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Home My WebLink AboutWD-61-89 TOWN OF NEWCASTLE REPORT File #� Res. # _ -- -�. By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: JUNE 5, 1989 REPORT #: WD-61-89 FILE #: &JB,ECT: SOUTH BOWMANVILLE INDUSTRIAL PARK PIPE CROSSING AGREEMENT WITH THE CANADIAN NATIONAL RAILWAY AND A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE DEVELOPER OF PLANS 18T-87054, 18T-87055 and 18T-87056 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-61-89 be received; 2. THAT the attached by-law, authorizing the execution of a Pipe Crossing Agreement between the Canadian National Railway and the Corporation of the Zbwn of Newcastle be approved and that the Mayor and Clerk be authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Public Works, be approved; 3. THAT the attached by-law, authorizing the execution of a Construction and Maintenance Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas, trustees of the Anzelda and Joseph Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and' Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the Corporation of the Town of Newcastle be approved and that the Mayor and Clerk be authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Public Works, be approved; and 4. THAT the above matters be approved FORTHWITH. _-------------------------------------_------_----_----__---__------------_----__.®_ 1014 . . .2 REPORT 0O° : V0}-61_89 PAGE 2 ________________________________________________________________________________ REPORT I° BACKGROUND l^I Town Staff are in the process of expediting the servicing requirements for the development of the South Bowmauville Industrial Park, Plan 18T-87054 (refer to Attachment No.I) . 1.2 In order to address the drainage requirements for this watershed, the existing drainage course requires ceobauueIioetimo and the existing ooInect beneath the Canadian National Railway requires replacement with two larger culverts (refer to Attachment 0o,1) " 1.3 The following developers and oIaoo of subdivisions will benefit directly from the construction of these "Works" , referred to in Section I^2. CarhuIme Investments Limited - I8T-87054 &noeIda Haas, Betty Waiaglaaa, Sydney Gbpyobet, Joseph and AozeIda Haas, trustees of the &uoelda and Joseph Haas Children's Trust, Betty and AbcabamWaieglaso" trustees of the Betty and AbrabamWaiegIaoa Children's Trust, and Sydney and Helen Sboycbet, trustees of the Helen and Sydney Sboyobet Children's Trust, - I8T-87055 0oeautcVut Developments Limited - I8T-87056 1.4 These nWochov referred to in Section 1.2 are solely the responsibility of the benefiting developers for their construction and maintenance. 1.5 The Canadian National Railway has requested that the Town enter into a Pipe Crossing Agreement with the railway for the construction and future maintenance of the proposed culverts. ^ ~~] ' 1015 REPORT NO.: WD-61-89 PAGE 3 -------®------------------------®--_-------------_--------_--_---------®-----_---- 1.6 As you can see from Attachment No.l, the proposed culverts and the rechannelization works are located external to Plan 18T®87054 and these "Works" have not been addressed in the subdivision agreement with the developer of Plan 18T-87054. 1.7 Accordingly, a construction and maintenance agreement is required between the Town and the developers noted in Section 1.3. 1.8 This agreement would accommodate the access to, construction of, and future maintenance of these "Works". 1.9 All costs associated with the preparation of, execution of, and any requirement within these agreements, are the responsibility of the developers. 2. SUMMARY 2.1 The development of Plan 18T-87054 requires the construction of two culverts beneath the Canadian National Railway and the rechannelization of the existing watercourse. 2.2 Canadian National Railway requires the Town to enter into a Pipe Crossing Agreement for the construction and maintenance of the two proposed culverts. 2.3 The Town requires a construction and maintenance agreement with the benefiting developers noted in Section 1.3 to obtain access to the culverts and the rechannelized drainage course, and in order to construct and provide maintenance of these "Works" . . . .4 ` REPORT NO~ : VD-61-89 PAGE 4 ________________________________________________________________________________ 3^ RECOMMENDATION 3.1 It is, recommended, that, since these agreements with the Canadian National Railway and the benefiting developers noted in Section I"3 are necessary for the development of the South DowmauvilIe Industrial Pack, that the appropriate by-laws be passed to authorize the execution of these agreements and that the Mayor and Clerk be authorized to execute these agreements. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P. Eng., Lemcemoe Direotoc of DubIioWorhe. Cbief �dmiui jotseff, tzative officer. ASC*WAE*IIv May 30' 1989 Attachments 1017 I--( LOT 9 }—F--( LOT 8 >--� LOT 7 >—q 1---( LOT 6 )--i o ►� p BROKEN FRONT CONCESSION ez2 p25 y/G'y�gY 4p/ PROPOSED RECHANNELIZATION' ` \ yam, v 4L2.25p WORKS M �• � nO �:' _ � �I ti`s,. �a-.•.: �� '�l i- 0 � CqN� •� M ..•, M D�q� Nqr� o M �4y PROPOSED 18T-87054 CULVERTS 18T-87055 18T-87056 ' 2 w)u TOWN OF iOWMANVI LE,no n e TOWN OF NE ' CASTLE o ^' ❑ �� C �oDa E INE ROAO 0 gl r-• d� m W z ly'G/YWAr a) t .. 401 cF ATTACHMENT NO ,1. 1 D-61-89 1018 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- i I being a By-Law to authorize the entering into of a Pipe Crossing Agreement between Canadian National Railway and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Canadian National Railway and the said Corporation dated the day of , 1989, in the form attached hereto as Schedule "A" and forming part of this by-law. BY-LAW read a first time this day of 1989 BY-LAW read a second time this day of 1989 By-LAW read a third time and finally passed this day 1989. Mayor Clerk 1 0.,19 THE CORPORATION OF THE TOWN OF NEWCASTLE i BY-LAW NUMBER 89- being a By-Law to authorize the entering into of a Construction and Maintenance Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas, trustees of the Anzelda and Joseph Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the Corporation of the Tbwn of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the said Corporation dated on day of ,1989, in the form attached hereto as Schedule "A" and forming a part of this by-law. BY-LAW read a first time this day of 1989 BY-LAW read a second time this day of 1989 By-LAW read a third time and finally passed this day 1989. Mayor Clerk 1024