HomeMy WebLinkAboutWD-31-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
%07
Meeting:. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~ u
Res.#~~(~.41'-!!
Date: June 20, 1994
By-Law # _9~ /Gb
Report#:-~,~=-nA File#: ;~~ ?6.02
Subject: LAND PURCHASE, SOUTH SIDH OF HIGHWAY #2 FROM DARLINGTON
BOULEVARD EASTERLY TO TRUCES ROAD, INCLDDING SIDBWALRS ON
PRSTONVALE ROAD
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. That Report WD-31-94 be received;
2. THAT Council pass the By-laws attached to Report WD-31-94 to
implement the purchase of land from Mr. and Mrs. Bryson and
Mr. and Mrs. Veenhoof;
3. THAT funds for the purchase of the lands be obtained from the
Public Works Lot Levy Reserve, Account No. 1110-00157-X;
4. THAT the Municipality's Solicitor be instructed to take all
necessary actions to complete the transactions; and
5. THAT Mr. and Mrs. Bryson and Mr. and Mrs. Veenhoof be advised
of Council's Decision.
REPORT
1.0 A
No. 1 Key Map
No. 2 Proposed By-law with Agreement to Purchase from Mr.
and Mrs. Bryson
IUUI
o.oE.~®a.~.«E
REPORT NO.: WD-31-94 PAGE 2
No. 3 Proposed By-law with Agreement to Purchase from Mr.
and Mrs. Veenhoof
2.0 BACKGROUND
2.1 The approved 1993 Capital Budget and Four Year Forecast
provided for the construction of sidewalks on the south side
of Bighway #2 from Darlington Boulevard easterly to Trulls
Road including sidewalk on the east side of Preatonvale Road
at Highway #2 as shown on Attachment No. 1.
2.2 The Municipality's consultant, Totten Sims and Hubicki
prepared the sidewalk design and determined that in order to
accommodate the proposed sidewalk land was required to be
purchased from two property owners. The lands required to be
purchased are as shown on Attachment No. 1.
3.0 REVIEW AND COl1I~~NT
3.1 Totten Sims and Hubicki, on the Municipality's behalf,.
negotiated agreements to purchase from Mr. and Mrs. Bryson
and Mr. and Mrs. Veenhoof for the land required for the
sidewalk (see Attachment No. 2 and No. 3).
3.2 The land required from Mr. and Mrs. Bryson consists of 1.9
square metres in Part Lot 33, Concession 2, former Township
of Darlington, in the Municipality of Clarington, as
illustrated on Attachment No. 2. The agreement to purchase
from Mr. and Mrs. Bryson is in the amount of $500.
3.3 The land required from Mr.
41.8 square metres in Part
Township of Darlington, in
as illustrated on Attachme
purchase from Mr. and Mrs.
$2000.
and Mrs. Veenhoof consists of
Lot 33, Concession 2, former
the Municipality of Clarington,
rt No. 3. The agreement to
Veenhoof is in the amount of
~~n2
REPORT NO.: WD-31-94 PAGE 3
3.4 In the above-mentioned agreements to purchase, it is
stipulated that the Municipality is responsible for all
legal, surveying, or other associated costs involved in or
with the land transaction.
3.5 In order to meet the construction schedule for the sidewalk
work and recognizing the time necessary to prepare a survey,
legal documentation, and to close the land transaction,
Totten Sims and Hubicki obtained permission from .the
property owners to enter the land and construct the
sidewalk in accordance with the design. Verbal permission
was granted by Mr. and Mrs. Bryson and Mr. and Mrs. Veenhoof
to enter and complete the sidewalk work prior to the land
purchase being formally completed.
3.6 .The sidewalk construction work-was subsequently completed in
the fall of 1993.
4.0 RECOMl~t1DATION
4.1 The passing of two (2) bylaws (Attachments No. 2 and No. 3)
attached to this report provides the authority to the Mayor
and Clerk to execute the documents necessary to complete the
transactions.
Respectfully submitted,
Walter Evans, P. Eng.
