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HomeMy WebLinkAboutLGL-001-17Legal 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 3, 2017 Report Number: LGL-001-17 Resolution: File Number: L4000-05-12 By-law Number: Report Subject: Assumption of Road Widenings Recommendations: 1.That Report LGL-001-17 be received; and 2.That the By-law attached to Report LGL-001-17 be approved. Municipality of Clarington Report LGL-001-17 Page 2 Report Overview Through development process, various road widenings and/or reserves have been transferred to The Corporation of the Municipality of Clarington and require by-laws to have the lands assumed as public highways. 1. Background 1.1 Through the development 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 assumed 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 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 on an individual basis in time consuming. As a cost saving measure, 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. Municipality of Clarington Report LGL-001-17 Page 3 Submitted by: Reviewed by: Andrew C. Allison, B. Comm, LL.B, Curry Clifford, MPA, CMO Municipal Solicitor Interim 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. Attachment #1 to Report LGL-001-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2017-XX 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, 2017. __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk SCHEDULE “A” to The Corporation of the Municipality of Clarington By-Law Number 2017-XXX Firstly: Pt Lot 16, Concession 2 (Darlington) Parts 1, 2 and 3on 40R-29216 Municipality of Clarington Regional Municipality of Durham Secondly: Rd allowance between Lots 10 & 11 Concession 8, Woodley Road Pt Lot 11, Con 8 (Darlington) as in N31754 Municipality of Clarington Regional Municipality of Durham Thirdly: Pt Lot 3, Block 6, Plan Grant, Bowmanville Pt 3 10R815, Pt Lot 4, Blk 4, Plan Grant Bowmanville, Pt 4 on 10R-815 Municipality of Clarington Regional Municipality of Durham