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HomeMy WebLinkAboutEGD-37-03 Addendum Unfinished Business CJ!J!-!lJgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JANUARY 10, 2005 Resolution #: (!..p(.l. -1) II,,-OS- Report #: ADDENDUM TO REPORT EGD-37-03 File #:_By-Iaw #:,.,2:)0<5. Deb Subject: DURHAM REGION PUBLIC ALERTING SYSTEM - PERMANENT EASEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report EGD-37-03 be received; 2. THAT Report EGD-37-03 be lifted from the table; and 3. THAT the recommendations contained within Report EGD-37-03 be approved. Respectfully by, ~L \\ Submitted by: A.S. Cannella ~"' Director of Engineering Services o A-Av..Z-O~ ~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo December 21, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 l;JUl 'Addendum to Report #EGD-37 -03 Page 2 1.0 BACKGROUND 1.1 At a meeting held October 6, 2003, Council tabled Report EGD-37 -03 (Attachment No.1) which recommended the transfer of an easement to the Regional Municipality of Durham for a public alerting siren/pole. The report was tabled because a public meeting had not yet been held regarding the overall issue of public alerting systems in Clarington. The public meeting was subsequently held on April 27, 2004 in Bowmanville and there were no significant concerns relating to this issue. As such, it is now appropriate to lift Report EGD-37-03 from the table, for Council's consideration. Attachments: Attachment NO.1 - Report EGD-37-03 -- -',:.1 1;)u2 REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6,2003 Report #: EGD-37 -03 File#: By-law #: Subject: DURHAM REGION PUBLIC ALERTING SYSTEM - PERMANENT EASEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-37-03 be received; 2. THAT the Offer to Purchase an Easement (Attachment 4) granting a permanent easement, described as Part 1 on Plan 40R-21972, to the Regional Municipality of Durham be approved; 3. THAT the Mayor and Clerk be authorized to execute a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham; 4. THAT the Durham Emergency Measures Office be advised of Council's decision. ~d! J~~~~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/LJB/jw September 30, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6T 905-623-3379 F 905-623-9282 J... ,) ..'...' ~ EPORT NO.: EGD-37..o3 PAGE 2 .' BACKGROUND .1 Durham Emergency Measures Office (DEMO) is responsible for coordinating the design, installation and maintenance of a Public Alerting System within the Contiguous Zone of the Darlington Nuclear Generating Station that meets the standard of the Provincial Nuclear Emergency Plan. This Public Alerting System is required under the Provincial Nuclear Emergency Plan in the event of a nuclear emergency at the Darlington Nuclear Generating Station and has been approved by the Municipality of Clarington Council and Regional Councils. , To this end DEMO established seventeen vicinities within the municipality where they wished to place sirens (see Attachment 1). Locations were based on the ability ofthe site to maintain sound at a certain decibel level for a certain radius around the site. n2 Two sites were established on MTO property, two on federal (railway) property, five on private property and seven on municipal road allowance. The remaining site required in the Baseline Road I Wests ide Drive vicinity was initially proposed too close to a residential area. Baseline Road R-O-W is not suitable due to the proximity of overhead hydro wires. Instead staff recommended a 3.66m x 3.66m pad located immediately inside the gate to the Wests ide Stormwater Management Pond located on the south side of Baseline Road. ~s Durham Region is requesting a permanent easement on the 0-06 site to allow for the required access for the purpose of fulfilling the requirements of the manufacturer's regular maintenance program. The Reference Plan for the 0-06 site was deposited on May 29th and is attached (Attachment 2). The authorizing by-law and related offer to Grant an Easement are also attached as Attachments 3 and 4. 2.0 CONCLUSION 2.1 Staff have conducted site visits to each of the municipally owned sites, and it is our view that the proposed site for location 0-06 is the most appropriate for this vicinity. ....... " ;.; -~- - ---- REPORT NO.: EGD"()3"()3 PAGE 3 Attachments: Attachment 1 - Sire Locations Map Attachment 2 - Plan 40R-21972 Attachment 3 - Authorizing By-Law Attachment 4 - Offer to Grant an Easement ~. 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I- a.. a... ~ j~ V1 ~~i i ~ i:; ~.i ...I ~... l:i.. u ~[. CJ::::z:c-<(;s 0: 0: .~" VI......................... aI , -.7:~ >- old ~~~I!!I!!t!.'I!!t!.'t!.' , . ~ <( W VJ U Z '.J- E 0 ~"'i: ~ . . ~5!li~~~gg 0< Q.. -0 ... >- ,iii!.:> ~ 0,1'1_ c,"i:!:~ ~H:~ z ~ZZ_~I !!: Z" ,':. . <( O:!::::>0iw VI'''!: i2 ~.~: V1 0: .'~:t;: '1 OJ , ...Jl.J..O:::O W o;;;i < f~Q .... - 0...0001-::E CJ:::: gs~~ ::> lL.l .....z o ,zj"'...:8!" . Vl lD lillZli Z .nl7\::lIilI!!I.::._ 5 15 ~ ~.. ::tll ~~ ""~ ~, - >l ~ ~ ~ ( .:: ' ~ tS :<i ~ ~;' ~f.