HomeMy WebLinkAboutEGD-012-07
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday February 19, 2007 Resolution #: 6 P f~ - I / ~ - 07
Date:
Report #: EGD-012-07
File #:
By-law #:
Subject:
PROPOSAL TO CLOSE AND CONVEY A PORTION OF OKE ROAD
SITUATED IN LOT 32, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-012-07 be received;
2. THAT Council authorize the publication of a notice of application that the
Municipality intends to pass a by-law to close that part of an unopen road
allowance situated in Concession 2, between Lot 32 and Lot 33, former
Township of Darlington, identified as Part 1, Plan 40R-23704 and Parts 10 and
11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a
subsequent R-Plan pursuant to Section 34 of the Municipal Act and By-Law No.
95-22;
3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been
complied with, Council pass By-Law No. 2007-XX and declare those portions of
the road allowance to be closed as a public highway and declared surplus;
4. THAT subject to Council's consideration of any representations made at the
public meeting respecting the passing of by-laws declaring the subject lands to
be closed as a public highway and declared surplus, Council pass By-Law No.
2007 -xx authorizing that the portion identified as Part 1, Plan 40R-23704 and
Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the
subject of a subsequent R-Plan be conveyed to Halminen Homes for the
appraised value;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-012-07
PAGE 2
5. THAT all costs of closure and conveyance be borne by the applicant; and
6. THAT Halminen Homes be advised of Council's decision.
Respectfully by,
JtLdL
Submitted by: A.S. Cannella
Director of Engineering Services
o /--RLA~fi) _ r2Jk-
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
January 9, 2007
REPORT NO.: EGD-012-07
PAGE 3
1.0 BACKGROUND
1.1 Halminen Homes has made application to close and convey two parts of a
temporary turning circle located at the east end of Oke Road off Prestonvale
Road as well as three remnant pieces of an unopen road allowance adjacent to
the turning circle (see Attachment 1). This application has been made in order to
construct the link from Oke Road off Prestonvale Road with Oke Road off
Glenabbey Drive to facilitate the development of the Emily Stowe
Neighbourhood. The application for closure and conveyance is in compliance
with the original plan for this neighbourhood and has been endorsed by the
Director of Engineering Services.
2.0 ADJACENT LAND OWNERSHIP
2.1 The adjacent land owner, 708545 Ontario Limited, is fully in agreement with this
application and is a proponent (with the applicant) in a land division application
and land exchange to complete the development of this neighbourhood.
3.0 PUBLIC NOTICE
3.1 Under the Municipal Act, the Municipality must give notice of its intention to pass
a by-law stopping up and closing the road allowance and declaring it surplus.
Under the Municipality's Policy and Procedure for road closure, the Municipality
must circulate the application to all appropriate parties (agencies, utilities and
municipal departments), hold a public hearing and, if Council approves, pass a
by-law stopping up and closing and declaring the road surplus (see Attachment
2) and a by-law conveying the land to the applicant (see Attachment 3).
4.0 CONCLUSION
4.1 The Director of Engineering Services has determined that it would be appropriate
to close and convey the parts of the temporary turning circle and the remnant
pieces of unopen road allowance adjacent to Oke Road to Halminen Homes to
facilitate the development of the remainder of the Emily Stowe Neighbourhood.
All costs associated with the closure and conveyance, including land costs, will
be borne by the applicant.
REPORT NO.: EGD-012-07
PAGE 4
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law to stop up and close and declare surplus
Attachment 3 - By-law to convey road allowance
List of Interested Parties:
Halminen Homes
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\ I;~~~(<:,: ,.. REPORT EGD-012-07
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ATTACHMENT NO.: 2
REPORT NO.: EGD-012-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2007-
Being a By-law to stop up and close as a public highway and declare
surplus a portion of Oke Road identified as Parts xxx on Reference
Plan 40R-xxxxx and unopen road allowance identified as Part 1 on
Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan
40R-23561.
WHEREAS the Council of the Corporation of the Municipality of Clarington at its meeting of
xxxxxxx, 2007 approved the recommendations in Report EGD-012-07;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. That a portion of Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx and
unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10
and 11 on Reference Plan 40R-23561 are hereby stopped up and closed as a public
highway and declared surplus.
BY-LAW read a first and second time this xx day of xxxxxxx, 2007.
BY-LAW read a third time and finally passed this xx day of xxxxxxx, 2007.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT NO.: 3
REPORT NO.: EGD-012-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2007-
Being a By-law to authorize the conveyance of a portion of
Oke Road identified as Parts xxx on Reference Plan 40R-xxxxx
and unopen road allowance identified as Part 1 on Reference
Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-
23561.
WHEREAS the Council of the Municipality of Clarington at its meeting of xxxxxxx, 2007 approved
the recommendations in Report EGD-012-07;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. That the sale and transfer to Halminen Homes of a portion of Oke Road identified as Parts
xxx on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on
Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-23561 is
approved.
2. That the Mayor and Clerk are authorized on behalf of the Municipality to execute the
transfers.
By-law read a first and second time this xx day of xxxxxxx, 2007.
By-law read a third time and finally passed this xx day of xxxxxxx, 2007.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk