Eng.
Director of Public Works
Reviewed by,
~~~~
W. H. Stockwell
Chief Administrative Officer
JCO*ph
October 1, 1996
Attachments
R. W. Price, P.Eng.
Director of Real Estate
The Regional Municipality of Durham
Works Department
Box 623, 105 Consumers Drive
Whitby, Ontario L1N 6A3
1113
Regional Road 3
Btock:31 `:
Block 34 -~ \
1.2 ft. reserve ~
cC3
J
Drilled well in question
straddling property line ~
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ENNISKILLEN ~°r ~°r
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Regional Boat( 3
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KEY MAP
Block 33
1.2 ft. reserve
C: ATTACHS DARL POTWSW.DWG
DRAWN BY: JM DATE: SEPT. 1996
ATTACHMENT N0. 1
wD-34-96
Block 32 ; ~':
1114
September23, 1996
The Regional
Municipality
of Durham
"Works
Department
Box 623
105 Consumers Dr.
Whitby; Ontario
Canada Lt N 6A3
(905) 668-7721
Fax: (905) 668-2051
V.A. Sllgellls, P.Eng.
Commissioner
of Works
Please quote our reF.
LP-ENC-3-1
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attention: Ms. Jan O'Neill, Administrative Assistant
"Dear Ms. ONeill:
RE: Daylight Triangles at the Intersection of Regional Road 3
and Potters Lane in Enniskillen
As we discussed on September 19, i 996, the Region has entered into an agreement
with Keuning Construction Limited fortheir use o£ an existing drilled well on a one
foot reserve and daylight triangle at the southwest corner of Road 3 and Potters Lane
in Enniskillen.
The Region has registered the agreement on title on the one foot reserve but has not
-been successful in registering it on title on the daylight triangle: The Registry Office
advises that the daylight triangle is in the name of the Municipality of Clarington, so
the agreement is not registerable.
As this is an intersection of a Regional road-with a Clarington road, the simplest
solution to the problem would be to arrange. for Clarington to transfer the daylight
triangle to the Region.. The agreement would then be registerable. If this is agreeable
to Clarington, it seems appropriate the daylight triangle on the southeast comer of the
same intersection be transferred to the Region at the same time. This would-provide
consistent ownership at the intersection.
This is our request to Clarington to transfer Blocks 31 and 32 on Plan 10 M-775 to
the Region.
To assist in reviewing this request, enclosed is the following:
1. A copy of Commissioner's Report to Works Committee 96-W-81 (and
direction of Council} providing the details" on this `mattes
ATTACHMENT N0. 2
WD-34-96
2
100%Post Consumer ~ ~ ~ `'
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2. A copy of a portion of Plan 10 M-775 showing the daylighf triangles and one
foot reserves.
3. A sketch showing the exact location of the drilled we1L It straddles the
property line between the daylighf triangle and the one foot reserve.
Please advise if you require any additional. information to assess this request.. Thank
you for your assistance...
-Yours trulY>
~w . ~~c.-CJ2
R: W. Price, P. Eng.
.Director of Real Estate -
/jm
EncL
cc: Linda Hopkins, Legal Department
1116
Direction Memorandum
TO: V.A. Sil ailis -- ---- ___ ~__. ___
FOR YOUR APPROVAL O if O PREPARE REPLY FOR
O ~ YY 810NATURE
Commissioner of FOR YOUR lIONAT
PLEASE COYYE
FROM: P.M. Madill COMMENTS : -
DATE:
RE: Direction as per nlVnuies ~T.
COUNCIL Julv 3.1996 ITEM 6. REPORT Works Committee
6. AGREEMENT WITH KEUNING CONSTRUCTION LIMITED TO USE A
DRILLED WELL LOCATED ON A ONE FOOT RESERVE AND DAY
LIGHT TRIANGLE LOCATED ON THE SOUTH WEST CORNER OF
REGIONAL ROAD N0.3 AND POTTERS LANE IN THE COMMUNITY
OF ENNISKILLEN f96-W-811
RECOMMENDATIONS TO COUNCIL
a) THAT an agreement be entered into with Kenning Construction
Limited for the usage of a drilled well located in Part of Blocks 31
and 34, Plan 10M-775, in the Municipality of Clarington, formerly in
the Township of Darlington. The agreement is to contain the
conditions listed in Report #96-W-81 of the Commissioner of
Works; and
ti)~ THAT the Regional Chair and Regional Clerk be authorized to
execute the agreement.