{lfl. " ~'" ~~ ;:;.:: '. r..:l- '<J~ ~ is ~ .;! ,. ~ .J,_UH__- .ii~ Ii; r,:"'Pc- .1.(1. \....- n ,~ I. I:c.-~' _}.'r._J z o (/) (/) w D > '~ :~ " ,0 " <3. - at " U) ~ ....... <; ~~ : '.fj '" , ~ ,. . 2' ,. '. <., sf " (~ . 't " ., c, o u j <.:a.,...._.....1 /I..Ol.~t"'N 99t_ - . ) . ... ;~ - .. hi' "j'\ 99'" ....ot.:..8'" I- Z ---0'-- 0::: l.J.... _____ _n.__.....__._ - . . ~ ., ~ f- !i Q. ~a:i I!';; ",'1 ,"0 z" -Ill "'0 ~:r; o zS ~Ci 0..,. ",Ill ~t; ... is''' o i~ e~ ilio: "'~ tliS ~" ;altl o ..~ I!? " _0 zz =>< -, ~ -, I- o -.J '" ;S .., ;~ ~ f-, '" ., '>. <- -; <1' z w :::.:::: o 0::: CD I " ~i :~ y .::...... I- iI 9~ lOl ATTACHMENT NO.: 2 REPORT NO.: EGD-37-03 J.. } J ATTACHMENT NO.: 3 REPORT NO.: EGD-37-03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to 9r:ant an easement to the Regional Municipality of Durham. THE CORPORATION OF THE MUNICIPALllY OF CLARINGTON HEREBY. ENACTS AS FOllOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute. on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, an agreement between the Regional Municipality of Durham, and said Corporation, to offer to grant an easement to the Regional Municipality of Durham for the purpose of installing a Public Alerting System siren. 2. THAT the agreement attached hereto as Schedule "A" fonn part of the this By-law. , By-law read a first and second time this 20" day of October 2003. By-law read a third time and finally passed this 20" day of October 2003. MAYOR MUNICIPAL CLERK ..i.. _.' U ATTACHMENT NO.: 4 REPORT NO.: EGD-37-03 OFFER TO GRANT AN EASEMENT The Corporation of The Mnnicipality of Clarington (the Vendor) hereby offers to grant to The Regional Municipality of Durham (the Region) a permanent easement (the Easement) over Part of Lot 15, BFC in the Townsbip of Darlington, Municipality of C1arington. in the Regional Municipality of Durham (the "Lands") being Part Ion Reference Plan 40R-21971, togetherwitha right-of-way over the Vendor's remaining land, on the following terms and conditions: ..... 1.01 The Region shall pay to the Vendor the sum of Two ($2.00) DollaIS (the Sale Price) of lawful money of Canada by cheque of the Region on Closing. ...-.. .......... Sped8c TtmII of......... ""'"'" ".~ s...., lAplr_ """.. DoalMftlS 1.02 The Vendor acknowledges that the Sale Price includes all compensation based upon the market value of the Easement, damages attributable to disturbance. damages for injurious affection, and any other compensation to wbich the Vendor may be entitled lUlder the Expropriations Act in relation to the Region's construction. installation, operation and maintenance of its Public Alerting Siren System and all appurtenanCes on the Lands. 2.01 Not Applicable 3.01 The specific terms of the Easement shall be as set out in Schedule 3 attached to this Agreement. These terms shall be attached to the TransferlDeed of Land to be registered on Closing. 4.01 This Agreement shall be completed by no later than 4:30 p.m. on the 26~ Day of September, 2003 (the Closing Date or Closing), or sooner if mutually agreed to by both the Vendor and the Region. 5.01 Title to the Lands shall be good and free from all registered restrictions, charges, liens and encumbrances. 5.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of any title deed, abstract, surveyor other evidence of title to the Lands except as are in the possession or control aCthe Vendor. if on or before 4:30 p.m. on the day which is three (3) business days prior to the Closing Date, the Region furnishes the Vendor in writing with any valid objection to the title which the Vendor is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, notwithstanding any intermediate acts or negotiations, shall be nulJ and void. Save as to any valid objections made within such time or any objection going to the root of title, the Region shall be deemed conclusively to have accepted the title of the Vendor to the Lands. 6.0 I If necessary for registration purposes, the Region shall prepare, at its expense, a plan of survey for the Lands. 7.01 The Region shall pay all reasonable fees for legal services required by the Vendor to negotiate and complete tbis transaction. 8.01 All documentation required to complete this transaction shaIl be prepared by the Region at its expense. .' E.... 9.01 Not Applicable ......_ 10.01 The Region shall be credited toward the Sale Price with the amount, if any, necessary for the Region to pay the Ministry of National Revenue to satisfy the Region's liability in respect of tax payable by the Vendonmder the non- residency provisions of the Income Tax Act by reason of this transaction. The Region shall not claim this credit if the Vendor delivers on completion the prescribed certificate or a statutory declaration that the Vendor is not then a non-resident of Canada. '. f_LawA<< 11.01 If applicable, if the Vendor's spouse is not one of the Vendors, the Vendor shall provide satisfactory evidence that the Vendor is not a spouse within the meaning of the F amity Law Act or that the Vendor's spouse has no right or interest in the Lands. GST 12.01 The Region represents and warrants that it is duly registered for GST purposes under GST registration number R12326835\. The Region shall remit the GST payable in relation to this transaction to the relevant federal taxation authorities following completion of this transaction. Adju...