Director of Public Works
Reviewed by,
W.H. Stockwell
Chief Administrative Officer
ASC/WA8/wc
June 7, 1994
attachments
pc: Mr. and Mrs. Veenhoof
2749 Prestonvale Road
Courtice, ON
L1E 2R3
Mr. and Mrs Bryson
5 Phair Avenue
Courtice, ON
L1E 2R9
1003
I_
I I
I I
II EXISTING SIDEWALK
o II CONSTRUCTED IN 199
I
I I
I I
I I
I I
I I
LJ II
IT
o II
w
II
PART 1 OF II
PLAN 40R- 15008 i ! vEENHOOF
I ' PHPIR P�EN�E
i�PART 2 0
ROBERT ADAMS DRIVE �SDN PLAN 40R 15008
I I 8R
`COURT CE'
L
CT o
MI. DRA�AGH DARL SWWDNG.DWG i
AWN BY: JM DATE: JUNE 1994
F ATTACHMENT NO.1
KEY MAP WD-31-94
IOJ4
,f
THE CORPORATION OF THH MUNICIPALITY OF CLARINGTON
BY-LAW 94-
Being a by-law to authorize the execution
of an agreement between The Corporation
of the Municipality of Clarington and Mr.
Thomas L. Bryson and Mrs. Susan H. Hryson
for the purchase of certain lands
required for the construction of
sidewalks in the Municipality of
Clarington.
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, s.191 (1~,
states that:
- "The Council of every corporation may pass by-laws for
acquiring or expropriating any land required for the
purposes of the Corporation ..."; and
WHEREAS The Corporation of the Municipality of Clarington
requires certain land for the construction of sidewalks.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-
LAW OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS
FOLLOWS:
1. THAT the Mayor and Clerk be authorized to execute on
behalf of The Corporation of the Municipality of
Clarington, and seal with the Corporate Seal, an
.. Agreement to Purchase from Mr. Thomas L. Bryson and Mrs.
Susan E. Bryson attached hereto as Schedule "A" and
- forming part of this Hy-law, that portion of Part Lot 33,
Concession 2, Former Township of Darlington.
- BY-LAW read a first and second time this day of 1994.
BY-LAW read a third time and finally passed this day of
1994.
MAYOR
ATTACHMENT N0. 2
WD-31-94
V~~~
SCHEDULE "A"
totten sims hubicki associates
Mr. & Mrs. Bryson
5 Phair Avenue
COURTICE, Ontazio L1E 2R9
May 25, 1993
Dear Mr. & Mrs. Bryson
lA KING STREET EAST, P.O. BOX 396, COBOURG
ONTARIO, CANADA K9A 4L7
(416) 372-2721 FAX (416) 372-3621
Re: Proposed Sidewalk, East Side of Prestonvale Road, (I-Iwy. 2 to Phair Avenue), Courtice,
Town of Newcastle
In conjunction with the above noted project, the Town of Newcastle will be extending the existing
sidewalk on Prestonvale Road across your lot frontage to Phair Avenue. In order to avoid conflict
between the proposed sidewalk and the hydro pole in the southeast quadrant of the intersection of
Prestonvale Road and Phair Avenue, the Town wishes to purchase from you a 2.0 metre triangle of
property.
The location of the required property and proposed sidewalk is shown on the attached plan. As was
discussed with you on site, the existing tree adjacent to the work will not be disturbed. The Bell Canada
and Cable T.V. pedestals are to be relocated to the east.
The Town of Newcastle will pay for all land surveys and legal costs associated with the purchase. In
addition, they are prepared to offer you $500.00 as compensation for the required property.
Should you agree with the terms and conditions of the land purchase as stated in this letter, please sign in
the space allocated on the attached sheet to formally acknowledge your approval. Kindly return one copy
of the signed letter to our office in the envelope provided by June 2, 1993.
Upon receipt of the signed letter, we will direct the Land Surveyors and Town Solicitor to proceed with
the necessary agreements and reference plans.
All conditions as stated herein are subject to the approval of the Council of the Town of Newcastie.
We thank you for your cooperation regarding this matter.
Yours very truly
totten sims hubicki associates
/1/ /~'~ ~<.~
William McCrae, P.Eng.