P.M. Madill, A.M.C.T. TTLNTION DURHAM REOfON rr~.P~Ar
Deputy Clerk ~~~
T•F('r.TV~'Tl
' PN~r• .Ll~+a
cc: B.J. Roy, Regional Solicitor ~ ,IUI_ - ~ 1~4G ~=P~~^^w~•
1 ~~
• COPIES TO '^w+rw~ •^~ P.Pnn
DEPT.
1117
Re tonal Munici
g party of Durham
• Vb'orks Department
Commissioner's Report to Works Committee
Report 96-w-81
Date June ~5 1996
Subject
AGREEMENT WTTH KEUNING CONSTRUCTION LIMITED TO USE A DRILLED
WELL LOCATED ON A ONE FOOT RESERVE AND DAY LIGHT TRIANGLE
LOCATED ON THE SOUTH WEST CORNER OF REGIONAL ROAD NO. 3 AND
POTTERS LANE IN THE COMMUNITY OF ENNISKII.,LEN
Recommendation
A. THAT the Region of Durham enter into an agreement with Keuning Construction Limited
for the usage of a drilled well located in Part of Blocks 31 and 34, Plan IOM-775, in the
Municipality of Clarington, formerly in the Township of Darlington. The agreement is to
contain the conditions listed in Commissioner's Report No.
B. THAT the Regional Chao and Clerk be authorized to execute the agreement.
Report
The subject drilled well is located on the south west comer of Regional Road No. 3 and Potters
Lane in the Community ofEnniskillen.
In 1976, a developer co-ordiaated a test drilling program to establish a water supply capable of
yielding enough water to service a proposed residential development. The subject well was one of
several test sites at the development site. Due to the wells location and the abutting land use at that
time, the well site was not chosen as one of the preferred well sites to service the development.
Since that tune, due to the development, the Region obtained the one foot reserve and day lighting
triangle which contains the well.
RES
rd
9 1118
Page
Report 96-W-81
Re~°9_^s conr'd
The applicant proposes to construct a r
approval to use the wep to servi esrdential dwelling and approached the Region to r
and concur with the execution of anew roperty. Works D
greement subject to t~~ohave reviewed this request
l) a one time fee of$1,000.00 g conditions.
Payable to the Region.
Z) the applicant accept fhe well in its present condition.
3) ~ e Ran °y'of was eld harmless age ~, future claims with re
9
4 Bard to the qu~~,
) fro ~ usa to be inderrurified and held haanless against any action or cl
ge of the well
aim arising
5) the Region shall not be responsible for maim
service pipe and the applicant or e1anCe or re
services shall future owner of the Parrs to the well or the
maintenance work or reo~ible for all restoration of the operiy which the well
Pairs is required. ReS7Onal Property if
6) prior to the execution of the
P
roof that the Health DePartm~ettt~' ent by the Region, the aPPLcant is to provide
4uality of the water. satisfied with the location of
the well and the
~ the ~~~ ~ to be registered on title of the prope
The aPPhcant shall be responsible for all legal and stu~v which the well will service.
the agreement on title. , ey costs r
_ equu'ed to register
$) such other terms and conditions deemed necessary by the
The applicant has advised that it is in Regional Solicitor.
~_ agreement with the conditions.
• `~G p >
~~ '(.~~
V.A. Silgailis, P.
Recommended for Presentation to Co E g
Commissioner of orks
mmittee
1
H. Cubi > VV S. W.
C.A.O.
a~~7
THS CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Being a by-law to authorize the execution of
an Agreement between The Corporation of The
Municipality of Clarington and The Regional
Municipality of Durham for the transfer of the
daylight triangles shown as Blocks 31 and 32,
Plan lOM-775
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of The Corporation of The Municipality of Clarington
and seal with The Corporation's seal, an Agreement between The
Regional Municipality of Durham and the Municipality for the
transfer of the daylight triangles shown as Blocks 31 and 32,
Plan lOM-775, at the intersection of Regional Road 3 and
Potters Lane, Enniskillen.
2. THAT the Agreement attached hereto as Schedule "A" forms part
of this By-law. .
HY-LAw read a first and second time this day of October,
1996.
HY-LAW read a third time and finally passed this day of
October, 1996.
MAYOR
CLERK
ATTACHMENT N0. 3
WD-34-96
1120