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HomeMy WebLinkAboutWD-31-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#t?L fy tv"I Date: MARCH 16, 1992 Res. #(' By-Law Report#:__WD_-_31_-_9_2_ File#: . 16 . 002 Subject: EASEMENT FOR THE CONSTRUCTION OF A WATERMAIN TO SERVICE THE ASPEN SPRINGS SUBDIVISION (18T-88046) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-31-92 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 watermain, shown as Part 1 of Registered Reference Plan 40R-13899; 3. THAT the applicant, The Kaitlin Group Ltd. , pay compensation to the Town of $1,200 for the easement and all legal and other expenses involved in the transaction; 4 . THAT the by-law attached to Report WD-31-92 be approved, 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. Kelvin Whalen, Director of Development, The Kaitlin Group Ltd. , be advised of Council's decision; and /2 0 ") , LC REPORT NO. WD-31-92 PAGE 2 7 . THAT The Regional Municipality of Durham be forwarded a copy of Report WD-31-92 and a copy of the approved By-law and that they be advised of Council's decision. -------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Plan showing the Aspen Springs Subdivision No. 2 : Part copy of Registered Reference Plan 40R-13899 No. 3: Plan showing the location of the required watermain No. 4 : By-law 2.0 BACKGROUND 2 . 1 The servicing of the Aspen Springs Subdivision required the construction of a watermain as illustrated on Attachment No. 3 . In order to connect to an existing watermain, the developer, The Kaitlin Group Ltd. , requires an easement from the Town of Newcastle on Town-owned land which is part of Old Highway No. 2 . Since the easement is for the purpose of the construction and maintenance of a watermain, the easement must be in the name of the Regional Municipality of Durham. 3.0 REVIEW AND COMMENT 3 . 1 Verbal permission has been given to the developer to enter on to the property to make the connection. This approval was given on the understanding that the applicant, The Kaitlin Group Ltd. , will pay fair market value for the easement and all costs associated with the transfer of the easement to the Region of Durham and registration on title. 3 .2 The area of the easement is 969 square feet and is located on a part of Old Highway 2, which has been closed. Because of the location, the market value of the land would not be very large. For this reason, an appraisal for market value was not obtained because the cost of an appraiser would likely be more than the market value of the easement. i REPORT NO. : WD-31-92 PAGE 3 The value of an easement is usually calculated as 50% of the market value of the land. If the market value of this land is assumed to be $100,000, the value of the easement would be about $1,200 . 4.0 RECOMMENDATION 4 . 1 It is therefore recommended that the easement, shown as Part 1 on Registered Reference Plan 40R-13899 be transferred to the Regional Municipality of Durham and that the applicant, The Kaitlin Group Ltd. , pay compensation to the Town of $1,200 for the easement and all legal and other expenses involved in the transaction. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence Kotseff, Director of Public Works Chief A ',nistrative Officer WAE:ph February 26, 1992 ATTACHMENTS pc: Mr. Kelvin Whalen, P.Eng. Director of Development The Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Attention: B. Roy, Regional Solicitor 4 00 i Lo �� GP o Of c A SPRINGS W VISION > H TW L MEADOWS Q AVE. U c�z CHAND E �0 Mm > COURT ESTO N AY -o -o G DRIVE M 0A 0 ' z o Q 0 I � HICHYIAY O a N SU EC E C EN C d WW lAWll NCC GATU CE c MEADOWS L.mTw Lt. E NO C SONN�� YN O n� DR. WAY AVE. � " � DRAWN : J .M. [DATE : FEB. 1992 PE 'fq 9�C 90 } ATTACHMENT NO. 1 WD-31-92 �l KEY MAP ; QJ1 pgRT 2 �P\��Py p \a G F c lOR, eCb�w o��H QG�� �P O L♦ `C! c to \GPI \as e a B�zsue✓ecT T pgRT O\ O 4g p �� Per ,a.