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HomeMy WebLinkAboutPSD-065-05 REPORT #4 CJ~il1gton REPORT PLANNING SERVICES Meeting: Date: COUNCIL Report #: PSD-065-05 File #: RE 6.9.14 C-g..-'3>3-o5 By-law #: 0200 5' - ()(f 0 Monday, May 2, 2005 Subject: PROVISION OF EASEMENT TO THE REGION OF DURHAM FOR A SANITARY SEWER RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-065-05 be received; 2. THAT the Municipality of Clarington grant an easement over Parts 5,6and7 on Plan 40R-23375 to the Region of Durham for the purposes of a sanitary sewer; 3. THAT the Region of Durham be authorized to commence works immediately; 4. THAT the attached by-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute an Easement Agreement with the Region of Durham for a nominal fee; 5. THAT the Region of Durham be responsible for all legal, registration, and related costs associated with the grant of easement; and 6. THAT the Region of Durham Works Department be notified of Council's decision. Submitted by: Reviewed by: /r aLC053- Franklin Wu, Chief Administrative Officer IL/FUDJC/df 29 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD.065-05 PAGE 2 1.0 BACKGROUND 1.1 The Region of Durham Works Department has submitted a request for an easement over lands owned by the Municipality of Clarington in order to provide a sanitary sewer to service a residential development north of Baseline Road and south of the Goodyear lands in Bowmanvilie. The easement would be west of the Hunt Street Road allowance and run from Baseline Road south to Highway 401, Staff were informed on April 29th by TSH that the contract has been awarded and construction is to begin on this project during the first week of May 2005. In order to ensure that the works can be completed as now scheduled it will be necessary for Council to authorize the works to begin prior to the easement being registered on title. The Region would like to have the easements transferred for a nominal fee and are willing to be responsible for all legal, survey and registration costs associated with the grant of easement. 2.0 CONCLUSION 2.1 Staff has no objection to the granting of the easement and recommend that the attached by-law be passed. Attachment 1 - Key Map Attachment 2 - Easement Agreement By-law Interested parties to be notified of Council's decision: Mr. L Kivell ATTACHMENT 1 I I 1 ! I- W W a:: l- I en I l- I z I ::J :r: BASELINE ROAD I .:~ I 1:: ., 7.-.: lo:: <0 W t:: w al I- cr ~ , W (.) W w a:: , -J I- , -J en :> z w ~ ::c ::J 3: Cl 0 al LO t:: al ~ ~ ~ ~ / / ( / HIGHWAY 401 J ~ Lands that the Region requires for an easement Plan 40R23375, Parts 5, 6, and 7. RE 6.9.14 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a by-law to authorize an Easement Agreement between the Corporation of the Municipality of Clarington and the Region of Durham, in respect to grant and easement over Parts 5,6 and7 on Plan 40R-23375, Part Lot11, Broken Front Concession, former Town of Bowmanville, for the purposes of a sanitary sewer. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and the Clerk are hereby authorized to execute, on behalf of the Municipality of Clarington, with the corporate seal, an Easement Agreement between the Region of Durham and the Municipality BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk