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Home My WebLink AboutWD-36-00 , I .." REPORT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: File # -70 S-- COUNCIL Date: Res. #C - y;J). - () 0 JULY 10,2000 Report #: WD-#36-00 By-law # Subject: BY-LAWS TO DEDICATE COVE ROAD AS A PUBLIC IDGHWAY AND TO CLOSE, DECLARE SURPLUS, AND AUTHORIZE TRANSFERS OF PORTIONS OF WAVERLY ROAD, CERTAIN RESERVES AND THE TEMPORARY PUBLIC IDGHWAY TO IMPLEMENT THE PRINCIPLES OF UNDERSTANDING WITH BLUE CmCLE CANADA INC. 1.0 RECOMMENDATIONS: 1. THAT Council receive this report. 2. THAT Council approve by-laws (a) to establish, layout, open and dedicate as a public highway Parts 1,2,5,6,7,8,9,10, 11, 12 and 13 on Reference Plan 40R-17895; (b) to stop up and close as a public highway the portion of Waverly Road comprising Parts 8, 9,10, II and 12 on Reference Plan 40R-19843; (c) to declare the lands more particularly described as Parts 2,3,4,5,6,8,9, 10, 11, 12, 15, 16, 17, 18 and 19 on Reference Plan 40R-19843 to be surplus; (d) to authorize the sale and transfer to Blue Circle Canada Inc. of easements in Parts 2, 4,5,9,10,12,15,17 and 18 on Reference Plan40R-19843 as described in the Public Notice contained in Attaclunent No.5, and subject to these easements, to authorize the sale and transfer to Central Lake Ontario Conservation Authority of Parts 2, 3, 4,5,6,8,9,10,11, 12, 15, 16, 17, 18 and 19 on Reference Plan 40R-19843; (e) to stop up and close as a public highway the portion of Waverly Road comprising Parts 1,2 and 3 on Reference Plan 40R-I7775; (t) to stop up and close as a public highway the portion of Waverly Road comprising Parts 12 and 13 on Reference Plan 40R-I7775; , Report No. WD-36-00 Page 2 (g) to declare Parts 1, 2, 3, 4,5,6,7,8,9, 10, II, 12, 13, 14 and 15 on Reference Plan 40R-17775 to be surplus; (Ii) to authorize the sale and transfer to Blue Circle Canada Inc. of Parts 1,2,3,4,5,6, 7,8,9, 10, 11, 12, 13, 14 and 15 on Reference Plan 40R-I7775; (1) to stop up and close as a public highway the temporary public highway comprising parts 7 and 9 on Reference Plan 40R-I7774; G) to declare Part 9 on Reference Plan 40R-17774 to be surplus; and (k) to authorize the release and surrender to Blue Circle Canada Inc. of any interest of the Municipality ofClarington in Part 9 on Reference Plan 40R-17774. REPORT 1.0 ATTACHMENTS Attaclunent No.1 Attaclunent No.2 Map showing lands to be dedicated as a public highway Map showing lands referred to in this report as the "Temporary Public Highway" Map showing lands referred to in this report as Closure Area B Map showing lands referred to in this report as Closure Area D Public Notice of consideration of by-laws respecting Closure Area D Attaclunent No.3 Attaclunent No.4 Attaclunent No.5 2.0 BACKGROUND AND ANALYSIS 2.1 At the meeting on November 3,1997, Council approved the recommendations contained in Report #Adrnin-47-97 and authorized the execution of Principles of Understanding with Blue Circle Canada Inc. ("Blue Circle"). That report discussed in some detail the complex and interrelated components of the Principles of Understanding including land transfers, the acquisition of Cove Road (then a private road) and certain additional land, the reconstruction of Cove Road, the construction of approaches and a bridge over the Westside Creek and dedication of the same as a public highway, financial arrangements with Blue Circle and the making of certain other agreements and arrangements. The Principles of Understanding implemented recommendations of the Waternont Regeneration Trust. 