\ •' '�fO Rio 2D�2'< 13- ol 6\Q ny pA0 � \56 N 3 3 r�f ,�20 Q ps a0 SO F CN n $ o Z QpFt EP� Q ° �\ PL 40P-/3899 t\ ts mo - W mM W 3 LOT 14 W == M a z • O w Q W ° o CONCESSION I HIGHWAY 2 SITE lvt J J Q z C"GCCN lAwl1(NC[ 4 CC uCAOOrt L�w�ll AVC. � DRAWN J .M. OATS : FEB. 1992 (IONN��f ATTACHMENT N0. 2 KEY MAP WD-31-92 M i 750mm0 STEEL CASING!LINER TO BE INSTALLED BY BORING 8 JACKING BENEATH TRACKS SEE DETAIL THIS DWG.), INSTALL 14.5kg MAGNESIUM ANODE F(- 'N OF LINER(3-TOTAL) PLUS 2 C BENDS ` \ PROP. CU. '' 300X300mm e PROP. 30, m TEE do SLEEK GATE VAL Op mmA PROP.300mm •P GATE VALVE '.Q 9 O H.P 9 •Orn -)3 H.P HY i Z 5°8 NO 4.P BELL - BOX --- _ -STANDARD CURB GUI D VE ONE SECTION PER N-501=� vi GUARD RAIL DERAIL B REPLA - WITH 'gER OF �— U I/2 SEC710N � EXISi CONC_.S/W REMOVE P E OF GUIOERAiLSECTK)'j -- _ H P _ PYAAAP_E GUARD w RAL ' ------ SEX FENCE LOCATION TORE FIELD L -- L CHECKED AND H.P LOCATION 0 H.P 1 � 1 I ADJUSTED AS REQUIRED SIDEWALK-_--''�'' "'-- FPROP. 3.0m 0.75m REGIONAL RWIDENING No . 5 ( HIGHWAY M 2 �JJ_ vv S6lBJECT SITE C E1EEN _ a co LAW"ENCE and CE HCAOOWlf L�IwfLL AVE. DRAWN : J .M. DATE : FEB. 1992 Q o p N no j jA AVE. n I4. ATTACHMENT NO. 3 WD-31-92 KEY MAP 03 5 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- being a by-law to authorize the transfer of an easement in a portion of Old Highway No. 2 for a watermain to the Regional Municipality of Durham. WHEREAS the Council of The Corporation of The Town of Newcastle has approved the recommendations of Report WD-31-92 including the recommendation that an easement in a portion of Old Highway No. 2 for the purposes of the construction and maintenance of a watermain be transferred to the Regional Municipality of Durham to service the lands within Registered Plan of Subdivision 40M-1686 which are known as Aspen Springs Subdivision. 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 40R-13899 for the purpose of the construction and maintenance of a watermain 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 23rd day of March, 1992. BY-LAW read a third time and finally passed this 23rd day of March, 1992. MAYOR CLERK ATTACHMENT NO. 4 WD-31-92 0 . 4 � THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#CIS 440 Date: MARCH 16, 1992 Res.#GPIg- 0-152- 9�R By-Law# Report#: WD-31-92 File#: B-01, 16002 Subject: EASEMENT FOR THE CONSTRUCTION OF A WATERMAIN TO SERVICE THE ASPEN SPRINGS SUBDIVISION (18T-88046) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-31-92 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 watermain, shown as Part 1 of Registered Reference Plan 40R-13899; 3. THAT the applicant, The Kaitlin Group Ltd. , pay compensation to the Town of $1,200 for the easement and all legal and other A, expenses involved in the transaction; 4. THAT the by-law attached to Report WD-31-92 be approved, 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. Kelvin Whalen, Director of Development, The Kaitlin..., . Group Ltd. , be advised of Council's decision; and . . ./2 102 RECYCLED PAPER ®nicro.E REPORT NO. WD-31-92 PAGE 2 7 . THAT The Regional Municipality of Durham be forwarded a copy of Report WD-31-92 and a copy of the approved By-law and that they be advised of Council's decision. -------7-------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Plan showing the Aspen Springs Subdivision No. 2: Part copy of Registered Reference Plan 40R-13899 No. 3: Plan showing the location of the required watermain No. 4: By-law 2.0 BACKGROUND 2 . 1 The servicing of the Aspen Springs Subdivision required the construction of a watermain as illustrated on Attachment No. 3. In order to connect to an existing watermain, the developer, The Kaitlin Group Ltd. , requires an easement from the Town of Newcastle on Town-owned land which is part of Old Highway No. 2 . Since the easement is for the purpose of the construction and maintenance of a watermain, the easement must be in the name of the Regional Municipality of Durham. 3.0 REVIEW AND COMMENT 3. 