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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # J..O 7
Date: FEBRUARY S, 2001 Res. ~jlll-/r1)-o/
Report No.: WD-03-0l Our File: B.02.08.002 By-Law # )..{JOI-OJ. r
Subject:
RELEASE AND ABANDONMENT OF STORM SEWER EASEMENT
PARTS 1 AND 2, PLAN 40R-19291
ST. STEPHEN'S ESTATES SUBDIVISION, PLAN 40M-1977
Recommendations:
It is respectfully recommended that the General Pwpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-03-0l be received;
2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the
Municipality ofClarington, the release and abandonment of an existing storm sewer
easement, identified as Parts 1 and 2, Plan 40R-1929l;
2. THAT the applicant be responsible for all costs associated with the release and
abandonment of the easement, including document preparation and registration costs; and
3. THAT Mr. John Purdue be advised of Council's decision.
REPORT
1.0 ATTACHMENTS
No.1: Key Map
No.2 Authorizing By-law to release easements
2.0 BACKGROUND
2.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
August 31, 1999 with St. Stephen's Estates Inc. to develop lands by plan of subdivision,
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REPORT NO.: WD-03-01
PAGE 2
located in Bowmanville and described as Plan 40M-1977 (Attachment No. I). The
agreement required the developer to construct all roadworks, including hot-mix paving,
sidewalks, curb and gutter, street trees, a storm drainage system and street lights,
hereinafterreferred to as the 'Works'.
2.2 The preliminary lot grading design for Plan 40M-1977 required a rear yard catchbasin
between Blocks 137 and 138. The associated easement (Parts I and 2 on Plan 40R-
19291) was transferred to the Municipality ofClarington through the subdivision
agreement.
2.3 Recently, Official Plan Amendment COP A 2000-002 was approved by the Municipality
allowing the developer to revise the lot configuration for Blocks 137 and 138 to permit
semi-detached dwelling units. This eliminated the need for the rear yard catchbasins.
2.4 Engineering staff have reviewed the revised grading and have approved the design
concept, which requires no catchbasins or easements.
2.5 Since the subdivision agreement makes no specific provision for the release of this
easement, a by-law must be passed by Council, authorizing the release.
3.0 CONCLUSION
3.1 It is recommended that the Mayor and Clerk be authorized to execute, on behalf of the
Municipality of Clarington, a release and abandonment of the easement identified as
Parts 1 and 2 on Plan 40R-I9291.
Respectfully submitted,
Reviewed by,
~'t.kt-/
Stephen :t\. Vokes, P. Eng.,
Director of Public Works
O~-&<k
Franklin Wu,
Chief Administrative Officer
NAC*SA V*ce
653
REPORT NO.: WD-03-01
PAGE 3
Pc: Mr. John Perdue
Legends Consulting
38 Harshaw Avenue
Toronto, ON
M6S I Yl
654
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KEY MAP
COPA 2000-002
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655
ATTACHMENT NO.: 1
REPORT NO.: WD-03-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001-
Being a by-law to authorize the release of easements in favour of
the Corporation of the Municipality of Clarington in Registered
Plan 40M -1977, Part of Lot 8, Concession 2, formerly in the Town
ofBowmanville, geographical Township of Darlington, now in the
Municipality of Clarington, Regional Municipality of Durham.
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the
Municipality of Clarington, a release of easement over Blocks 137 and 138 on Plan 40M-1977,
described as Parts 1 and 2 on Plan 40R-I9291, attached hereto as Schedule "A".
BY-LAW read a first and second time this 12" day of February 2001.
BY-LAW read a third time and finally passed this 12th day of February 2001.
MAYOR
MUNICIPAL CLERK
656
ATTACHMENT NO.: 2
REPORT NO.: WD-03-01