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Home My WebLink AboutEGD-002-09Clar~~~ REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL (PURPOSE AND ADMINISTRATION COMMITTEE Date: January 5,',2009 Resolution #: ~ -0(1-U9 Report #: EGD-002-019 File #: By-law #:~Oi~--C~C75 Subject: PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18 CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: That Report EGD-X002-09 be received; 2. That the road allowance situated in Lot 18, Concession 5, further identified as Part 3 on Registered Plan 40R-25645 be closed and declared surplus and that the road allowance be conveyed to Andy Meima. 3. That the applicant pay the appraised land value of $ 7,545.00 as well as all legal and other financial costs associated with the transaction; 4. That Council pass'the necessary by-laws to implement the recommendations of this report; and 5. That Andy Meima',be advised of Council's decision. Respe tf y y, Submitted by: A.S. Cannella Re wed by: Franklin Wu Director of Engineering Services ,~/ Chief Administrative Officer ASC/LJB/dv December 10, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STRE T, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-OOR-09 PAGE 2 1.0 BACKGROUND 1.1 Andy Meima is the owner of 5 separate parcels of land located in Lot 18, Concession 5, in the former Township of Darlington. The 5 parcels of land are bi-sected by an unopen road allowance/laneway owned by the Municipality. Andy Meima wishes to obtain title to the road allowance and has submitted a formal Application,for Road Closure and Conveyance to the Municipality. Obtaining title to tMe unopen road allowance 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. 1.2 The unopen road dllowance is a 5m wide by 139 m (approx.) lane situated immediately south of 49 Perry Avenue, Hampton which has never been open for municipal use. (see Attachment No. 1). 1.3 The east portion of the laneway (approximately half the length) is located in flood plain which is reguilated by CLOCA. CLOCA had no objection to the closure and conveyance of the', laneway. 1.4 On January 28, 20108, Council approved a recommendation of Report EGD 006- 08. The Report recommended that the road allowance situated in Lot 18, Concession 5, forrmer Township of Darlington be legally closed by by-law (see Attachment 2), deglared surplus and conveyed into private ownership. 1.5 Staff subsequentlvlcirculated the notice of intent to close the road allowance to all authoritative bodies and internal departments. No objections or concerns were received. A Public Meeting was advertised in the local newspapers (see Attachment 3). 1.6 Staff also commissiioned a land appraisal from an accredited land appraiser. The appraisal report evaluating the land at $7,545.00 for the 5m x 139m lane was subsequently received. 1.7 In accordance with the recommendation of Report EGD 006-08, Part 3 on Registered Plan 40R-25645 (see Attachment 4) can be conveyed to Andy Meima for the appraised value of $ 7,545.00 2.0 CONCLUSION 2.1 It is recommended khat subject to any input received at the Public Meeting, Council authorize the closure of the subject road allowances, declare the land surplus and convey the subject lands into private ownership for the appraised value of $ 7, 545.Oq. REPORT NO.: EGD-002-09 PAGE 3 Attachments: Attachment 1 -Key Map Attachment 2 -Propose By-law Attachment 3 -Newspaper Article-December 17th Attachment 4 - 40R-Plan of Road Allowance List of Interested Parties:. Andy Meima - ~, 3 nor ~a i~ -ror rr - _-~ ~, ~- ,~ ~~ % `, , i~~ ~\~,~~ Road Allowance Recommended .... to be