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Home My WebLink AboutWD-38-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: APRIL 6, 1992 °t s. #, —i( Report#:___WD_-_32_-9-2— File#: -D-02,23,009 By-Law By-Law Subject: SANITARY SEWER EASEMENT ON TOWN PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF A SANITARY SEWER TO SERVICE NANTUCKET CONDOMINIUMS, COURTICE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-38-92 be received; 2 . THAT the Town of Newcastle grant an easement to the Regional Municipality of Durham for the purpose of the construction and maintenance of a sanitary sewer, shown as Part 1 of Registered Reference Plan 1OR-3762; 3. THAT the applicant, Halcorp Holdings Limited, pay compensation to the Town of $2,450 for the easement plus all legal and other expenses involved in the transaction; 4 . THAT the by-law attached to Report WD-38-92 be passed, authorizing the Mayor and Clerk to execute the agreement; 5. THAT the Town's Solicitor be directed to take the necessary steps to complete the transaction; 6 . THAT Mr. R. C. Annaert, Project Manager, D. G. Biddle & Associates Limited, be advised of Council's decision; and /2 REPORT NO. : WD-38-92 PAGE 2 7 . THAT the Regional Municipality of Durham be forwarded a copy of Report WD-38-92 with a copy of the approved by-law and that they be advised of Council's decision. ---------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Correspondence dated December 6, 1991, from D. G. Biddle & Associates Limited No. 2 : Key Map No. 3: Copy of Registered Reference Plan 1OR-3762 No. 4: Proposed By-law 2.0 BACKGROUND 2 . 1 In July, 1989, Council approved the sale of a sanitary sewer easement to the Regional Municipality of Durham through the Courtice Community Park. The easement, which was for the construction and maintenance of a sanitary sewer, consisted of 1.49 acres. Based on an appraisal report, the easement was sold to the Regional Municipality of Durham for $70, 000. 2 .2 Halcorp Holdings Limited require an easement from the Town for the purpose of the construction and maintenance of a sanitary sewer from their proposed development, Nantucket Condominiums, to the main sanitary sewer (refer to Attachment No. 2) . 2 . 3 The required easement, Part 1 of Registered Reference Plan IOR-3762, consists of 0 . 021 ha (0. 05189 acres) . The value of the easement, based on the appraised value of $70,000 for the easement sold to the Regional Municipality of Durham in 1989, is $2,438 . i I I . . . /3 < n � REPORT NO. : WD-38-92 PAGE 3 2 .4 Since the value of the easement is only $2,438, it is appropriate to sell the easement using the appraised value of the easement sold to the Regional Municipality of Durham in 1989 . Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. tseff, Director of Public Works Chief Admin s rative Officer WAE:ph March 30, 1992 Attachment pc: Mr. R. C. Annaert Project Manager D. G. Biddle & Associates Limited Consulting Engineers 96 King Street East Oshawa, Ontario L1H 1B6 The Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Attention: B. Roy, Regional Solicitor I i I I �� D. G. Biddle & Associates Limiter! ® consulting engineers 96 KING ST. E., OSHAWA, ONTARIO LiH 1B6 PHONE (416) 576-8500 FAX (416) 576-9730 December 6, 1991. T^' Town of Newcastle Planning Department i DEC 9 L?'9 40 Temperance Street Bowmanville, Ontario L1C 3A6 PEA, Attention: Mrs . H. Brooks Re: Nantucket Condominiums Halcorp Holdings Ltd. File: Dev.90-025 Our File: 88073 Dear Heather: Further to our recent discussion and subsequent to our correspondence of August 2, 1990 (copy attached) , we enclose herewith duplicate deeds prepared by the Region of Durham for execution by the Town. This easement is for the sanitary sewer connection from the condominium proposal to the existing sanitary trunk sewer as shown on Plan 1OR-3762 . It is our understanding that the deeds submitted with our correspondence of August 2, 1990 cannot be located. We trust your prompt attention to the execution of these documents will complete this outstanding matter required by the Region of Durham Servicing Agreement. Please advise our office upon execution so that we can deliver same to the Region of Durham. Thank you for your co-operation in this matter. Yours truly, D.G. BIDDL ASSOCIATES MITED R.C. Annaert Project Manager RCA/bms ATTACHMENT NO. 1 Encl. WD-38-92 C.C. Mr. H. Halminen j Mr. G. Smith Ms . A. Prasad, Region Legal Dept. i NA SH ROAD O r y O CGURTICE HIGH SCHOOL _ • fir.