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HomeMy WebLinkAboutEGD-028-08 Cl~mglOn 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 - 585 26 ... .. e 589 590 ... Ul i 592 59. 593 604 606 612 Queen Victoria Street 601 603 607 ~ Darcy Street 615 619 623 627 631 N ~ .. 53 orrfon of'Darc~ Sf. e Closed & 'conv~yed 35 33 o ~ 3600 ~ ~ N II') (J) 4 LO M M ~ Boulton Street :6 c ~( ::-j L ___/>1' i"'''>t c.1> -c--~~ L___J!~~tC~lf St., l__BS;;~ 1', LS "mfJJffi--r--'-=-"DPTil ----~~-- -'1; \ /==-.Jf~J'L J Ii I ~-'" ~-lIl,ffiJHffiJJ c: L :~j~ CJGI "~ ~tz/i"',~ \____:li!~ EJ=.1 ::J 1.0 ta/ ~~ 'S b------ ~l~ gl!!ffJlfj!!!':; U lJf!ct ! , ! :~t!ijfPiJ/pYl"1, I Road\D--~ '-11 '-.L~ J'C.cd1:.'r-itAllowancet,';O- ' C::,l, , 'I' _,,~-J~ ------..-;:-., i-- I ~_ _, '~-7 I L_ ~ -",~--...- i --. ----;, J ~ ~-n-l~m- >-- 1 I --.--1:::-/ \ i;BDuiion St.'k" --- -""-. II --zQ'-. " ---------.1 ~" ~ ! NEWCASTLE KEY MAP W~E s DRAWN BY: EL DATE: June 6, 2008 REPORT EGD-028-08 ATTACHMENT NO.1 G:\A a h \