HomeMy WebLinkAboutTM-67-79 TM-67-79
TO: Chairman and Members of the Public Works Committee
FROM: J. Dunham, Director of Public Works,
A. C. Guiler, Town Manager
DATE: June 6th, 1979
SUBJECT: Courtice Heights Storm Sewer Easements
As instructed we have met with all the affected property owners with the
exception of Mr. & Mrs. Barnard for both the North and South subdivisions.
(See letter attached from Mr.' & Mrs. Barnard)
During our discussions we found that the ratepayers had been advised
that the Town was arbitrarily taking expropriation procedures without
any further discussion with them. We explained to the ratepayers
that Council in 1978 instructed staff to initiate expropriation procedures,
however, nothing was done until a report was submitted in April of 1979
recommending that staff meet with affected owners to possibly negotiate
the purchase of the necessary easements.
As a result of our meetings with the property owners who could be affected
by the outlets for the North Subdivision, with the exception of the Bernards,
who we will meet with on June 1979. The Owners have agreed to allow us to
enter their properties to do the necessary engineering to establish alternative
outlets. Once the location of a suitable outlet is established the owners agreed
to allow the municipality to have the Region appraise the lands and submit
it to the affected owners for their consideration. Totten, Sims, Hubicki is
reviewing the proposed outlets and will submit a report by the next meeting of
Committee.
As a result of our meetings with property owners affected by the South Subdivision
we are attaching minutes of the meeting with Dr. King.
Mr. Hanaka advised that he was willing to grant the necessary easements but
would prefer to have Clipperton do the appraisals instead of the Region. Mr.
Hanaka made a fair request and we agreed to allow Clipperton to do the
appraisals when necessary.
With regard to the Balson Estate, representatives of the Balson Estate agreed
that we could enter their lands to have appraisals made, but were not in a
position to discuss price until mid-July when other Executors returned from
vacation.
For the purpose of Sandringham Drive, we met with Mr. Castellan, at which time
we were advised that he was not interested in selling the 66 foot road allowance
but would be interested in selling his total holdings.
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Committee had expressed concern that the developer had not used his best
efforts to obtain the necessary external easements for storm sewers, and
from our discussions we would agree that the efforts used left something
to be desired, but we would draw to the Committee's attention the attached
agreement with the Minister of Housing and in particular, Section 2 of the
said agreement.
Recommendation:
1. That we proceed with the necessary engineering for the
North Subdivision and once the outfall location is established
we have the necessary appraisals carried out and meet further
with the affected landowners.
2. Until staff further reviews the plans and meets with appropriate
authorities to establish the location and method of outfall
no further action be taken for the South Development
including the Sandringham Drive alignment.
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THIS AGREEI'ENT made this �`i'`t day of
one thousand nine hundred and seventy-seven
B E T W E E N:
HER MAJESTY ` 11E QUFF,',N IN TILE RIGHT OF i
i ONTARIO AS REPR-ESENTED BY THE MINISTER
OF HOUSING OF THE PROVINCE OF ONTARIO
hereinafter called "the Minister"
OF THE FIRST PART
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THE CORPOPdATION OF THE TOoM OF NEWCASTLE
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hereinafter called "the Town"
OI' THE SECOND PART
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VIIIETIIE'AS: The Minister in the discharge of his public duties
! is desirous of stimulating and expediting residential develop-
ment in areas of need within Ontario, having particular regard
to the housing requirements of low and moderate income families; '! �
AND WHEREAS : The Town has an interest in common with the
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Minister in the area within its jurisdiction.;
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? ND WHEREAS : The Minister has entered or will enter into an i
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j Agreement with various developers who hold land (hereinafter
called "the Developer" ) concerning the development of certain li
land in Drainage Area f 1 and 2 of the Town which land is more II
particularly described in Schedule A attached hereto (Herein-
after called the "Land" ) ; �I
AND WHEREAS : The Minister, and the Town have agreed that it
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is in the public interest that the Land be developed as j
expeditiously as possible to reduce the cost of residential �j
units to the public and they are prepared to take certain steps
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in their r.c }�ecti_ve juri scliet.ions to c";;pudi-to approvals ,
registrations, and issuance of building permits to provide for
such ret;� �l! i,f i�zl. drvc l ��}�n�� nt <1110 tlic�y 11,-1vc' entered into this �
Agrc c rue z1C to acccgt1pJ:i sJ1 thc1 object ives aforementioned.
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NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration
of the mutual covenants hereinafter contained the Parties
hereto covenant and agree each with the other as follows :
I 1. The Minister shall provide the Town with an interest-
free loan in the amount set out in Schedule B designated
as "total amount of loan from the Minister" to assist
in payment of the project described in the said Schedule B
upon the following conditions :
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(1) The Minister shall advance only such parts of
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� the moneys on the loan from time to time as
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have been approved by order of the Ontario i
II Municipal Board for the said projects pursuant i
to the Ontario Municipal Board Act.