1 Verbal permission has been given to the developer to enter on to the property to make the connection. This approval was given on the understanding that the applicant, The Kaitlin Group Ltd. , will pay fair market value for the easement and all costs associated with the transfer of the easement to the Region of Durham and registration on title. i 3.2 The area of the easement is 969 square feet and is located on a part of Old. Highway 2, which has been closed. Because of the location, the market value of the land would not be very large. For this reason, an appraisal for market value was not obtained because the cost of an appraiser would likely be more than the market value of the easement. i 0 2 REPORT NO. : WD-31-92 PAGE 3 The value of an easement is usually calculated as 50% of the market value of the land. If the market value of this land is assumed to be $100,000, the value of the easement would be about $1,200. 4.0 RECOMMENDATION 4. 1 It is therefore recommended that the easement, shown as Part 1 on Registered Reference Plan 40R-13899 be transferred to the Regional Municipality of Durham and that the applicant, The Kaitlin Group Ltd. , pay compensation to the Town of $1,200 for the easement and all legal and other expenses involved in the transaction. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence Kotseff, Director of Public Works Chief A istrative Officer WAE:ph February 26, 1992 ATTACHMENTS .pc: Mr. Kelvin Whalen, P.Eng. Director of Development The Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Attention: B. Roy, Regional Solicitor I X030 GP � r A SPRINGS w VISION > H TW MEADOWS i—'- � AVE. Q U c�z CHAND E Xo mm COURT ESTON AY rG DRIVE M 0 m 0 • z Q 0 i i HIGHWAY 06 I ae S 4 i • a o' Kam• SU EC ` 4 E C EN COLE. 1AW11 NCE A CE N[AOOWf IKAATWf L, [• CAEf. „ N CI ('fo�NN�y� .y , \ WAY AVE. DRAWN J .M.j DATE: FEB. 1992 Fc <s a 90 ATTACHMENT N0. 1 l n J, WD-31-92 KEY MAP 031 y pqR� 2 PP\��P to PNP Ng•(• �1 fie✓ Ar- c 44 A,ero?J. Fir Q r 0 r 4s z "°� A�6 �'P �5<• Qroel FR 3^ �' d eQi"' qe Pg d0 o o QP�� BPS 1— CN n Z E / ��Pao PL 40 R—/3899 ^ 12 Ed 3 W^ LOT 14 w P: M ' m N �Z N J Z ' O_ ° a CONCESSION I 0 ' J J Q z • Hia HWAY If' 2 4 i SITE ta�V`A ®� OWEN c� . f IAWA[NC A uCA00Wt L,W(Ll AVC. I c.ci Q / DRAWN J .M. GATE : FEB. 1992 AVE.to ATTACHMENT N0. 2 04. KEY MAP WD-31-92 07 750MMO STEEL CASING(LINER TO BE INSTALLED BY BORING 9 JACKING BENEATH TRACKS t SEE DETAIL THIS DWG.), INSTALL 14.5kg MAGNESIUM ANODE Ffl^ `4 OF LINER(3-TOTAL) PLUS 2 CD BENDS ` \ PROP. CU. '' 300x300mm ' e PROP. 301 m TEE k SLEE% GATE VAL �M 0.� 10(0010 F 61 pe f PROP.300(0 .P 6�• � PR J°o GATE VALVE 2AR` 3Jy Om H.P H 4B �Z 5.8 NO 4.P E BELL Box STANDARD CURB GUIDE ONE SEC71pN _ PER N-501 GUARD RAIL RAIL 8 7 LA ^ I I WITH TAPER OF I/2 SEC;ION _EXIST CONC._S/W REMOVE ONE SECTq'1'E P _ OF GUIDERAIL — o H.P PARAP GUAROr RAL ' ......— —EX FENCE CHECK D AND H.FELOCATION H.P -L' `.' 1J—_L_�•�� ADJUSTED AS REQUIRED ,Sm CO_NC. SIDEWALK"'"" PROP. 3.Om ' 035m WIDENING REGIONAL ROAD No . 57 HIGHWAY N• 2 c v s�.a�ECr .� SITE OCatt�a A O ©� CO N G Y , GF LAWAINct CC NCAOOWi LKAAT I.I.PVC. I � �NC><. ' Q DRAWN : J DATE : FEB. 1992 ( CONN W N 1 n DR. �ky AVE. �^ ATTACHMENT N0. 3 WD-31-92 KEY MAP J r ) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- being a by-law to authorize the transfer of an easement in a .portion of Old Highway No. 2 for a watermain to the Regional Municipality of Durham. WHEREAS the Council of The Corporation of The Town of Newcastle has approved the recommendations of Report WD-31-92 including the recommendation that an easement in a portion of Old Highway No. 2 for the purposes of the construction and maintenance of a watermain be transferred to the Regional Municipality of Durham to service the lands within Registered Plan of Subdivision 40M-1686 which are known as Aspen Springs Subdivision. 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 40R-13899 for the purpose of the construction and maintenance of a watermain 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 23rd day of March, 1992. BY-LAW read a third time and finally passed this 23rd day of March, 1992. MAYOR I CLERK ATTACHMENT NO. 4 WD-31-92 0 7 Z