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HomeMy WebLinkAboutWD-36-00 Addendum 44 .,;. . REPORT #4 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: COUNCIL . --- File# 7~ Res. L-)/:L- -ftJ Date: SEPTEMBER 25, 2000 Report No.: ADDENDUM TO 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 CIRCLE CANADA INC. Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report WD-36-00 be received. REPORT 1.0 BACKGROUND 1.1 On July 10, 2000, Council held a public meeting in respect of the proposed by-laws contained in Report WD-36-00 as required by the Municipal Act. No person made representations to Council respecting any of the by-laws. 1.2 Since the fIrst closing of the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington had not occurred before July 10, 2000, on the Solicitor's advice, Council deferred consideration of Report WD-36-00 until the Solicitor advised that the first closing has occurred. You have now been advised that the fIrst closing has occurred. 1.3 Section 193 of the Municipal Act requires that as a general rule, before surplus land of the Municipality can be sold, an appraisal of the fair market value of the property must be obtained. 1.4 Report WD-36-00 recommends the sale for a nominal consideration of the lands and easements which had been transferred to the Municipality by Blue Circle Canada Inc. in escrow at the first closing, to CLOCA for a nominal consideration. CLOCA has entered into a Management Agreement with the Municipality in respect of these lands and easements as well as an Option Agreement under which the Municipality may reacquire ..~ . .. /' ADDENDUM TO REPORT NO.: WD-36-00 PAGE 2 these lands and acquire other parts of the Bowmanville Marsh from CLOCA if certain events occur. 1.5 Property ValuatorslConsu1ting Inc. were retained to prepare an appraisal of fair market value of the lands and easements which were transferred by Blue Circle to the Municipality in escrow. The appraisal dated June 23, 2000 is available for examination by Council and interested members of the public in the Clerk's office. 1.6 The fair market value of Waverly Road including Closure Areas B and D was previously appraised by Cornwall Property Consultants Limited. A copy of the Cornwall appraisal is also available in the Clerk's office for examination by Council and interested members of the Public. 1.7 Blue Circle's lease of a portion of the haul road to the Municipality as a temporary public highway will terminate automatically when Council passes a by-law to dedicate Cove Road and the Westside Creek Bridge as a public highway. The passing of the road closing by-law is necessary to change the legal characteristic of the land from land having the legal characteristic of a public highway so that it will again become the private property of Blue Circle. 2.0 CONCLUSION 2.1 This report is provided for Council's information in order that Council can comply with section 193 of the Municipal Act. Respectfully submitted, Reviewed by, ~ Stephen A. Vokes, P. Eng., Director of Public Works Or~~ Franklin Wu, Chief Administrative Officer DH*SA V*ce 20/09/00