(2) Payment of the moneys in respect of any contract
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to carry out the projects described in Schedule B
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shall he made to the Town when evidence satisfactory i
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I to the Minister of the awarding of such construction
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contract-, hits he(,n rec--eived by the Minister.
(3) The Minister may consider a request from the Town
�I for an ad j u„ Lnon L in the amour L of the loan to
reflect more closely the cost of construction. �I
�j (4) The loan or any part shall be repaid to the Minister
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in full on the fifth anniversary of the date on
which the moneys were paid and if the loan is ad-
vanced in more than one payment each of such pay-
ments shall he repayable in full on the fifth
anniversary from the date of such advance.
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I, (S) If residential growth in the area serviced by the I)
project described in Schedule B does not result I�
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in the area being fully developed before the loan �!
is to be repaid the Minister_ will upon application
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by the 'i'cnni �_ccon_. i_�1cr the oh 1 i y,i t:ioI on L T own
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and may, subject to any approval .required by
�{ the Ontario Municipal Board, make such adjustments
�I from time to time in the terms of repayment of the
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loan or any part thereof as he may deem just and
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�i equitable.
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2. (1) The Town shall cause the project described in !
Schedule B to be designed and constructed with
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sufficient capacity Lo service the Land in �
accordance with good engineering practice.
ii (2) The Town shall cause construction of the project
�, I) described in Schedule B to be completed, as far
I as may be practica?ale, in sufficient time to
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permit the Developer_ to fulfill its obligations
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under the Developer ' s agreement and to continue
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in appropriate stages , until completion.
I; (3) The 'Town shall provide the Minister with evidence
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of Ontario Municipal Board approval of the project II
described in Schedule B and of approval to borrow
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"Pay t aIII( In l ,;c t ou C i.n �;Chcdtll.e D. �
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(4) The Town shall in consultation and concert with
such other authorities as may be deemed necessary
and appropriate, endeavour to expedite the granting !! ,
Of all planning approvals and the passing of any by- ,
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laws , and generally do everything within its juris-
dictions to enable the Developer to fulfill its i
obligations under the Developer' s agreement and to
proceed with the development of the Land. li
3. The parties will in good faith and in the public interest i!
co-operate with each other with a view to the expeditious !�
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achievement of the objects hereinbefore set forth and in
the ev(`n I. or any d i�;pu E(' its to the o1. ap >_
IIIezininC,� t i 11Ccat1011 '
of any provisions; of this A regiment each will promptly
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Ili(, OL her,,; 1 (> rc,,;oly(, such
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4 . The recitals hereinbefore set out shall form an integral
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part of this Agreement and the Schedules mentioned in 1
i this Agreement and attached hereto shall form part of
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this Agreement and have the same force and effect as j
�Iif contained in thn body of this Agreement.
5 . Time shall be of the essence of this Agreement.
IN WITNESS WIEREOF the Corporate party has signed this
document under seal and the Minister has signed pursuant, to
his authorization by Order-in-Council.
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ISTLR OF
HOMING"
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THE CORPORATION OF THE TOWN OF NEW-
CASTLE
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SUIEDULE 'A-'
DR,!d,IAGE AREA
Town of Newcas-le
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Drainage Area 411 O'Atl-all. to Uarnwell Creck from
Pres toil wtLe Road
91 , 200
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5 ()00
30 , `)00
Retention Pond 25 , 000
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"I - $ 152) , 100
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1071- 1-:]-1(*linecrInc] -in(!
Contin(Jencies $ 30 , 420
To L ii I Cc)n:i L r ttc nii $ 182 , 520
J'and $ 56 000
Surveyin(j and Lcqal 23 , 850
Total Pro4ect COSL
;262 , 370
#2 ouLflall to Black Creek from Nash Road
Storm ')ev"Cr $ 44 , 900
Ilead Wall $ 2 ,000
Erosion Protection $ 5 , 000
Sub- total $ 51,950
10 Enginccring and 10-
Coll til"(jenc-ics
$ 1-0 , 390
Total Construction $ 62 , 340
Land AcquisiLiol-I $ 7, 500
Survc,,:inq 6) , `3n0
Total Project CoSL $ 76 , q 3)0
Total Gross C,OsL- of Pr(Dj(_,r-ts for
Drainacjc Y�rcas ill and t2 $ 339 , 200
CMIIC Grant Estimate 56 , 500
TOt,11 Amount Of Loan from Llic-
Minister
$282 , 70()
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