HomeMy WebLinkAboutEGD-028-07
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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,
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Submitted by: A.S. Cannella
Director of Engineering Services
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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
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Lands to be Closed
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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