HomeMy WebLinkAboutPSD-079-02
REPORT 1/3
ClJJ!-!!Jglon
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Friday July 12, 2002
Report #: PSD-079-o2
File #: SPA 2002-002
By-law #: ;l::tJ;J - /;7. !
Subject:
PROPERTY MATTER - 618709 ONTARIO INC.
TRANSFER IN ESCROW OF LANDS FOR FUTURE TRULLS ROAD
WIDENING
RECOMMENDA nONS:
It is respectfully recommended to Council:
1. THAT Report PSD-079-02 be received;
2. THAT Council pass the attached by-law to authorize the Mayor and Clerk, on behalf of
the Municipality, to enter into an Agreement with 618709 Ontario Inc. respecting the
transfer in escrow of lands required for the portion of the future Trulls Road widening
shown as Part 1 on Reference Plan 4oR-21257 subject to the conditions in Section 1.5
of Report PSD-079-02; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da i :.I. Crome, MCIP, R.P.P.
Dir tor of Planning Services
""',w"" by' ~F -
nklin Wu,
~ Chief Administrative Officer
BR*L T*DJC*sh
July 9, 2002
REPORT NO.: PSD-079-02
PAGE 2
1.0 BACKGROUND
1.1 618709 Ontario Inc. (Maguire Water Supply) submitted an application for site plan
approval for their property located on the northeast corner of Trulls Road and Cigas
Road. The municipal address of the property is 131 Cigas Road.
1.2 The property in question is zoned for industrial uses. The Official Plan identifies Trulls
Road as a Type C Arterial Road with a future grade separation at the St. Lawrence and
Hudson (CPR) rail line. Through the site plan approval process it was acknowledged a
road widening would be required to facilitate the future grade separation works.
1.3 Although the widening may not be required by the Municipality for a number of years, it
is vital that the Municipality has the ability to obtain title to the lands when it is needed.
Mr. Maguire's operation - a contractors yard involves the parking of a number of
vehicles and trailers on the property, including the area required for the future road
widening, at differing times. Mr. Maguire wishes to retain the use of this parking area
until such time that the road widening is required.
1.4 As such and in order to protect the Municipality's interests it is respectfully
recommended that the lands required for the future road widening, shown as Part 1 on
Reference Plan 40R-21257, be transferred in escrow to the Municipality for a nominal
consideration free and clear of all encumbrances and restrictions through the site plan
approval process for the property in question.
1.5 The transfer will be delivered to the Municipality's solicitor to be held in escrow until
either:
1) The Director of Engineering Services gives thirty (30) days written notice to 618709
Ontario Inc. that the lands described in the transfer are required for the construction
of the road widening and/or grading separation works; or
2) 618709 Ont. Inc. notifies the Municipality, as required, that it has entered into a
binding agreement for the sale of Part 2 of 40R-21257, such notice to be provided
within (15) days of the execution of the purchase and sale agreement.
At either time, whichever comes first, delivery of the transfer to the Municipality will be
completed.
REPORT NO.: PSD-079-02
PAGE 3
1.6 The Director of Engineering Services and the Municipal Solicitor concur with the
recommendations of this report.
2.0 CONCLUSIONS
2.1 It is respectfully recommended that the lands for the future road widening and/or grade
separation on Trulls Road be transferred to the Municipality in escrow subject to the
conditions in Section 1.5.
Attachments:
Attachment 1 - Portion of Plan 40R-21257 showing the road widening
Attachment 2 - By-law to authorize the making of an Agreement
Interested parties to be notified of Council's decision:
Glenn Genge
D.G. Biddle & Associates Ltd.
96 King Street East
Oshawa, Ontario
L 1 H 1 B6
St. Lawrence and Hudson Rail~~:
"'nI"ci;loo(P~ E (Pl. ,,[AS}
M 6T ~J 1)Il.
~:::::::::::::::::::: 1\ ,,=
~,:.-.:>'>:-:.:.:,:..,.I \- ,,"
:::::~;~:::~:::::
o
<{
o
et:: ...................
'::::::::::::::::::::~
en ::::::::::::::::::::~
...J :.:.:.:.:.:':.:.:.:.:.
...J ::::::::::::::::::::::
::J ::::::::::::::::::::::
a:: ::::::::::::::::::::::
I- :.:,:.:.:.:.:.:.'....
rmmmt
:::::::~:::::::::
! :::::::~:::::::::
1
.
! ::::::::::::::::~
. ::::::::::::::::~
:.:.:.:-:-:.:::~
~ ..... :::::f
:~
::::::::::::~~
;.j:.........
J Future
l Trulls Road
Widening
:'
40R-21257
PART
2
:;; ....i"
0f~-.H1"
" I. i~.
'J 6 I; f) 3
001 2
~
"
,
!o
'<:'
.
c::'
()
'.::,,'
~:.,
....o~ro.a:
II ~ ....,
\
"
tl<Qf$rE..a;
IU ~ n\
.::-.
"
I~ H=7:.
<>>OUHl[..
I
I
I
I
I (DEDIC.., 'TED
I
I
Ii
,
o
, .~
H 7J' 3lr 00- E
c'
CIGAS ROAD
AS
Pl.JH PL.A,N 10R--H1,)
PUBliC HIGHlYA'( BY BY--Ll,,'/f
P. I. N. 2660J - 0032
~.,...w ~
/COT>>.~DN'
1
ROA.D "llOWANCE BEThEEN CONCESSION
AND BROKEN fRONT CONCESSION
1618709 Ontario Inc. Lands
Attachment 1
---
---
-
("01)
~'.'t'" -1
u.><>~
",
()
~i
,
.
,
g
~
~
t'lO""
:1.: Cl
,~' <:>
t:i
.:: "1
"
~
W
N
"
.
,
.
r~:
<(
n
;,;
w
(:i
()
.r
:'1
'.
-~
~
,
~~~
.
,,'
ci
FE"IC'~\
'-'~ M
"-O~ ...
.
,~,
>-
" ::;
\ ,::
\
\
'" \ r~:
\ ;;
2:
~~
>-
n'
"
[~:
-
(1)01)
1l'4C(P)
-=-
-
Ho. 8il-1:W,
i!~ST. r~a, 14804B)
PLAN OF SURVEY OF
PART OF LOT 30
CONCESSION 1
(GEOGRAPHIC TOWNSHIP OF DARLINGTON)
now In the MUNICIPAUTY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
SPA 2002-002
,.
.
ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2002-
being a By-law to authorize the making of an Agreement with 618709 Ontario
Inc. providing for a transfer in escrow of lands required for a road widening on
Trulls Road described as Part 1 on Reference Plan 40R-21257
WHEREAS the Council of the Corporation of the Municipality of Clarington at its meeting on
July 12, 2002 received and approved Report PSD-079-02
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Ciarington enacts as follows:
1. That the Mayor and Clerk on behalf of the Municipality enter into an agreement with
618709 Ontario Inc. providing for a transfer in escrow of the lands required for a
road widening on Trulls Road described as Part 1 on Reference Plan 40R-21257.
This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this 12th day of July
2002.
BY-LAW read a second time this 12th day of July 2002.
BY-LAW read a third time and finally passed this 12th day of July 2002.
MAYOR
CLERK