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HomeMy WebLinkAboutLGL-001-19Clarington Legal Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 21, 2019 Report Number: LGL -001-19 Resolution: GG -023-19 File Number: L4000-05-12 By-law Number: 2019-007 Report Subject: Assumption of Road Widenin Recommendations: 1. That Report LGL -001-19 be received; and 2. That the By-law attached to Report LGL -001-19 be approved. Municipality of Clarington Report LGL -001-19 Report Overview Page 2 Through the development approvals process, various road widenings and/or reserves have been transferred to The Corporation of the Municipality of Clarington. By-laws are required to have the lands assumed as public highways. 1. Background 1.1 Though the development approvals process, various road widenings have been transferred to The Corporation of the Municipality of Clarington. When development conditions are met by adjacent land owners, the widenings require by-laws to have them dedicated as public highways for permanent maintenance purposes. 1.2 In some instances, 0.3 metre reserves have been transferred to the Municipality. When development conditions are met by developers, the 0.3 metre reserves require by-laws to have them dedicated as public highways for public use. The reserves will become part of the road widening and will be assumed by the Municipality when the subdivision is complete. 1.3 Preparing the by-laws for these property acquisitions on an individual basis is time consuming. To save on costs of registration, the various lands to be dedicated and assumed for public use have been permitted to accumulate so that they could be combined in the attached by-law. 1.4 It is now appropriate for the Council to pass the attached by-law. 2. Conclusion It is respectfully recommended that Council pass the by-law attached to this report. Following its passage, the Municipal Solicitor will register it in the Land Registry Office. 3. Strategic Plan Application Not applicable. Submitted by: Reviewed by: R bert Macive , LL.B., MBA, CS, Andrew C. Allison, B. Comm, LL.B Mnicipal Solicitor CAO Staff Contact: Joanne Barchard, Law Clerk, 905-623-3379 ext 2014 or jbarchard@clarington.net Attachments: Attachment 1 - By-law to establish certain Lands as Public Highways. There are no interested parties to be notified of Council's decision. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2019 — being a by-law to establish certain lands as public highways WHEREAS the lands set out in the attached Schedule "A" have been conveyed to The Corporation of the Municipality of Clarington for road widening purposes. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The lands shown in Schedule "A" are hereby dedicated and assumed as public highways. 2. This by-law shall come into effect on the date of passage. BY-LAW passed this day of January, 2019. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk SCHEDULE "A" to The Corporation of the Municipality of Clarington By -Law Number 2019 -XXX Firstly: Pt Lot 13, lying N of the CNR Con Broken Front (Darlington) (Bowmanville), Pt 6 on 40R-24250 Municipality of Clarington Regional Municipality of Durham Secondly: Rdal Btn Lots 12 & 13, lying N of CNR Con Broken front (Darlington) (Bowmanville) (Aka Scugog St) Btn Baseline Rd. & the Kings Hwy No. 401, being Part 3 on 40R-24112 Municipality of Clarington Regional Municipality of Durham Thirdly: Firstly: Rdal Btn Lots 32 & 33, Con 2 (Darlington); Pt Lot 33 Con 2 (Darlington), Pt 1 on 40R-15296, Secondly: Pt Lot 32 Con 2 (Darlington Travelled Rd., Pt Lot 33, Con 2, (Darlington) Travelled Rd. Pt 2 on 40R-15231; Pt 1, 40R-15292; Pt 1, 40R-15293, Pt 1, 40R-15294, Pt 1, 40R-15295; being Prestonvale Rd (aka Prestonvale Sideroad aka Prestonville Rd.) btn Claret Rd and Oke Rd. Municipality of Clarington Regional municipality of Durham Fourthly: Part Lot 2, Block 32, Plan Grant Bowmanville Part Lot 3, Block 32, Plan Grant, Bowmanville, Part 3 on 40R-29698 Municipality of Clarington Regional Municipality of Durham Fifthly: Pt Lot 33, Con 3 (Darlington) being Part 1 on 40R-30025; Together with an easement over Parts 4, and 5, 40R-30025 as in DR1704704 Municipality of Clarington Regional Municipality of Durham Sixthly: Pt Lot 8 Con Broken Front (Darlington) (Bowmanville) As in N8383 being a Travelled Rd., Clarington Seventhly: Pt of Lots 15, 16, 17, 20, 21 and 22, and Part of the unnamed Street Plan H50070 (Cubitt Plan) (Darlington), being Parts 3, 4, 15 and 16 on 10R-3962, and Parts 4 and 5 on Plan 40R-28593 Municipality of Clarington Regional Municipality of Durham Eighthly: Part Lot 8, Concession 1 (Darlington) Parts 1 & 2, 40R-30072; s/t N8651 Municipality of Clarington Regional Municipality of Durham Ninthly: Pt Lot 6, Con 1 (Darlington), Pts 3 & 4, 40R-20544 s/t N69216 Municipality of Clarington Regional Municipality of Durham