2.2 At the meeting on June 19,2000, Council approved the recommendations contained in Report Solic-#3-00 and authorized the execution of the Fourth Amending Agreement to the Report No. WD-36-00 Page 3 Principles of Understanding. (The Principles of Understanding dated November 3,1997, as amended are referred to in this report as the "Principles".) 2.3 At the meeting on October 6, 1997, Council approved the recommendations contained in Report WD#-64-97 that conditional on Council's approval of an agreement with Blue Circle, staff be authorized to prepare by-laws for Council's approval to stop up and close and authorize the conveyance to Blue Circle of a portion of Waverly Road, and to dedicate a portion ofthe Blue Circle haul road and its extension as a temporary public highway. The Principles of Understanding dated November 3, 1997 satisfied the condition respecting an agreement with Blue Circle. 2.4 At the meeting on November 3, 1997, Council also passed By-law No. 97-249 dealing with the Temporary Public Highway. Parts 7 and 9 on Plan 40R-I7774 and Parts 12 and 13 on Plan 40R-17775 (see Attaclunent No.2) were dedicated as a public highway until a by-law is passed dedicating Cove Road and the connections of it via a bridge over Westside Creek to Cedar Crest Beach Road. The land required for it was part of Blue Circle's haul road and was leased to the Municipality for a term that ends when the Cove Road dedication by-law is passed. 2.5 At the same meeting, Council passed By-law Nos. 97-250, 97-251 and 97-252 to stop up and close as a public highway a portion of Waverly Road described as Closure Area A in the Principles, declare it and associated reserves to be surplus under Section 193 of the Municipal Act, and to authorize the conveyance of the lands comprising Closure Area A and associated reserves, being Parts I, 3 and 5 on Plan 40R-17774 to Blue Circle as provided for in the Principles. The transfer of these lands to Blue Circle will not take place until the "Closing Date" provided for in the Principles. It is expected that the Closing Date will occur before the end of July, 2000. 2.6 As provided for in the Principles, Public Works has given Blue Circle written notice that Cove Road, the Westside Creek Bridge and the approaches to them have been constructed or reconstructed to the satisfaction of the Director of Public Works. As a consequence, subject to Council's consideration of representations made at the public hearing on July 10, 2000, Council now can pass a by-law dedicating Cove Road, the Westside Creek Bridge and the approaches to them being Parts 1,2,5,6,7,8,9, 10, 11, 12 and 13 on Plan 40R-17895 (see Attaclunent No. I) as a public highway and assume them for public use. 2.7 If Council decides to dedicate Cove Road, the Westside Creek Bridge and approaches to them as a public highway, it would be appropriate to pass by-laws to stop up and close the Temporary Public Highway as a public highway on Parts 7 and 9 on Plan 40R-I7774, to declare Part 9 to be surplus and to authorize the release and surrender of any interest of the Municipality in Part 9 on Plan 40R-I7774 (see Attaclunent No.2) to Blue Circle. Report No. WD-36-00 Page 4 2.8 The Principles provide that after the passing of the dedication by-law referred to in paragraph 2.6, Council will consider whether to close and authorize the conveyance to Blue Circle of the portion of Waverly Road described as Closure Area B (see Attaclunent No.3), together with the associated reserves. Public Works has determined that an appropriate area for turning vehicles can be provided entirely within the portion of Waverly Road at the southerly end of the Hydro One Transmission Corridor, without requiring the transfer of an easement from Hydro One Transmission Corridor to the Municipality, to accommodate the turning area for this purpose. 