Design Engineer
WMC/ag
s379Prvz9nozlsic
encl.
pc: Mr. W.A. Evans, P.Eng., Director of Public Works
ENGINEERS ARCHITECTS AND PLANNERS 1 I`~ I, 6
. ~ Mr. & Mrs. Brysou -
May 25, 1993
r
We the undersigned agree to the land sale based on the conditions noted in the attached
correspogtlence dated May 25, 1993.
L.
Bryson
Dated:. tJ ~~~ ~ 1993
~._
~~ ~ ( totten Sims hubicki associates
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-
Being a by-law to authorize the execution
of an agreement between The Corporation
of the Municipality of Clarington and Mr.
Henry John Veenhoof and Mrs. Laura E.
June Veenhoof for the purchase of certain
lands required for the construction of
sidewalks in the Municipality of
Clarington.
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, s.191 (1),
- states that:
"The Council of every corporation may pass by-laws for
acquiring or expropriating any land required for the
purposes of the Corporation ..."; and
WHEREAS The Corporation of the Municipality of Clarington
requires certain land for the construction of sidewalks.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-
- LAW OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS
FOLLOWS:
L THAT the Mayor and Clerk be authorized to execute on
behalf of The Corporation of the Municipality of
- Clarington, and seal with the Corporate Seal, an
Agreement to Purchase from Mr. Henry John Veenhoof and
Mrs. Laura E. June Veenhoof attached hereto as Schedule
"A" and forming part of this By-law, that portion of Part
Lot 33, Concession 2, Former Township of Darlington.
BY-LAW read a first and second time this day of 1994.
BY-LAW read a third time and finally passed this day of
1994.
MAYOR
CLERK
ATTACHMENT N0. 3
WO-31-94
1 ~iJ8
~~ SCHEDULE "A"
~~ C
1A KING STREET EAST, P.O. BOX 398, COSOURG
ONTARIO, CANADA K9A 4L7
totten Sims hubicki associates
Mr. & Mrs. Veenhoof
2749 Prestonvale Road
COURTICE, Ontazio
L1E 2R3
(416) 372-2121 FAX (416) 372-3621
~~ ``F. ~• t6,..~w ``,,
~-' ,o~~
I,?'
May 25, 1993 +:'U•~iGKI
Deaz Mr. & Mrs. Veenhoof: AIJ - OidTARVO
COBOUi ~u
Re: Proposed Construction of Sidewalk, East Side of Prestonvale Road,
(from Hwy. 2 to Phair Avenue), Courtice, Town of Newcastle
This letter will serve to confirm our recent discussions with regard to the proposed purchase by the Town
of Newcastle of a 6 fr. wide strip of property across the western limit of your lot fronting on
Prestonvale Road.
The land is required to construct a 5 foot wide concrete sidewalk and for the relocation of utilities
resulting from the sidewalk construction.
As agreed the Town will pay all legal and land surveying costs associated with the land purchase. The
proposed sidewalk will be located 5 fr. from the new property line. Utility pedestals will be relocated
between the proposed sidewalk and the new property limit. As compensation for the property the Town
will pay to you the sum of $2,000.00. All areas of your property disturbed during construction shall be
restored to current conditions or better.
Should you agree to the above, please sign the attached sheet in the appropriate location and return one
copy to our office. Your return to the undersigned of the duty signed consent by June 2, 1993, would be
appreciated.
All conditions as stated herein are subject to the approval of the Council of the Town of Newcastle.
If you should have any additional concerns or questions please contact the undersigned at 1-800-463-8046.
Yours very truly
totten Sims hubicki associates
W / • ! (~ilOtII~
William McCrae, P.Eng.
Design Engineer
WMClag
s~7sFrvnnozls/c
pc: Mr. W.A. Evans, P.Eng., Director of Public Works
ENGINEERS ARCHITECTS AND PLANNERS 1 lj U 9
~ -~
Mr. & Mrs. Vcenhoof ~ f N /' ~~
May 25, 1993
~:
We the undersigned agree to the land sale based on the conditions noted in the attached
correspondence dated May 25, 1993.
n -~ A ~ ,1 e
0/J»l'.G~ / '
E. June Veenhoof
i
Dated: v ~.~. Lti- ~ ~ 1993
v'
1 ~ ~ O totten sims hubicki associates
2