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HomeMy WebLinkAboutPSD-057-04 ~j , Cloc-!lJgton REPORT PLANNING SERVICES DIS: Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, May 17, 2004 Report #: PSD-057-04 File #: RE 6.9.13 Res.: L\PA - -X>3-o if By-law #:;2co<f - { 3/ Subject: PROVISION OF EASEMENT TO THE REGION OF DURHAM FOR TWINNING OF EXISTING SANITARY SEWER RECOMMENDATIONS: It is respectfUlly recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-057-04 be received; 2. THAT the Municipality of Clarington grant an easement over Parts 1,4,5,6,7,and 13 on Plan 10R-1782 to the Region of Durham for the purposes of twinning an existing sanitary sewer; 3. 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; 4. THAT the Region of Durham be responsible for all legal, registration, and related costs associated with the grant of easement; and 5. THAT the Region of Durham Works Department be notified of Council's decision. Submitted by: d J, e, IP, R.P.P. D rector of Planning Services /'1 .~. .C Reviewed by: U AJ~ '~~R Franklin Wu, Chief Administrative Officer ILlDJC/df 4 May2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 630 ,~ REPORT NO.: PSD-057-04 PAGE 2 1.0 BACKGROUND The Region of Durham Works Department has submitted a request for an easement over lands owned by the Municipality of Clarington for the future twinning of an existing sanitary sewer (Attachment 1). The lands are south of Baseline Road and west of Duke Street in Bowmanville and are identified as Parts 1,4,5,6,7, and 13, on Plan 10R-1782. Attachment 2 indicates the various parts on Plan 10R-1782. The Region has previously obtained easements over Parts 2, 8,10 and 12 from Bowbrook Investments Ltd., Part 3 from Pythbow Development. Ltd., Parts 9 and 11 from the Ministry of Transportation, Parts 11, 12, and 15 from the Municipality, and Part 15 from TSC Stores. 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 - Request for Easement Attachment 2 - Key map Attachment 3 - Easement Agreement By-law Interested parties to be notified of Council and Committee's decision: Mr. L Kivell Manager of Administrative Services & Real Estate Region of Durham Works Department Box 623 105 Consumers Drive Whitby, ON L 1 N 6A3 631 ..... The Regional Municipality of Durham Works Department A TT ACHME.NT 1 April 6, 2004 r--. ~ I . I i ., L .. . .~._--J. . --~ . \1 .' Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario. L1C3A6 Attention: Isabel Little, M.C.I.P., R.P.P., Planner Dear Isabel: 105 CONSUMERS DRIVE Re; po BOX 623 WHITBY ON l1 N 6A3 CANADA 905-668-7721 Fax: 905-668-2051 Email: works@region.durham.on.ca Sanitary Sewer Easernent Requirement South of Baseline Road, West of Hunt Street . Part of Lots 11 and 12, Broken Front Concession, designated as Parts 1.4,5,6,7 & 13, 10R-1782 . Former Town of Bowmanville, in the Municipality of Clarington. Our File: LP-C-35-11 . . www.region.d.urham-.~n.ca .. C. R. Curtis, P. Eng., MBA Commissioner of Works . "~ce ~ Further to our recent telephone conversation in regard to the above matter, this is to confirm that the Region of Durham requires easements described as Parts 1, 4, 5, 6, 7 & 13, 10R-1782, over lands owned by the Municipality of . Claringtoh, for the future twinning of an existing sanitary sewer. Please advise whether the Municipality of Clarington would be agreeable to granting the above-described easements to the Region of Durham for the nominal sum of $2.00, The Region will be responsible for all legal, survey and registration costs associated with this grant of easement. Should you have any questions in regard to this matter do not hesitate to contact me. Yours t~J'/ r:?!~jtl--!/. . Lorie Mutton-Verbrugghe Real Estate Technician Real Estate Division Imv * 632 100% Post Consumer I- W W a:: l- (/) I- Z ::J :c BASELINE ROAD N t: '" "- :>c: w W tr () W -J -J .> 2 I o CQ Lands Owned By The Municipality of Clarington Lands Owned By Murray Cummings '" '" t: '" "- PartS Part 7 HIGHWAY 401 ~ Lands that the Region currently has Easements over Plan 10R1782, Parts 2,3,8 to 12 and 14 to 16 incl. D Lands that the Region is proposing to have easements over. Plan 10R1782, Parts 1, 4, 5, 6, 7 and 13 ATTACHMENT 2 I- W W a:: l- (/) W ~ ::J Cl J RE 6.9.13 633 '- . CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 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 granting an easement over parts 1,4,5,6,7 and 13, on Plan 10R-1782, Part Lots 11 and 12, Broken Front Concession, former Town of Bowmanville, for the purposes of twinning an existing sanitary sewer THE CORPORATION OF THE MUNICIPALTIY 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 31st day of May 2004 BY-LAW read a second time this 31" day of May 2004 BY-LAW read a third time and finally passed this 31" day of May 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 634 ATTACHMENT 3