HomeMy WebLinkAboutEGD-37-03
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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.
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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 3A6 T 905-623-3379 F 905-623--9282
705
,
REPORT NO.: EGD-37-03
PAGE 2
1.0 BACKGROUND
1.1 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 of the
site to maintain sound at a certain decibel level for a certain radius around the site.
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 / Westside 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.
Durham Region is requesting a permanent easement on the D-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 D-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 D-06 is the most appropriate for this vicinity.
706
,
REPORT NO.: EGD-03-03
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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Engineering Services
REPORT EGD-37-03
ATTACHMENT NO.1
Sept. 30. 2003
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ATTACHMENT NO.: 2
REPORT NO.: EGD-37-03
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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 grant
an easement to the Regional Municipality of Durham.
THE CORPORATION OF THE MUNICIPALITY 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" form part of the this
By-law.
By-law read a first and second time this 20th day of October 2003.
By-law read a third time and finally passed this 20th day of October 2003.
MAYOR
MUNICIPAL CLERK
110
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 Township of Darlington, Municipality of Clarington. in the Regional
Municipality of Durham (the "Lands") being Part 1 on Reference Plan 40R-21972, together with a
right-of-way over the Vendor's remaining land, on the following terms and conditions:
Prite
AddItional
Provisions
Specific Terms
of Euemenl
1.01 The Region shall pay to the Vendor the sum of Two ($2.00) Dollars (the
Sale Price) oflawful money of Canada by cheque ofthe Region on Closing.
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
which the Vendor may be entitled under 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.
Closing 4.01 This Agreement shall be completed by no later than 4:30 p.m. on the 26th
Day of September, 2003 (the Closing Date or Closing), or sooner if
mutually agreed to by both the Vendor and the Region.
Title 5.01 Title to the Lands shall be good and free from all registered restrictions,
charges, liens and encumbrances.
Survey
Legal fees
Closing
Documents
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 of the 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 null 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.
6,01 Ifnecessary 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 this transaction.
8.01 All documentation required to complete this transaction shall be prepared by
the Region at its expense.
I
Entry 9.01 Not Applicable
Residency 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 Vendor under the non-
residency provisions ofthe 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.
Family Law Act 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 Family 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 R123268351. The Region shall
remit the GST payable in relation to this transaction to the relevant federal
taxation authorities following completion of this transaction.
Adjustments
13.01 The Vendor acknowledges that there shall be no adjustments to the Sale Price
on Closing for realty taxes or any other matters.
General
Prnvil;ions
14.01 The terms 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 may be 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 Vendor and the Region. There is no
representation, warranty, collateral agreement or condition affecting this
Agreement or the Lands except as expressed in this Agreement.
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 of Clarington Municipal Office
40 Temperance Street
Bowmanville ON Ll C 3A6
! 2
-3-
Lapse of Offer
15.01 This Offer shall be irrevocable by the Vendor until the 29th 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 hereby executes this Offer dated at
this _day of , 2003.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
The Region hereby executes this Offer this
day of
,2003.
THE REGIONAL MUNICIPALITY
OF DURHAM
Roger Anderson, Regional Chair
P.M. Madill, Regional Clerk
I 3
,
SCHEDULE 'A'
ADDITIONAL COVENANTS
The transferors 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");
TOGETHER WITH the right oftbe transferee and its servants, ageuts, contractors and workmen
with all necessary materials, equipment, machinery and vehicles to enter 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
system or any part theredfwhether or not any part to be so constructed. installed, repaired,
renewed, altered, replaced or maintained is situated on the Lands;
TO HAVE 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 transferors"covenant 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 all
encumbrances;
AND the transferors covenant with the transferee that they will execute such further assurances
of the said rights and easement as may be required;
AND the transferars hereby release to the transferee all claims upon the estate herein conveyed
for the rights hereby granted;
AND the transferee covenants and agrees with the transferors that it will fill in all 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 of this easement and of all the covenants
herein contained shall run with the Lands and that this easement and all the covenants herein
contained shall be binding upon and enure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
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