HomeMy WebLinkAboutEGD-028-08
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday June 16, 2008 Resolution #:6.fl1-3&;---o ~
Date:
Report #: EGD-028-08
File#:
By-law #:
Subject:
PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNOPEN
ROAD ALLOWANCE SITUATED IN LOT 27, BROKEN FRONT
CONCESSION, 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-028-08 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 road
allowance situated between George Manners Street (unopen) and Park Lane
(Attachment No.1) and in Lot 27, Broken Front Concession, Former Township of
Clarke, pursuant to section 34 of the Municipal Act and By-Law No. 95-22;
3. THAT when Section 34 of Municipal Act and By-Law No. 95-22 have been
complied with, Council pass a by-law and declare that portion of the unopen road
allowance to be surplus;
4. THAT 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;
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, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-028~8
Page 2
6. THAT Mr. Corey Barr be advised of Council's decision.
Respectfully by,
Submitted by: A.S. annella
Director of Engineering Services
hJ viewed by: Franklin Wu
1) v Chief Administrative Officer
ASC/jo
June 5, 2008
Report #EGD-028-08
Page 3
1.0 BACKGROUND
1.1 An application for draft plan of subdivision has been submitted to the Municipality
to subdivide a 4.5 ha property between (unopen) George Manners Street and
Park Lane and between Boulton Street and Queen Victoria Street in Bond Head
(Part Lot 27, Broken Front Concession, former Clarke Township). The developer
proposes to create eight residential lots on this property.
1.2 The Municipality's solicitor has confirmed that there is an unopen road allowance
(Darcy Street) which crosses the property approximately one quarter of the way
south of the north property line (see Key Map). The Darcy Street road allowance
does continue west to Mill Street but does not continue east of Park Lane.
1.3 The developer owns both sides of the road allowance and has made application
to the Municipality to close and convey the road allowance in order to consolidate
the properties and create the eight lot subdivision.
2.0 MUNICIPALITY POLICY AND PROCEDURE FOR ROAD CLOSURE
2.1 The Director of Engineering Services has made a preliminary determination that
this portion of Darcy Street is not likely required for public highway purposes. In
accordance with the Municipal Policy and Procedure for Road Closures, an
application has been made, and staff request the consideration by Committee to
recommend the closure and conveyance to Council.
2.2 If approved in principle, staff will circulate the application to all utilities, authorities
and municipal departments. The applicant will be responsible to provide a
reference plan and pay appraisal, advertising, legal and land costs.
2.3 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, sold at fair appraised market value to adjacent
owners or exchanged for other property of equal or greater value.
Report #EGD-028-08
Page 4
2.4 Under the Municipal Act, the Municipality must give notice of its intention to pass
a by-law closing the road allowance, hold a public hearing and, if Council
approves, pass a by-law closing the road allowance, pass a by-law declaring the
land surplus and pass a by-law conveying the land.
3.0 CONCLUSION
3.1 The Director of Engineering Services has determined the unopen portion of
Darcy Street between George Manners Street and Park Lane in Bond Head 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.
Attachments:
Attachment 1 - Key Map
List of Interested Parties:
Mr. Corey Barr
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NEWCASTLE KEY MAP
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DRAWN BY: EL
DATE: June 6, 2008
REPORT EGD-028-08
ATTACHMENT NO.1
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