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HomeMy WebLinkAboutEGD-028-07 .~ ~ REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Resolution #: G fA - IfJ ~o/ . Report #: EGD-028-07 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A ROAD ALLOWANCE SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-028-07 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 the road allowance situated in Lot 28, Concession 5, Former Township of Clarke, pursuant to section . 34 of the Municipal Act and By-Law No. 95-22 and that the subject road allowance (Attachment No.1) be declared surplus; 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with and subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws authorizing the closure of the subject lands as a public highway, declaring the subject lands to be surplus, and authorizing its conveyance to the applicant, Council pass the necessary by-laws to implement this report; 4. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 5. THAT Mr. Dennis D. Ebbs be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 AM Report #EGD-028-07 Page 2 Respectfully by, ~ Submitted by: A.S. Cannella Director of Engineering Services d ~--:=~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo February 16, 2007 Report #EGD-028-07 Page 3 1.0 BACKGROUND 1.1 Dennis D. Ebbs is the owner of the municipal property identified as 97 Mill Street, Orono. The property is situated immediately adjacent to a 12 metre x 100 metre (approximate) road allowance owned by the Municipality. Mr. Ebbs owns land located on the north side of the road allowance. There is one other property situated directly adjacent to the subject road allowance. Mr. Ebbs wishes to obtain title to the road allowance and has submitted a formal Application for Road Closure and Conveyance to the Municipality. 2.0 MUNICIPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, the Application for Road Closure and Conveyance has been submitted to the Municipality and the Director has made a preliminary determination that the road allowance is not required for public highway purposes. The Policy and Procedure for Road Closure further states that the applicant must pay a non- refundable application fee, obtain consent of the abutting property owners, provide a draft reference plan, and pay appraisal, advertising, legal and land costs. The owner of the one other property that is abutting the road allowance is Armstrong Store Ltd. and the owner has signed a release of any interest in this part of the road allowance. Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law closing the road allowance. Under the Municipality's Policy and Procedure, the Municipality must circulate the application to all appropriate parties (Agencies and Utilities), hold a public hearing and, if Council approves, pass a by-law closing the road, pass a by-law declaring the land surplus, and a by-law conveying the property. Report #EGD-028-07 Page 4 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that this road allowance situated in Lot 28, Concession 5, Former Township of Clarke is not required for the municipal road network. It is therefore recommended that Council authorize staff to process the application to close and convey the subject land. Attachments: Attachment 1 - Key Map List of Interested Parties: Mr. Dennis D. Ebbs I i I I I I I I i I I i ~I ...., ....' I~ '11 Cl '-1 J:1 Lands to be Closed and Conveyed I 4rI}J St strOng Ore Ltd. .....T~lmtQILB~___ ~.L.L_._._._ r:~,J/~(~~f~:~~ == Ci5 I [::';.=--l,.j!7~:' .<I~r~~~if~.~d,.==.=.=....I ..........L. ';111 .~1/)/ /.t~j / ! L.I' :!!:' "1 h,Ji/ I, 'J' '7 ! \ 11 .~ ~~~ilf{~Jrl / I!; ...., Ii 1'::'riCi~"__' Ill) ! ! I I. .:~j f:Jj~}'fi/I 'I \ ~ II OR~~~1 ~11~{'TE~ !; J I J\r W~E s I I" ,. ,,-,...- --- I DRAWN BY: E.L. DATE: February 19, 2007 KEY MAP REPORT EGD-028-07 ATTACHMENT NO.1 G:\AttaehmentsILot 28 Cone 5 Orono Closure,mxd