HomeMy WebLinkAboutWD-25-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #
Date: MARCH 16, 1992
Report#:. _2 File#: _B_A2_.9_._003
By-Law#
Subject: TRANSFER OF SANITARY SEWER EASEMENT TO REGIONAL MUNICIPALITY
OF DURHAM, PART 2 OF PLAN 1OR-3965, BOWMANVILLE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-25-92 be received;
2 . THAT the Town of Newcastle convey sanitary sewer easement
rights for the parcel of land described as Part 2 on Plan 10R-
3965 to the Regional Municipality of Durham;
3. THAT the the by-law attached to Report WD-25-92 be approved,
authorizing the Mayor and Clerk to execute all documents
necessary to complete the transaction; and
4 . THAT Ashna Prasad, Law Clerk for the Regional Municipality of
Durham, be advised of Council's decision.
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REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Correspondence dated November 21, 1991 from Ashna
Prasad, Law Clerk for the Regional Municipality of
Durham
No. 3: Easement By-law for Part 2 on Plan 1OR-3965
2
f on
U I
REPORT NO. : WD-25-91 PAGE 2
2 . 0 BACKGROUND
2 . 1 As part of Ashdale Capital Corporation's subdivision in
Bowmanville, a trunk sanitary sewer was constructed to the
south linking with the existing sanitary sewer in the Penwest
Subdivision (Attachment No. 1) .
2 .2 The Regional Municipality of Durham has acquired an easement
to these lands except for a portion described as Part 2 on
Plan 1OR-3965 . This parcel of land was acquired at no cost
to the Town of Newcastle through the development of the
Schickedanz subdivision to the west in order to form part of
a future road allowance.
2 . 3 Until the future road allowance is legally dedicated as public
highway, a transfer of easement to the Regional Municipality
of Durham is required. The conveyance of this easement will
not have an adverse effect on the use of the land and is
compatible with the proposed future road allowance.
Respectfully submitted, Recommended for presentation
to the Committee,
A14/C/
----------------------- -- ----- -----------------
Walter A. Evans, P.Eng. , Lawrence E Kotseff,
Director of Public Works Chief A istrative Officer
NC*WAE*ph
March 3, 1992
Attachments
pc: Ashna Prasad
Law Clerk
The Regional Municipality of Durham
Legal Department
605 Rossland Road East
P.O. Box 623
Whitby, Ontario
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� ATTACHMENT N0. 1 '
n r—i KEY MAP WD-25-92
X007
ODDDD November 21, 1991 DISTRIBUTION
PAD........ ................
DURHAM ACK. BY:-----------------------------------
The Corporation of the Town of Newcastle, 0RIGIINI AL T0---------------------------
40 Temperance Street, CC)PIES TO: DATE
Bowmanville, Ontario l yraC t�7p�Z
The Regional L1C 3A6 -
Municipality
of Durham CSC
Legal Department Attention: Walter Evans, P.Eng.
Director of Public Works
605 Rossland Road East P.O. Box Box 623 9
Whitby,Ontario Dear Sirs, FILE. _
Canada, L1 N 6A3 __________________________--• . ._
(F
Fax(4116)668-9963 re: Subdivision Agreement between the Region and
BRIAN J. ROY Ashdale Capital Corporation Ltd. - Town of Newcastle
Regional Solicitor Our Ref: AGT-52-90 - Works File 88-N-21
Pursuant to the above Subdivision agreement, the Region
is to acquire an easement for sanitary sewer purposes
over those lands described as Part of Lot 8, Block 2,
C.G. Hanning's Plan, designated as Part 2, Plan 1OR-
3965 . A copy of this reference plan is enclosed for
your assistance.
It is our understanding that this property is now owned
by the Corporation of the Town of Newcastle.
We have prepared and enclose herewith aj transfer of
easement in triplicate, to be executed by the
Corporation of the Town of Newcastle. Would you kindly
arrange to have it executed and returned to us for
registration purposes.
If you have any questions on the foregoing, please do
not hesitate to contact us .
Yours very truly,
Prasad,
aw Clerk
ap
enc
cc: Cliff Curtis, Manager, Development Approvals
ATTACHMENT N0. 2
WD-25-92
004
This paper contains recycled material.
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 land described as
Part 2 on Plan 1OR-3965 for a sanitary sewer
to the Regional Municipality of Durham.
WHEREAS the Council of The Corporation of The Town of Newcastle has
approved the recommendations of Report WD-25-92 including the
recommendation that an easement in a portion of land described as
Part 2 on Plan 1OR-3965 for the purposes of the construction and
maintenance of a sanitary sewer 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 2 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-3965 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 23rd day of March, 1992.
BY-LAW read a third time and finally passed this 23rd day of March,
1992.
MAYOR
CLERK
ATTACHMENT NO. 3
WD-25-92
X005