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Home My WebLink AboutPD-005-00 . fG:.,>" ."', ... ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee ~ g./., File #C) :If!J{il.7-Ip-/ Res. # alll- ! 1-00 Date: Monday, January 17, 2000 Report #: PD-005-00 File #: PLN 17.11.1 By-law # Subject: MANAGEMENT AGREEMENT AND TRANSFER OF LANDS FOR THE WESTSIDEIBOWMANVILLE MARSH WETLAND COMPLEX FILE NO.: PLN 17.11.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-005-00 be received; 2. THAT Council direct that the transfers of certain lands and easements referred to in the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington, as identified in Section 2 of this report be made from Blue Circle to Central Lake Ontario Conservation Authority; and 3. THAT Central Lake Ontario Conservation Authority and Blue Circle Canada Inc. be advised of Council's decision. 1. BACKGROUND On November 3, 1999, Council endorsed Report ADMIN 47-97 regarding the Principles of Understanding between the Municipality of Clarington and Blue Circle Canada Inc. on the implementation and the recommendations of the Waterfront Regeneration Trust on Westside Marsh. The Principles require the transfer of lands and easements to the Municipality of Clarington or the Municipality can direct the transfers to CLOCA or another body. Council' also approved the preparation of a Management Agreement between the Municipality and CLOCA for the future public lands identified in the Principles of Understanding as the WestsideIBowrnanville Marsh Wetland Complex. The purpose of this report is to: . Describe the details of the Management Agreement for the Westside/Bowrnanville Marsh Wetland Complex, for Council's information only; and 610 '.. . REPORT PO-OOS-OO PAGE 2 . Seek Council's approval for directing transfers of certain lands and easements, from Blue Circle to CLOCA. 2. THE MANAGEMENT AGREEMENT By-law 97-253 authorized the Mayor and Clerk to execute a Management Agreement with Central Lake Ontario Conservation Authority for the Westside/Bowmanville Marsh Wetland Complex. The purpose of the Management Agreement is to define the roles and responsibilities of both the Municipality and CLOCA in managing the Wetland Complex. In agreeing to transfer the lands received from Blue Circle to CLOCA, the Municipality seeks to ensure that CLOCA will manage the wetlands with the other lands in their ownership as a single unit with improved ecological benefits. The main objective of the Management Agreement is to ensure to the extent reasonably possible by both parties that there will be no net loss overall in wildlife habitat and vegetation of the present Westside Marsh and the improvement of the ecological functions of the wetland complex. The highlights of the agreement are noted below: . Term The term of the Agreement will expire on January I, 2015, with an option to extend it for an additional five (5) years, provided both parties agree. . Lands The lands subject to the Agreement include both the lands to be transferred from Blue Circle, CLOCA's existing conservation lands (minus the boat ramp lands) and an unopened road allowance in the Bowrnanville Marsh. . Financial Matters Blue Circle will contribute either $70,000.00 to CLOCA or $94,500.00 to the Central Lake Ontario Conservation Fund (CLOCF, for the preparation of an Environmental Management Plan. The Municipality will contribute $100,000.00 as a Start-up fund to implement the Plan. CLOCA shall also use reasonable efforts to raise necessary funds to implement the Plan. At the end of each year, CLOCA shall provide to the Municipality a proposed annual capital and operating budget and fund-raising strategy to manage the wetland complex. 