HomeMy WebLinkAbout2014-115 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2014-115
A by-law to temporarily restrict the use of a portion of the road allowance
between the former Townships of East Whitby and Darlington
WHEREAS:
(a) Hydro One Networks Inc. ("Hydro One") is proposing to construct a new
Transformer Station on property that it owns on Part of Lots 34 and 35, Concession
7, former Township of Darlington, now in the Municipality of Clarington, Regional
Municipality of Durham (the "Property");
(b) The Property is adjacent to an unopened portion of the Road Allowance between
the former Townships of East Whitby and Darlington (the "Road Allowance");
(c) The Road Allowance is under the joint jurisdiction of Clarington and Oshawa (the
"Municipalities"),-
(d) Hydro One has requested permission from the Municipalities to improve and traverse
upon that portion of the Road Allowance described as Part 3 on Plan 40R-28285 (the
"Easement Area") and a small portion of land owned by Clarington adjacent to the
Road Allowance described as Part 2 on Plan 40R-28285 in order to facilitate access
to the Property;
(e) The Municipalities have agreed to permit Hydro One to make such improvements
and traverse the Easement Area on the terms set out in an Agreement between them
dated as of September 29, 2014 (the "Agreement"),
(f) In the Agreement, the Municipalities have agreed to temporarily remove the public
right of passage over the Easement Area to allow Hydro One to construct,
maintain, repair and use the Easement Area as part of an access road to the
Property; and
(g) Section 35 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a municipality
may pass by-laws removing or restricting the common law right of passage by the
public over a highway.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1. Subject to sections 2 and 3 of this by-law, the public right of passage is hereby
restricted over the Easement Area for the duration of the Agreement.
2. Hydro One shall permit the Municipalities to use the Easement Area as reasonably
required, without fee or charge, subject to the conditions set out in the Agreement.
3. Emergency vehicles shall be permitted to use the Easement Area at all times.
4. This by-law shall be effective on the date that it is passed.
5. This by-law shall remain in effect until the Agreement has terminated.
By-law passed this 29th day of September, 2014.
Adrian FoMier, ayor f
/Anne Greentree, Municipal Clerk