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Report
To:
Development Services Committee
From:
Commissioner, Development
Services Department
Subject:
1.0
Item:
Date of Report:
DS-08-09
January 9, 2008
File:
Date of Meeting:
D4660-0029-2007
January 14, 2008
Request by Region of Durham for Conveyance of Part of the Ward(s): 1
Muskoka Avenue Road Allowance and Grant of an Easement
for Watermain for the Oshawa Water Supply Plant
PUBLIC REPORT
PURPOSE
The purpose of this report is to recommend that the City:
1. Convey to the Region of Durham (Region) that part of the Muskoka Avenue Road
Allowance within the existing fenced portion of the Oshawa Water Supply Plant (WSP).
2. Grant an easement over Lakewoods Park in favour of the Region for an existing
watermain and for a future water pipe service for a fire hydrant.
Exhibit No. 1 to this report illustrates the location of the proposed conveyance and
easement.
Exhibit No. 2 to this report illustrates the proposed upgrades to the WSP facility.
Exhibit No. 3 to this report is a copy of Plan 40R-25106.
Attachment No. 1 to this report is a letter from the Region requesting the conveyance and
easement.
Attachment No. 2 to this report is a letter from the Region confirming that it is prepared to
consider leasing arrangements for the use of portions of the WSP property to the City.
2.0
RECOMMENDATION
That the Development Services Committee recommend to City Council:
1. That, pursuant to Report DS-08-09 dated January 9, 2008, the portion of the Muskoka
Avenue Road Allowance, described as Part 3 on Reference Plan 40R-25106 be
declared potentially surplus to municipal requirements.
2. That staff be directed to advertise the stopping up, closure and disposition of the
above-noted parcel in accordance with the provisions of the Municipal Act.
3. That, in the event no negative comments are received as a result of the advertisement,
staff be directed to prepare a By-Law for Council’s consideration which would:
98011-0612
Report to the Development
Services Committee (Continued)
-2-
Item: DS-08-09
Meeting Date: January 14, 2008
(a) Declare that portion of Muskoka Avenue road allowance surplus;
(b) Stop-up and close this portion of the Muskoka Avenue road allowance; and
(c) Authorize the sale of the property to the Region for the amount of $500 being the
estimated cost of the advertisement.
4. That the City grant the Region an easement over a portion of Lakewoods Park,
described as Parts 1 & 2 on Reference Plan 40R-25106, for an existing watermain and
a future water pipe service for a fire hydrant, pursuant to the terms set out in Report
DS-08-09, dated January 9, 2008.
5. That the Mayor and Clerk be authorized to execute any and all documents in a form
and content satisfactory to the City Solicitor to give effect to the foregoing.
3.0
INPUT FROM OTHER SOURCES
¾ The inter-Departmental Corporate Real Estate Strategy Team (CREST) has reviewed
this report and concurs with the Recommendation.
4.0
ANALYSIS
¾ The Region is proposing to undertake an upgrade to the WSP as shown in Exhibit
No. 2. Construction is tentatively scheduled for 2008 and will take approximately
2 years to complete.
¾ The Region intends to construct a fire hydrant on the east side of the proposed new
waste treatment facility building. The hydrant lead is proposed to be from the existing
watermain in Lakewoods Park to the WSP site. The Region has therefore requested
an easement over Part 2 on Reference Plan 40R-25106 for the future water pipe
service for the fire hydrant.
¾ As part of the City’s due diligence, it was discovered that the existing Regional
watermain through Lakewoods Park is not covered by an easement. As such it is
appropriate that an easement also be granted over Part 1, Plan 40R-25106 to provide
for this existing watermain.
¾ The Region has identified that a section of Muskoka Avenue is located within the
existing fenced limits of the WSP and is requesting that the City stop up and close that
portion of Muskoka Avenue and convey the parcel to the Region.
¾ Considering that this portion of Muskoka Avenue is located within the confines of the
WSP and is not used for public road purposes, it is appropriate to stop up, close and
convey same to the Region.
¾ CREST supports the conveyance of the road allowance provided the Region does not
adversely alter the drainage pattern of this portion of the road allowance. CREST also
supports the easements provided the existing trees in the park are not to be damaged
as a result of any construction by the Region.
Report to the Development
Services Committee (Continued)
-3-
Item: DS-08-09
Meeting Date: January 14, 2008
¾ Parks Services suggested that the Region, in exchange for the easement and
conveyance, allow the City to utilize unused portions of the WSP for park and trail
purposes. In this regard, the Region has confirmed that it is prepared to work towards
an agreement to relocate the north fence at the WSP to allow the City use of this area
for park purposes (see Attachment No. 3). The Region is not prepared to sell this land
as it is required for future plant expansion.
¾ The Region is also prepared to consider a lease arrangement for the east side of the
site to allow the City trail to be modified for safety reasons.
¾ Any subsequent draft agreement regarding the City’s use of the Region’s lands for park
or trail purposes will be reported back to Council for approval.
5.0
FINANCIAL IMPLICATIONS
¾ There are no City costs associated with the Recommendation. The Region has agreed
to cover the City’s advertising costs.
6.0
RESPONSE TO THE COMMUNITY STRATEGIC PLAN
¾ The Recommendation supports Goal B (A Green and Sustainable Community) of the
City’s Community Strategic Plan by supporting upgrades to the WSP which protects the
environment.
Original Signed By
Cindy Symons-Milroy, Ec.D., Director
Economic Development Services
Original Signed By
Thomas B. Hodgins, B.E.S., M.A., RPP, Commissioner
Development Services Department
RS/c
Attachments
K:\Exhibits\07Dec\exhibits\DS-08-09_ex1.mxd\19-12-07\
RITSON RD S
OSHAWA WATER
SUPPLY PLANT
Watermain Easement
M US
KOK
Muskoka Ave ROW
A A
VE
LAKE ONTARIO
Exhibit No. 1
FAREWELL ST
WENTOWRTH ST E
CO
Muskoka Ave ROW
Watermain Easement
LAKE ONTARIO
LE
S
VA
L
ST
OXFORD ST
E
File No.:
DS-08-09
Request by Region of Durham for Conveyance of
Part of the Muskoka Avenue Road Allowance and
Grant of an Easement for Watermain for the
Oshawa Water Supply Plant
D4660-0029
M
SI
Item No.:
Application:
CEDAR ST
DEVELOPMENT SERVICES DEPARTMENT
Y
DR
K:\exhibits\07Dec\exhibits\DS-08-09_ex2.ai\19-12-07\
Exhibit No. 2
Item No.:
DS-08-09
Application: Request by Region of Durham for Conveyance of Part of the Muskoka Avenue Road Allowance and Grant of an Easement for
Watermain for the Oshawa Water Supply Plant
File No.:
D4660-0029
City of Oshawa
DEVELOPMENT SERVICES DEPARTMENT
K:\exhibits\07Dec\exhibits\DS-08-09_ex3.ai\19-12-07\
Exhibit No. 3
Item No.:
DS-08-09
Application:
Request by Region of Durham for Conveyance of Part of the Muskoka Avenue Road Allowance
and Grant of an Easement for Watermain for the Oshawa Water Supply Plant
File No.:
D4660-0029
City of Oshawa
DEVELOPMENT SERVICES DEPARTMENT