HomeMy WebLinkAboutEGD-038-08
Cl![-!lJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: September 8, 2008 Resolution #:fIPAJ./ f:s--oK'
Report #: EGD-038-08 File #: By-law #~COg, -\67
Subject: PROPOSAL TO CONVEY A CLOSED ROAD ALLOWANCE
SITUATED BETWEEN LOT 28 AND 29, CONCESSION 3
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-038 -08 be received;
2. That the closed road allowance situated between Lot 28 and Lot 29, Concession
3, former Township of Clarke be conveyed to Thomas and Bonnie O'Callaghan;
3. That the applicants pay the appraised land value of $556.00 as well as all legal
and other financial costs associated with this transaction; and
4. That Thomas and Bonnie O'Callaghan be advised of Council's decision.
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Submitted by: A.S. Cannella
Director of Engineering Services
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Reviewed by: Franklin Wu
Chief Administrative Officer
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September 2, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-038-08
Page 2
1.0 BACKGROUND
1.1 On February 9, 2004 Council approved the recommendations of Report EGD 07-
04. The Report recommended that a portion of an unopen road allowance be
legally closed by by-law and conveyed into private ownership. The parcel is an 8
metre wide remnant piece of road allowance left after the construction of the
Highway 115/35/Concession 4 underpass.
1.2 Enbridge Gas Distribution Inc. advised that existing underground services are
located within the subject road allowance. The Municipality was required to
convey an easement in favour of Enbridge Gas Distribution Inc. over the subject
lands to facilitate access and maintenance of the existing underground services.
To facilitate the registration of the easement, the subject portion of the road
allowance (Part 2 on Plan 40R-23364) was legally closed by by-law (By-Law
2005-183). By-Law 2005-183 was registered and the road allowance is now
legally closed.
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1.3 In accordance with the recommendations of Report EGD 07-04 and the
Municipality's Policy and Procedure for Road Closure, an Appraisal Report was
prepared by Property Valuators Consulting Inc. which valuated the subject lands
at a value of $566.00.
2.0 CONCLUSION
2.1 Thomas and Bonnie O'Callaghan have met the requirements of Report EGD 07-
04 and have fulfilled all other municipal requirements necessary to facilitate
conveyance of the subject road allowance. It is therefore recommended that
Council authorize the conveyance of the subject lands into private ownership for
the appraised value of $566.00.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-Law
List of Interested Parties:
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Concession Road 4 (Clarke)
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DRAWN BY: E.L.
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DATE: August 27,2008
REPORT EGD-38-08
ATTACHMENT NO.1
G:\Attachments\Lot 29 Cone 3 Orono OCallaghan Closure.mxd
ATTACHMENT NO.: 2
REPORT NO.: EGD-038-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 200S-XXX
being a by-law to authorize the sale and transfer to Thomas and Bonnie
O'Callaghan of the portion of the road allowance located between Lot 28 and Lot
29, Concession 3 in the former Township of Clarke designated as Part 2 on
Registered Plan 40R-23364.
Whereas the Council of the Municipality of Clarington at its meeting of February 9, 2004
approved the recommendations in Report EGD-07-04;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. That the sale and transfer to Thomas and Bonnie O'Callaghan of the portion of
the road allowance located between Lot 28 and Lot 29, Concession 3 in the
former Township of Clarke designated as Part 2 on Registered Plan 40R-23364
is approved.
2. That the Mayor and Clerk are authorized on behalf of the Municipality to execute
the transfers.
3. That by the enactment of The Regional Municipality of Durham Act, 1993, S.O.
1993, Chap. 3, section 4, any reference to The Corporation of the Town of
Newcastle is deemed to be The Corporation of the Municipality of Clarington.
The Corporation of the Town of Newcastle changed its name on July 1, 1993 to
The Corporation of the Municipality of Clarington by virtue of this Act.
By-law read a first and second time this 15th day of September 2008.
By-law read a third time and finally passed this 15th day of September 2008.
James Abernethy, Mayor
Patti Barrie, Clerk