Closed and Conveyed ,.. (5m x 139m) -~ / ~~ ~ / -= ~ i ~, j' ~ ~ ~ ~ i p~~ ~ I o~ \ ~ _ /~~dmo ~~', ~ ~~~ i ~ ~-~ '~ ~ C' ~ ~ v' / ~ ~ ~ ~ ~i 'J ` ~ - j' ~ CONC.S /' i ~ o ro , ' I i ~ ~` ~, ~ ~, ,, ,~ i~;~ ~ ~ % ~ % `. ~ ~. I/ / ~'~ ~ \~ ,rl ~ ~ ~ i ~ i , ~ / ~, / 'i i goo ~ i ~ ~/ ~,, ,~ ~~ / ~ \ ~ ~ ~~ ~.S / ~~ ~, ~~ '° ~ Legend ~ ~~ ,, ~ ~ ~ Meima Lands v, a ~ I MILL ~'' J `~~ II ~ ~o ll o~~~a ~ r N ~i ~ ~ ~; ~. o'~ 1 a~ ~ ~ ~ ~ ~~~ ~~ f ~ iI~ __ ~lr,d~_ ..y_ c L~7~~~' ~L E __ '~I ~ ~ o~ 1,.1,' ~~~~, S HAMPTON f ~ ~~ ~~ ~ I -S ohJectSite ~ i j -. DRAWN BY: E.L. DATE: December 8, 2008 ~J ~~~-r of ~ . , ~___ ~~~_ ~ - REPORT EGD-002-09 ~ III o {`~ ~ ~, i ~ i - ! ~ x ~ KEY MAP ATTACHMENT NO. 1 Fa- ~ G:WdachmenGS6toadClosun:Lot18-Conc-S.mxd ATTACHMENT NO. 2 RF_PORT NO.: EGD-OG2-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-XXX being a by-law to stop up and close as a public highway a portion of road allowance and to authorize the conveyance of Part 3 on Registered Plan 40R-25645 to Andy Meima. Whereas the Council of the Municipality of Clarington at its meeting of January 28, 2008 approved a recommendation in Report EGD-006-08; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. That a portion of the road allowance located in Lot 18, Concession 5, in the former Township of Darlington designated as Part 3 on Registered Plan 40R-25645 is hereby stopped up and closed as a public highway. 2. That the sale and transfer to Andy Meima of the road allowance situated in Lot 18 Concession 5, designated as Part 3 on Registered Plan 40R- 25645, is approved. 3. That the Mayor and Clerk are authorized on behalf of the Municipality to execute the transfers. 4. 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 12th day of January 2009. By-law read a third time and finally passed this 12th day of January 2009. Jim Abernethy, Mayor L. Barrie, Municipal Clerk (3ecerr~be~ 17`r' Newsp«y~er ATTACHMENT NC,: 3 t~EPGRT r~~.~ E~~-ao2-oa NOTICE OF HIGHWAY CLOSING ROAD ALLOWANCE SITUATED IN LOT 18, CONCESSION 5 IN THE FORMER TOWNSHIP OF DARLINGTON Take Notice that the General Purpose and Administration Committee of the Corporation of the Municipality of Clarington will conduct a Public Meeting regarding Council's intent to pass a by-law to stop up and close a road allowance situated in Lot 18, Concession 5 in the former Township of Darlington, now in the Municipality of Clarington and further identified as Part 3 on Registered Plan 40R- 25645 Date: January 5, 2009 Time: 9:30 a.m. Place: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario The start time listed reflects the time at which the General Purpose and Administration Committee Meeting commences. And Further Take Notice That before passing the said by- law, Council or a Committee of Council shall hear in person, or by his Counsel, Solicitor or Agent, any person who claims that his land will be prejudicially affected by this by-law and who applies to be heard. Patti L. Barrie, CMO Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 a $i ~yPa c i° ~ _ i~ ~ ~ e ~ $ 1 pxEh~ ~Z ~ =F a"r ." ~ 4 aka ~S oa'6 mR ` U ~ <~o~n°' R O ~' _ I ~ I°~ i, $ aaz~~ ~ _ `~~~ W a0~i a N ~aR ~ o g~ ~ ~9 ~2~~-ter a ~ - - - ~ qm~^^ N O oioo go Em ~Tu m 3~W rv ~8 ^~o$ ~ Z ^z t•w :° Wes. o• ~ .i~ a zio~<°"' Y i04p UTO E _°~ .~a~ g£ ~ ~= w~ki<I ~ a ~ ~rj ~iO: ~~ ~ i _ nna CI- L J <b ~'~` `='=m ~'~ ~ Sc= ° 3 ~~~o n4 m ` i N 3~Z nF~ ~Q i N 6m 'iYi 'E~- $iz ztlo g~2 W ~ W - n~ `~i <mx~w~° zoioow L~ - E" ~d°°sseoo~So~ ~ g.S g ~~ v _ e ~ Lei ~q 'c°5 °k' °B_ gg a R ~..~ z ~'~ .N3g'- ~ca~ a-~ X . 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