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