HomeMy WebLinkAboutPD-179-81 u 11Z -.Sly)
t'
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE
MEETING OF OCTOBER 26, 1981
REPORT No. : PD-179-81
SUBJECT: British Bulldog Restaurant and Dining Lounge
Transfer of Easement
Our File: S-P-1-8
Recommendations:
It is respectfully recommended:
1. That Report PD-179-81 be received; and
2. That an appropriate easement be granted to Sandringham
Inc. for the construction and maintenance of the storm
sewer outfall being constructed in conjunction with
the British Bulldog Restaurant and Dining Lounge; and
3. That the Clerk be directed to prepare a By-Law
authorizing the execution of the necessary transfer of
easement; and
4. That the Town solicitor be directed to prepare the
necessary easement documents; and
S. That the Mayor and Clerk be authorized to execute the
transfer of easement to Sandringham Inc. on the Town's i
behalf.
Background:
On September 14, 1981 Council approved in principle a site
plan agreement between the Town and Sandringham Inc. in respect' of the
c�
i
.�.►Z.�St G) �
Report No. PD-179-81 Page 2
I
I
proposed development of the British Bulldog Restaurant and Dining Lounge.
At the same time Council authorized staff approval of the subject site
plans and the execution of the site plan agreement. As a result of our
circulation and review of this proposal, it was determined that certain
storm water drainage works will be required of the developer. These
works will of necessity outfall to the Black Creek. It is therefore
i
necessary to provide the developer with an easement for the storm sewer
over part of Block 12 of Registered Plan M-747. Ownership of these lands
presently rests with the Town. Alternatively, it would be necessary
to have the ownership of the completed storm sewer and outfall vested
with the Town and for the Town to obtain a maintenance access from the
developer. This would result in the Town maintaining what would essentially
be a private storm sewer. For that reason, this alternative was rejected
as not being in the best interest of the Municipality. Staff have
discussed the need for an easement with the Applicant and have amended
the site plan agreement accordingly to provide for the dedication of an
easement by the Town and subsequent maintenance of the storm sewer and
outfall by the owner. It is our opinion that this amendment is consistent,
with the intent of the agreement as previously approved in principle by
Council and therefore it is not our intention to bring this particular
aspect back before the Committee. However, staff do require Council
authorization to initiate the transfer of an easement from the Town
to Sandringham Inc. It is for this reason that this Report has been
brought forward.
I
i
i
I
i
a-slc)
Report No. PD-179-81 Page 3
Comment:
The location of the required easement is generally as shown
on the grading and drainage plan forming part of Schedule C to the
British Bulldog Site Plan Agreement. A copy of the said plan will
be displayed at the Committee meeting for the benefit of the Committee
members. However, the extent and detailed description of the easement j
have yet to be finalized. This shall be done by means of a reference
i
plan which is presently being prepared by the Applicant's agents. In
this regard we would note that all costs associated with the transfer
i
would be the responsibility of the developer in accordance with the
Town's normal practice. Bearing in mind the time constraints upon
the developer which were discussed with the Committee in conjunction
with Staff Report P-159-81, it would therefore be appropriate for
Council to provide staff with the necessary authorization to permit
initiation of the easement transfer.
Respectfully submitted,
J. Dunham, Director
Public Works Department
l�
(T.T- Edwards, M.C.I.P.
Deputy Director of Planning
i
TTE:ld
Oco"ber 16, 1981
I