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HomeMy WebLinkAboutEGD-006-08 q!Jljggron 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 #: "" 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 ,/"" ,,-' ,p'- Allowance Recommended " , be Closed and Conveyed 1,1 Allowance Recommended beRemmedbyMunk~a"o/ """0 ", ./' \-~/ ~./ /' /"--". "". \ \ \ \ \ 1 \ ,/ \ ' \ // 1 (~ \\ \\ \\ /', \ ,.. "-< \ "S ":/' ;; .ii; ~ \ \ \ \ \ " \ \ " \ \" ~\,-,,/ '. ./' \. >' \ " " '. :/ ',\ -~\.,/ " './ \ ~/ '\/"\ ", /< /"\ , \. --- " /\ ", .. .. \( \. '\ '\ , , " '. "- " '\ " \, \, \, \ \ \ \ I GONe. 5 i/ \......../ -."./' \ .. \,~ \ \ .. " ~ , ..\ /</ \, \. '\'\''''<, -", '\ "\ \,. '\ ", " " '\ ) /"\ '\ \ '\ \ //" '-y: \,.., '- \, /) \, \. \. .. " \. .., ,.,~,. '\ "\ ~e '. /, '. ,,_~-4, /' \, ,~/ "- ~, /\./ , ,/" " // \. ,-",,-" '- \ \ W~E s DRAWN BY: EL DATE: January 11, 2008 REPORT EGO-OOG-08 ATTACHMENT NO.1 G:\Attachments\RoadClosureLot18-Conc-5.mxd