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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday January 21,2008 Resolution #:~(liJ-tJlj,-o~
Date:
Report #: EGD-006-08
File#:
By-law #:
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Subject:
PROPOSAL TO CLOSE AND CONVEY A PORTION OF TWO
SEPARATE UNOPEN ROAD ALLOWANCES SITUATED IN LOT 18,
CONCESSION 5, 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-006-08 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 4.88 metre
wide road allowance situated immediately south of 49 Perry Avenue, Hampton,
(Attachment No.1) and in Lot 18, Concession 5, Former Township of Darlington,
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 a by-law and declare that portion of the 4.88 metre
wide road allowance situated immediately south of 49 Perry Avenue, Hampton,
to be surplus;
4. 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
surplus, and authorizing the closure of the subject lands as a public highway and
its conveyance to the applicant, Council pass the necessary by-laws to
implement this report;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-006-08
Page 2
5. THAT the request from Mr. Andy Meima to legally close the unopen portion of
Edmonson Avenue (Attachment No.1) be denied;
6. THAT the applicant pay all legal, advertising, appraisal and land costs associated
with this transaction; and
7. THAT Mr. Andy Meima be advised of Council's decision.
Respectfully by,
O~~~
Submitted by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
November 16, 2007
Report #EGD-006-08
Page 3
1.0 BACKGROUND
1.1 Andy Meima is the owner of 7 separate parcels of land located in Lot 18,
Concession 5, in the former Township of Darlington. The 7 parcels of land are
situated immediately adjacent to 2 separate unopen road allowances owned by
the Municipality. Andy Meima wishes to obtain title to both road allowances and
has submitted a formal Application for Road Closure and Conveyance to the
Municipality. Obtaining title to the unopen road allowances will allow Mr. Meima
to consolidate the properties into a single larger parcel which will then have
sufficient lot area to facilitate a building permit.
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 one of
the road allowances (an unopen 4.88 metre wide laneway) is not likely required
for public highway purposes. The Director has also made a preliminary
determination that the other road allowance (an unopen portion of Edmonson
Avenue) will likely be required for public highway purposes in the future.
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 offer 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.
Report #EGO-006-OB
Page 4
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.
3.0 CONCLUSION
3.1 The Director of Engineering Services has determined that the unopen 4.88 metre
wide laneway situated immediately south of 49 Perry Avenue in Lot 18,
Concession 5, Former Township of Darlington is not required for the municipal
road network. It is therefore recommended that Council direct staff to process
the application to close, declare surplus, and convey this part of the road
allowance.
3.2 The Director of Engineering Services has determined that the unopen portion of
Edmonson Avenue situated in Lot 18, Concession 5, Former Township of
Darlington is required for the municipal road network. It is therefore
recommended that Council deny the request to close and convey this part of the
road allowance.
Attachments:
Attachment 1 - Key Map
List of Interested Parties:
Mr. Andy Meima
LOT 18
LOT17
Legend
~ Meima Properties
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DRAWN BY: EL
DATE: January 11, 2008
REPORT EGO-OOG-08
ATTACHMENT NO.1
G:\Attachments\RoadClosureLot18-Conc-5.mxd