HomeMy WebLinkAboutEGD-06-04
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REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 9,2004
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By-Iaw#: ,)00""-0<1-3
Report #: EGD-06-04
File#:
Subject:
LONGWORTH ROAD AND BRIDGE LAND TRANSFER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-06-04 be received;
2. THAT the agreements contained in Attachment No. 2 between the Municipality of
Clarington and CLOCA be approved;
3. THAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the
Municipality, to execute the agreement contained in Attachment No.2; and
4. THAT CLOCA be advised of Council's decision.
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Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/LJB/jw
February 4, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
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REPORT NO.: EGD-06-04
PAGE 2
1.0 BACKGROUND
1.1 The construction of the Longworth Road and Bridge Project involves the crossing of the
Bowmanville Creek Valley (see Attachment No.1). This portion of the valley is under
the ownership of the Central Lake Ontario Conservation Authority.
1.2 Staff liaised with CLOCA at the design stage of the project and came to an agreement
for the transfer of certain lands required for the construction of the Longworth Road and
Bridge Project through the Bowmanville Creek Valley.
1.3 The agreement with CLOCA provided that CLOCA would transfer to the Municipality, in
fee simple and at no cost to the Municipality, the lands required for the construction of
our project. In exchange, the Municipality agreed to conditions, which were
contained in the minutes of CLOCA meeting of February 18, 2003.
1.4 The Solicitor has prepared an agreement that contains provisions which are consistent
with the intent of CLOCA's conditions for the transfer of the lands (see Attachment No.
2).
2.0 CONCLUSION
2.1 The transfer of these lands from the CLOCA to the Municipality requires that an
authorizing by-law be passed to authorize the Mayor and Clerk to execute this
agreement.
Attachments:
Attachment No. 1 - Key Map
Attachment NO.2 - Agreement with CLOCA
Attachment NO.3 - Proposed By-Law
Interested parties to be advised of Council's decision:
Don Wright
Central Lake Ontario Conservation Authority
100 Whiting Avenue
Oshawa, ON L 1 H 3T3
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DRAWN BY: E.L. I DATE: February 4, 2004
REPORT EGD-06-04
l ATTACHMENT NO.1
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Lands To Be
Transferred To The
Municipality of
Clarington
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ATTACHMENT NO,: 2
REPORT NO.: EGD-06-04
February 2, 2004
THIS AGREEMENT made as of the _ day of February, 2004.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and-
CENTRAL LAKE ONTARIO CONSERVATION
AUTHORITY
(hereinafter called the "Authority)
OF THE SECOND PART
WHEREAS:
A. At its meeting on February 18,2003 the Authority approved the recommendation contained
in Staff Report #4382-03d regarding the transfer by the Authority to the Municipality for a nominal
consideration of title to those lands necessary to construct Longworth A venue, including the
associated stormwater outfall works through the Bowmanville Valley Conservation Area subject to
certain conditions. These lands are more particularly described as Part 1 on plan of survey of record
40R-22300 deposited in the Land Registry Office for the Land Titles Division of Durharn (No, 40)
("Lands");
C. At its meeting on February ~, 2004, the Council of the Municipality approved the
recommendation contained in Report #EGD-2004-_ and passed By-law No. 2004-_ to
authorized the Mayor and the Municipal Clerk to execute this Agreement on behalf of the
Municipality ,
NOW THEREFORE THIS LEASE WITNESSES in consideration of the premises and the
covenantihereinafter expressed, and the sum of two ($2.00) dollars ofIawful money of Canada now
paid by each Party to the others (the receipt whereofby each Party is hereby acknowledged), the Parties
hereto covenant and agree to and with each other as follows:
1. Erosion Studies and Protection Works
1.1 In 2003, after first consultation with the Authority, the Municipality will initiate at the
Municipality's expense a Stream Erosion Assessment Study of a portion of the Soper Creek
watershed. The purpose of the Stream Erosion Assessment Study is to inventory erosion sites
on the Soper Creek and its banks on which erosion can be accelerated, despite best
management practices, as a result of development due to increased peak run-off, increased
velocities, increased run-off duration, or a combination of any of these factors. This Stream
Erosion Assessment Study is intended to update the findings and recommendations of
"Master Drainage Plan - West Branch of the Soper Creek - Bowmanville" (Proctor +
Redfern -August 1988) and "Stormwater Management Report - Northeast Bowmanville
Detention Pond" (GM Semas + Associates Ltd. - October 1991) as finally approved by the
Municipality's Director of Engineering Services.
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1.2 The Soper Creek Stream Erosion Assessment Study will include specific recommendations
respecting erosion protection works which should be constructed or installed in order to
protect Soper Creek and its banks from the acceleration of erosion referred to in paragraph
1.1.
1.3 After consultation with the Authority, the Municipality at its cost intends to undertake
additional stream erosion assessment studies as soon as is reasonably practicable. These
studies will have purposes which are analogous to the Soper Creek Stream Erosion
Assessment Study referred to in paragraph 1.1. Where appropriate these studies will
recommend the construction or installation of erosion protection works on the streams or on
the banks of the streams in question.
1.4 Without fettering in any way the Council of the Municipality in the exercise of its legislative
discretion, the Parties hereto state their present intention that if a development charge
background study respecting a Development Charge By-law to replace By-law 2000-1 08, as
amended, on the expiry of By-law 2000-108 as provided for in the Development Charges
Act, S.D. 1997, c.27, as amended, is undertaken for the Municipality and recommends
development charges for services be imposed, the Replacement By-law will incorporate an
appropriate component of the development charge respecting erosion protection works as
identified in the Studies referred to in paragraphs 1.1, 1.2 and 1.3. It is understood by the
Parties that the costs of such erosion protection works component of the Replacement by-law
may include costs related to:
. Review and update of current erosion site inventory
. Review and update of hydro logy and hydraulics in the subject reach as they pertain to
erosion thresholds
. Compilation of existing and potential erosion sites
. Preliminary general design and cost estimate of erosion protection
. Engineering
. Construction or installation of erosion protection works
2. Transfer of Title to Lands
2,1 On or before February 27, 2004, the Authority will transfer good and marketable title in fee
simple to the Lands to the Municipality for the consideration of Two ($2,00) Dollars of
lawful money of Canada to be paid by the Municipality to the Authority_
2,2 The Municipality will pay the costs of the Authority which are incuITed by the Authority in
connection with the transfer of the Lands to the Municipality, including, without limitation,
its reasonable legal costs, registration fees and land transfer tax, if any.
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IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered
this Lease as of the date above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Mayor: John Mutton
Per:
Municipal Clerk: Patti L. Barrie
I1We have authority to bind the Corporation.
CENTRAL LAKE ONTARIO
CONSERVATION AUTHORITY
Per:
Name:
Title:
Per:
Name:
Title:
I1We have authority to bind the Corporation.
SCHEDULE "A"
Descriotion of the Lands
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ATTACHMENT NO.: 3
REPORT NO.: EGD-06-04
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and the Central Lake
Ontario Conservation Authority,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington with the Corporation
Seal, an Agreement between the Municipality of Clarington and the Central Lake
Ontario Conservation Authority pertaining to lands necessary to construction
Longworth Avenue, including the associated stormwater outfall works through
the Bowmanville Valley Conservation Area.
By-law read a first and second time this 16th day of February 2004.
By-law read a third time and finally passed this 16th day of February 2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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