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HomeMy WebLinkAboutEGD-053-04 , " Cl~mgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 15, 2004 Resolution #: (~lj.J'L-{v~ (1/ Report #: EGD-53-04 File#: By-law #: ,5lu,;c.(-.)L((, Subject: REQUEST FROM VERIDIAN FOR HYDRO EASEMENT VILLAGE OF NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-53-04 be received; 2. THAT Council authorize the Municipality's solicitor to authorize the registration of an easement in favour of Veridian Connections Inc. on Block 69, Part 1, Plan 40R-19269, on the south side of Edward Street East in the former Village of Newcastle; 3. THAT Veridian Connection Inc. are responsible to reimburse the Municipality for the costs incurred by the Municipality to transfer and register the easement; and 4. THAT the attached by-law marked Schedule 'A' authorizing the Mayor and Clerk to execute the necessary document be approved. Respectfully by, S"~C.E.T Director of Engineering Services UJ--o-~--:~j~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo November 2, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 , lu4 Report #EGD-53-04 Page 2 , 1.0 BACKGROUND 1.1 In 1999, the Municipality entered into a subdivision agreement with Clarnew Developments Inc. for the construction of Clarnew Subdivision, Phase 1, in the Village of Newcastle. The approved drawings show a 5 m x 5 m easement in favour of hydro to be located on Block 69, which is the Municipality's stormwater quantity control facility block. See Attachment 1. Apparently, when the plan was registered and Block 69 was transferred to the Municipality, the easement was not granted to Veridian. Our solicitor advises that it is appropriate at this time to grant the easement to accomodate a switchgear which has already been constructed. 2.0 CONCLUSION 2.1 Staff concur that it is appropriate to grant this easement in favour of Veridian Connections Inc. and request that Council authorize the Municipality's solicitor to authorize Veridian to register the easement, at the utility's expense. Attachments Attachment 1 - Key Map Attachment 2 - Proposed By-Law 105 . I I NEWCASTLE VILLAGE SUBDIVISION (18T-88061) I I I-- Block 69 SWM Facility I I I I '\ I ..: C Gl Ul ::l 0 ..c .ll: 0 0 "- ED I I , , \ , \ 5m x 5m Hydro Easement Edward St. I I I I I 11_/ ..: C Ul Gl CI 'tl .;: ED I I I I I I I I '~ I NEWCASTLE lL~~ / / I , , , IV w~~ s " SUBJECT SITE DRAWN BY: E.L. DATE: November 9,2004 ~-,,_;c REPORT EGD-53-04 I KEY MAP ~,I 'I ATTACHMENT NO.1" luG . ATTACHMENT NO.: 2 REPORT NO.: EGD-53-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize the transfer of an easement shown as Part 1 of Registered Reference Plan 40R-19269. for the purpose of constructing and maintaining a switchgear, WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-53-04, including the recommendation that an easement shown as Part 1 of Registered Reference Plan 40R-19269 for the purpose of constructing and maintaining a switchgear be transferred to Veridian Connections Inc. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1, The transfer of an easement by The Corporation of the Municipality of Clarington to Veridian Connections Inc., its successors and assigns in Part 1 shown on a plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R- 19269 for the purpose of constructing and maintaining a switchgear together with any and all appurtenances thereto as may from time to time be required to be transferred, to be made for a nominal consideration and to contain terms satisfactory to the Director of Engineering Services of The Corporation of the Municipality of Clarington. is hereby authorized to be made. 2. The Mayor and Clerk are authorized to execute the transfer of the easement referred to in Section 1 on behalf of the Corporation of the Municipality of Clarington, BY-LAW read a first and second time this 220' day of November. 2004, BY-LAW read a third and finally passed this 22" day of November, 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 7 d'7