2.9 If the Temporary Public Highway is closed, the Municipality will not require Closure Area B to be retained as a public highway. Accordingly, subject to Council's consideration of representations made at the public hearing on July 10, 2000, Council could pass by-laws to declare them surplus, to stop up and close Parts 1, 2, 3, 12 and 13 on Plan 40R -17775 as a public highway, to declare Parts 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14 and 15 on Plan 40R-17775 surplus and to authorize the transfer of the latter Parts to Blue Circle. 2.10 Prior to the negotiation and the execution of the Principles by the Municipality on November 3, 1997, and the passing ofthe by-laws referred to in paragraph 2.5, Council had obtained an assessment of the fair market value of the portions of Waverly Road and associated reserves abutting Blue Circle's lands. However, as noted above, the Principles contain complex and interrelated provisions dealing with land transfers, the cost of the reconstruction of Cove Road and the cost of construction of the Westside Creek Bridge and approaches as well as other financial burdens assumed by Blue Circle and the Municipality, respectively. 2.11 Attaclunent No.6 to Report #Admin-47-97 is a memorandum from Franklin Wu, then the Director of Planning and Development, to W.H. Stockwell, then the Chief Administrative Officer, in which Mr. Wu recommended that Waverly Road be deemed surplus and be closed and conveyed to Blue Circle in exchange for a portion of the Westside Marsh and other lands on both sides of West Beach Road. Mr. Wu also stated that the land exchange is necessary to implement the recommendation of the Regeneration Trust and is in compliance with the procedure governing the sale of real property as set out in By-law No. 95-22. (The latter by- law was passed under section 193 of the Municipal Act and establishes procedures governing the sale ofreal property.). 2.12 Blue Circle is the owner of the lands abutting Closure Area B and located both to the east and to the west of it. It is recommended that by-laws be passed declaring the lands within Closure Area B to be surplus and notwithstanding section 7 of By-law No. 95-22, to authorize their transfer to Blue Circle as abutting owner for a nominal consideration. Report No. WD-36-00 Page 5 2.13 Closure Area D referred to in the Principles is a portion of Waverly Road located northerly of the intersection of Waverly Road and Watson Drive. It comprises Parts 2, 3, 4,5,6,8,9, 10,11,12,15,16,17, 18 and 190nPlan40R-19843 (see AttaclunentNo. 4). Parts 8, 9, 10, 11 and 12 comprise the portion of Waverly Road within Closure Area D. The other Parts are associated reserves. Blue Circle has consented to the closure of Parts 8, 9,10, II and 12 as a public highway and to the conveyance of these Parts and the associated reserves to CLOCA, provided that certain easements are first transferred to Blue Circle in Parts 2, 4, 5, 9,10, 12, 15, 17 and 18 on Plan 40R-19843. The easements proposed to be transferred to Blue Circle are described in the Public Notice (see Attaclunent No.5). The easements are required to allow Blue Circle to construct and maintain a portion of an acoustic berm on certain land, the overflow channel from the Westside Marsh on the land and to access lands to the east and west on Closure Area D on which certain works will be constructed and maintained by Blue Circle to implement the Principles and other agreements. The lands to be transferred to CLOCA will be managed by CLOCA with the Reconfigured Westside Marsh and other areas as part of the Bowmanville/Westside Marsh Complex pursuant to a Management Agreement with the Municipality which is contemplated by the Principles. 