HomeMy WebLinkAboutEGD-058-07
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday November 19, 2007 Resolution #:Gfft-b!)o-07
Date:
Report #: EGD-058-07
File#:
By-law #:
Subject:
PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNOPEN
ROAD ALLOWANCE SITUATED BETWEEN LOT 16 & 17,
CONCESSION 10, 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-058-07 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 unopen road
allowance situated between Lots 16 & 17, Concession 10, Former Township of
Darlington, pursuant to section 34 of the Municipal Act and By-Law No. 95-22
(Attachment 1);
3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been
complied with, Council pass a by-law and declare that portion of the road
allowance to be surplus;
4. 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 its
conveyance to the applicant, Council pass the necessary by-laws to implement
this report;
5. THAT the applicant pay all legal, advertising, appraisal and land costs associated
with this transaction; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD.058-07
Page 2
6. THAT St. Mary's Cement Inc. be advised of Council's decision.
Respectfully by,
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Submitted by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC~o
November 12, 2007
Report #EGD-05S-07
Page 3
1.0 BACKGROUND
1.1 St. Mary's Cement Inc. are the owners of 4 separate parcels of land located in
both Lot 16 and Lot 17, Concession 10, in the former Township of Darlington.
The 4 parcels of land are situated immediately adjacent to an unopen road
allowance owned by the Municipality. St. Mary's Cement Inc. wishes to obtain
title to the road allowance and have 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 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 likely 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 Municipality must under By-Law 95-22, declare the land surplus
and also determine whether the surplus property shall be sold by the acceptance
of an ofter from a member of the public in response to a tender, sold at its
appraised fair market value to adjacent owners or exchanged for other property
of equal or greater value.
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.058.07
Page 4
3.0 CONCLUSION
3.1 The Director of Engineering Services has determined that this unopen road
allowance situated between Lots 16 and 17, Concession 10, Former Township of
Darlington is not required for the municipal road network. It is therefore
recommended that Council declare this part of the road allowance as surplus
land and that staff be directed to process the application to close and convey the
subject land.
Attachments:
Attachment 1 - Key Map
List of Interested Parties:
St. Mary's Cement Inc.
Boundary Rd
Scugog oun alY
LOT17
LOT 16
LOT 15
St. Lawrence ,~.IjY.r!$9-'IB~HW!:lY,.".
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CONC.10
Road Ailowance
to be Closed and Conveyed
Conc Rd 10
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DRAWN BY; EL
DATE: November 13, 2007
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KEY MAP
REPORT EGD-058-07
t ATTACHMENT NO.1
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