-u 13.01 The Vendor acknowledges that there shall be no adjustments to the Sale Price on Closing for realty taxes or any other matters. G.-.I PI"'ftbioM 14.01 The tenDS and the representations and warranties, if any, contained in this Agreement shall survive and not merge on Closing. . 14.02 Time shall in all respects be of the essence provided the time for doing or completion of any matter provided for in this Agreement maybe extended or abridged by an agreement in writing signed by the parties or by their respective solicitors. 14.03 Any tender of documents or money may be made on the parties or their respective solicitors. 14.04 References herein to the Agreement shall mean the agreement consisting of this Offer executed by the Vendor and accepted by the Council of the Region. 14.05 This Agreement, including any schedules attached hereto, shall constitute the entire agreement between the V codor and the Region. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Lands except as expressed in this AgreemenL 14.06 This Agreement shall be read with all changes of gender or number required by the context. 14.07 The heirs, executors, administrators. successors and assigns of the Vendor shall be bound by the terms of this Agreement. 14.08 This Agreement is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 14.09 The mailing address of the vendor is: Municipality ofClarington Municipal Office 40 Temperance Street Bowmanville ON LlC 3A6 .1. ,.:, ~. V -3- LapM .rolTer \ 5.01 This Offer shall be irrevocable by the Vendor until the 29" day of August, 2003. after which, if not accepted by the Council of the Region, it shall be null and void. The Corporation of the Municipality of Clarington herehy executes tbis>Offer dated at this _day of .2003. John MuttOD, Mayor Patti L. Barrie, MUDicipal Clerk The Region hereby executes tbis Offer tbis day of ,2003. THE REGIONAL MUNICIPALITY OF DURHAM Roger ADdenoD, Regional Chair P.M. Madil~ Regional Clerk . , .l-J1-1 . SCHEDULE 'A' ADDTnONALCOVENANTS The transferars hereby grant, transfer and convey unto the transferee the free, unintenupted and unobstructed right and easement to construct, operate and maintain such public alert siren system together with any and all appurtenances thereto as may be required from time to time on. in. across, under and through the lands described herein (the "Lands"); TOGETIlER WITH the right of the transferee and its servants, agents, contractorS and workmen with all necessary materials, equipment, machinery and vehicles to en.... upon the Lands at all times and to pass and re-pass thereon for the purposes of installing. construCting. reconstructing. examining, altering, maintaining, repairing, renewing or replacing the said public alert siren s)'Stem or any part thereOf whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situated on the Lands; TORA VE AND TO HOlD the said easement or right in the nature of an easement on. in. across, under and through the Lands unto the transferee for the transferee's sole use forever; AND the transferors covenant with the transferee (i) to keep the Lands free and clear of any buildings, structures or obstructions; (ii) not to deposit on or remove any fill from the Lands. and (iii) not to do or suffer to be done any other thing which mayor might injure or damage any of the works of the transferee herein; AND the transfero;"eovenant with the transferee that they have the right to convey the said rights and easement to the transferee, notwithstanding any act of the transferors; AND the transferee shall have quiet possession of the said rights and easement, free from alt encumbrances; AND the transferors covenant with Ihe transferee that Ihey will execute such further assurances of the said rights and easement as may be required; AND the transferors hereby release 10 the transferee all claims upon the estate herein conveyed for the rights hereby granted; AND the transferee covenants and agrees with the lransferars that it will fill in alt excavations and, as far as is practicable, restore the Lands and premises to the condition existing prior to any entry thereon to exercise the rights hereby granted; IT IS UNDERSTOOD and agreed that the burden oflhis easement and of all the covenants herein contained shall run with the Lands and thaI this easement and all the covenants herein contained shall be binding upon and enure 10 the benefit of the parties hereto and their respective heirs. executors, administrators. successors and assigns. 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