611 ~<.; , REPORT PD-OOS-oO PAGE 3 . Environmental Management Plan The Terms of Reference for the Environmental Management Plan have been prepared and form an attachment to the Management Agreement. The Study will be coordinated through a Steering Committee jointly chaired by the Municipality and by CLOCA The Environmental Management Plan shall be approved by the Council of the Municipality of Clarington and the Board of Directors for CLOCA. The study process will commence once funds are received by Blue Circle.. . Implementation of Plan The Environmental Management Plan will define the roles and responsibilities of CLOCA, the Municipality, public authorities and the general public in implementing the Plan. . Trails The parties acknowledge the Waterfront Trail, and future connections to other trails, including the Valleys 2000 project are important recreational features. The EMP will examine appropriate locations for trail and if it is determined that the waterfront trail should be relocated, then the parties agree to work tegether to find the appropriate location and connections. . Returns of Lands In the event that CLOCA is disbandoned, the Blue Circle lands will be returned to the Municipality. 3. CONVEYANCE OF LANDS AND EASEMENTS The Principles of Understanding require the transfer of various lands and easements among the parties identified in the agreement. Blue Circle is required to transfer title in fee simple, certain lands in Westside/Bowrnanville Marsh Wetland Complex, to the Municipality or as otherwise directed by the Municipality. These lands identified as the "Reconfigured Westside Marsh", the "Marsh Link Area", "Bowrnanville Marsh" and "Bowrnanville V alley Lands" are identified on Attachment No.1. The Principles of Understanding also provide for the transfer of easements, identified as Easement Areas C, D-l, D-2 related to the Westside Diversion Area and the dyke, and Easement Areas G and H related to the Overflow Channel A. These lands are shown on Attachment No 2. 612 ._. REPORT PD-ooS-oO PAGE 4 Municipal Staff anticipated that the lands within the wetland complex and the easements would be transferred to CLOCA given their role in conservation land management. Now that a management agreement has been finalized, it is recommended that the Municipality formally direct that the transfer go to CLOCA. 4. RECOMMENDATION CLOCA, as conservation land managers, are the logical recipients of the portions of lands that make up the WestsideIBowrnanville Marsh Wetland Complex. The easements in favour of CLOCA are required to ensure that the functions of the diversion channel, overflow channel and dyke are monitored and maintained. Staff recommend that the transfers oflands and easements discussed in Section 2 of this Report be made to Central Lake Ontario Conservation Authority. Respectfully submitted, Reviewed by, ome, M.C.I.P., R.P.P. r of Planning & Development n~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer CRS*BN*DJC*cc January 7, 2000 Attachment No. 1 Attachment No.2 Lands to be Conveyed Transfer of Easements Interested parties to be notified of Council and Committee's decision: Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario LIH 3T3 Blue Circle Canada Inc. 400 Waverly Road South 613 LOT 14 tT 13 ~ LOT 12 f'l o . ~.~ 11 ~ BLUE CIRCLE LANDS l-_ ~1 \ I. \ J \ \ \ ...LeavE _oft- I I ! I Ic:,; I - I OVERFLOW I CHANNEL I I I Lake Ontario LANDS TO BE CONVEYED TO CLOCA FROM MUNICIPAUTY OF ClARlNGTON . LANDS CONVEYED TO CLOCA 1! [3 [l] PROPOSED 2:1 QUARRY SIDE SLOPE & BENCH PROPOSED DIVERSION CHANNEl SIDE SLOPE 2 or 3:1 FROM BLUE CIRCLE ~ LANDS CONVEYED TO ~ CLOCA ON CLOSING . lANDS CONVEYED TO CLOCA IN ESCROW 97-040 614 h ~T 13 I \.~ Jji ) n !I;~ (;0 J U( ~f!a I'~ = , I / ~c~~~ II ../' . ~-- ,_ _'_ U /:.--~-- ----- - - --.->!i"'~ 1:--- ~_ ~~----- -- -WEMENTAREA-. ~ ~~ ~--~ ,I J ~ \\\\ . '"~'::~ )\~I~-\ LOT 14 LOT 12 r "11 ~ . ; , 11 /f 111\ I' / 1#, p jo ~.~u ~ BLUE CIRCLE LANDS r Ontario .. --"" , - , PERPETUAL EASEMENT AREAS l~)"I, " :1 " " " 1'1 ,:1 ,;i ~ [jJ PROPOSED 2: 1 QUARRY SIDE SLOPE &; BENCH PROPOSm DIVERSION CH.6HIIEl.. SIDE SLOPE 2 or 3:1 E:ASalENT AREAS ........ (3 t.4ET'RES WIDE) ~ EASEMENT AREAS ~ (GREATER THAN .:5 I.4E1'RES IN WIDTH) TEMPORARY EASEMENT AREA '\ SJ ~~ ''-''\, ~ E6SDlENT AREA ME" :;' ,- " i' ;,1 SCHEDULE "K" 615