2.14 The portion of Waverly Road within Closure Area D is not required as a public highway. Subject to Council's consideration of representations made at the public hearing on July 10, 2000, it is recommended that a by-law be passed to stop up and close as a public highway Parts 8, 9,10,11 and 12 on Plan 40R-19843. It is also recommended that notwithstanding section 7 of By-law No. 95-22, Parts 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 15, 16, 17, 18 and 19 be declared surplus. It is further recommended that a by-law be passed authorizing the transfer to Blue Circle for a nominal consideration of easements in Parts 2, 4,5,9, 10, 12, 15, 17 and 18 on Plan 40R-19843 as described in the Public Notice contained in AttaclunentNo. 5 and subject to these easements, Parts 2, 3,4,5,6, 8,9, 10, 11, 12, 15, 16, 17, 18 and 19 on Plan 40R-19843 be transferred to CLOCA for a nominal consideration. 3.0 RECOMMENDATION 3.1 The by-laws and transfers of lands referred to in this report will complete the land transactions provided for in the Principles of Understanding with Blue Circle in accordance with the intent of the Principles and are recommended for approval for that reason. Respectfully submitted, Reviewed by, ~.v~ Stephen A. Vokes, P .Eng. Director of Public Works SA V /wc July 6, 2000 cJ ~~C0-~ Franklin Wu Chief Administrative Officer i';: ;:.-:. -- - -.. \ ... ~'C l' i _~~ 'C - I ~f1I!I!~,.. ,\\ I I" r.-' __.__.':.10 -I ~.=----:.. ~ - I --r----~p:. 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'IS m_, 10 be bekliIllbe ColIIIC1i ~..lbe MlIIUCII>Ol_veC_ 40 T ) -S.....-....vtU..OII1ano.oaMooday.JulylO.looo..H)Qp...._IO' ta) p...by....1D_lbe__.--..nv_uhnll.J.4, S. 6. 8. 9. IO.Il.11.IS.I6.17.18aol1I9-....Map.lsot..._lObe___ oflbe MlIlIICi!IOIi1Y(Pans 8. 9,10.11. mil 12 ~ a_oflbo Woverty RoC alIowmco. Pwml.J".S,6.IS.16.17.1801lll19~-'__" not port ofWoverty Rood~ . tb) _ a by-law 10..... lip aolI cIoao. _ of !be Waverly Road aIlow8a _ ia tbc IIIllI_porlIaIlarIydoacnbal..P....8.9.10.1l....12...Map.I: te) _aby-lawlO_lbo___of, Ii) a,,",-,_ __ill tbc --.--..nv-" Pwm S. 9 _11_...Map.I1D8_C....~loo:. forlbo_ot .L. 1. . aad ~ a panaaofaGftldDw ~ ....... pmaiIIiaa BbIe Circ. CmIda!Dc.. ill ofIIcm.1IIIpl.l., ~ ~.. apIIIIlDllli~ peQeIIn& ""'1 -,1M ad..... wiaic1c KlCeD IOPwmS.911ll111 for lDyoflbepuqll>IO&sot... Illtho_ tll) a__lD__~_up.,.1.12_IS .... oa ..,., to Sa.. Circ:M: Cauda 1Dc. for.. purpaID of S. 0IIIRIIDI0-- JIIId~__lDlCOIIIIICbcnt_, IBt. C... Cauda i8c.., ia os... , ~_ .. ..-..--. ~_ r ..a_"dDc1caccc::lllDhrtl2.12...."_lIIYoftbe ~ _ GUlIll die e:aaDa1I: (iii) .__lD__~_u_4,IO_11 ...... ~'1 to 8JD.CildaC-* IDI:. fDt_...... oi_....- ,.. 2J .... 24 IbowB oa Map .1111d dx: laadIldjomiq: PIn" 011"-' to 1M Eaaaadi 'PCIIIUUIDI Slue Circ:1e CaDaGa me.. 1&1 otficc:n. ~I~}... __~... ..-_ liecasea. ~ equIlIIDCDllIIt DIIKClC' Ydlicle ~ OWl' r.n.... 10 _17 forayoftbepurpoe. setout 1D tbeeucmcat; (iv) subjea 10 the aioreIuci -n, wbicb: Ire to be u-fared. to Blue Ci.r1:1c CIDadaIDc_lhe _ mil _or to Cemral LaU ammo CO_....... ~ oflbl: mtel'ell in fee ,...,1. in the laDds more plftlCUilriy ~ II Partll, 3. ',S,6.1.9. 10. 11. 12. IS. 16. 17. 1801lll19shoW1looM",.1. .~ FURniER. TAKE NOTICE THAT befcn "UllDg these by-laws.. ColDlCilor a Commiaee of CaUDell Jb&U ... Ul penon or by his COUDICt.. solicitor or apm. any pcnoIl wbo cl.uml tbM: hilland WIll be prejudicially aiTccted by these By.lawl or etcher of them aDd wbo applies to be .can!. Paai L. Barn.. CIeri< MuaicipaBiy of CWiDgIOD .l()T~StRct BowmanVllle. Omano LIC JM Publicalloo dale" IIl11lll.. 21. 28l1ll1luly S. 2000. ATIM'lf'-IE~NO.: :