—v ..— ._.\�' � �I b �� FiclsTlw� SMVa�TA r Te K CONDOMINIUMS ssWev: r--As"c,,T.. \\ C-4 w b v � #M Mvl.lj' Foe AV r Ex rET w 4C s y :.t is ,��2i VI C rv�r LA—Ds. �" �w z •x :x NIGH'* `-I L�J q3 CREEK aqa d p , �o a ❑ o '44 OS [Cll lOUM� 4 fN f �� {ELNVKR � C.fl 1b i� O 8 N0•E Si4011[ Si11EF1 N�SN 110..0 Nfi 1M c,KS 3T o UBJECT [DRAWN : J .M. GATE MAR. 1992 SITE ATTACHMENT NO. 2 KEY MAP WD-38-92 METRIC DISTANCES TEDWN ON THIS PLAN ARE IN METRES AND CAN CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE PLAN IO R BE CONVERTED TO FEET BY OmOWG BY 0.3048. MEANING OF THE PLANNING ACT• ��, / SCHEDULE \ PART PgRT Of LOT. CON INST AREA 1 29 2 32733 0.021 n° I REQUIRE THIS PLAN TO BE RECEIVED AND DEPOSITED p4R pgRT DEPOSITED UNDER THE T \ REGISTRY ACT. DATE DATE Q (oN-r;), sr R QQ m -------------- N, NCR T UJ •Co Ca T S /'qRT 2 t w JOHN BURG LAND REGISTRAR TRAR F OF FOR THE REGISTRY PLAN NEWCASTLE (N°10) [O 39'30 e SUe�FCT R-3468 Z rt QQ P4 TG trt RT EASEMENT AS IN INST N' 159804 PLAN OF SURVEY OF 9 a �= PART OF LOT 29 S PLAN ,OR-3468 BOO° CONCESSION 2 slauoe, N ('7 �- a 39.3O.E _ = TOWN OF NEWCASTLE 43<o N5.500 -- f D) E 1�1�J to - 3tt�=Q (formerly TOWN OF DARLINGTON, COUNTY OF DURHAM) REGIONAL MUNICIPALITY OF DURHAM Q w Z n m SCALE 1:300 I i 1 a S q �4z J.D.BARNES LIMITED-1990 PART 6 f PART I 18. PLAN IOR - 2447 s NOTES= AREA r 0.021 Iw ' -i�U BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY -i LIMIT CF.PART 1 AS SHOWN ON PLAN IOR-3359,HAVING BEARING OF INST N' 132733 Q� N 57°4 30E. Q C) •a DENOTES SURVEY MONUMENT FOND w O U 4 DENOTES SURVEY MONUMENT PLANTED SIB DENOTES STANDARD IRON BAR 18 DENOTES IRON BAR (JOE) DENOTES 40.BARNES LIMITED (1106) DENOTES M.D.BROWN.OLS PL) DENOTES RAN IOR-3468 nslosl� sre ha _sletJOe) N 54°47'30 12 E � I+,A 004 SURVEYORS CERTIFICATE I CERTIFY THAT: PART I PLAN 10 R-3359 L THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE O SURVEYS•ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THEREUNDER. \\ PARCEL 2.THE SURVEY WAS CO 22w DAY ON THE 22 DAY OF MAY ,1990. 29-I ' SECTION : CON -2 (DARLINGTON) y c' DATE-_-- -------- -------------- W W.JOHN BURG 00 0 OI AAIO La 3URVt'O 1 x' SURVEYING MAPPING LAND INFORMATION SERVICES Q D OrrcE a 0—M N Y 99 725 BLOOR STREET WEST, ,OSHA)w A j9 ONTARI O LIJ 5Y6 )"3 E5 9492 J•D Q A R NES - DRA\Y�at: CHIC>[0 ET: RC((R(1CC NO.: O u�•rco y.,,t E6-2:-029-01 W THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- being a by-law to authorize the sale of an easement shown as Part 1 of Registered Reference Plan 1OR-3762 for the purpose of constructing and maintaining a sanitary sewer. WHEREAS the Council of The Corporation of The Town of Newcastle has approved the recommendations of Report WD-38-92, including the recommendation that an easement shown as Part 1 of Registered Reference Plan 1OR-3762 for the purposes of the construction and maintenance of a sanitary sewer be sold to Halcorp Holdings Limited and that the easement be transferred to the Regional Municipality of Durham. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. The transfer of an easement by The Corporation of The Town of Newcastle to the Regional Municipality of Durham, its successors and assigns in Part 1 shown on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 1OR-3762 for the purpose of the construction and maintenance of a sanitary sewer together with any and all appurtenances thereto as may from time to time be required to be transferred, to be made for a nominal consideration and to contain terms satisfactory to the Regional Municipality of Durham and the Director of Public Works of The Corporation of the Town of Newcastle, is hereby authorized to be made. 2. The Mayor and Clerk are authorized to execute the transfer of easement referred to in section 1 on behalf of The Corporation of The Town of Newcastle. BY-LAW read a first and second time this 13th day of April, 1992. BY-LAW read a third time and finally passed this 13th day of April, 1992. MAYOR CLERK ATTACHMENT NO. 4 WD-38-92