HomeMy WebLinkAboutEGD-017-09 Claron REPORT
Leadeng the Way
ENGINEERING SERVICES DEPARTMENT
I
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 4, 2009 Resolution #:GP l
Report#: EGD-017-09 File #: By-law#:
Subject: PROPOSAL TO CONVEY AN UNOPEN ROAD ALLOWANCE
SITUATED IN LOT 27, CONCESSION 1, 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-017-09 be received;
2. That the unopen road allowance situated in Lot 27, Concession 1, former
Township of Clarke be closed and declared surplus and that the road allowance
be conveyed to 564069 Ontario Inc.
3. That the applicant's pay the appraised land value of$ 35,000.00 as well as all
legal and other financial costs associated with the conveyance of the land;
4. That 564069 Ontario Inc. be advised of Council's decision.
Respectfully y,
c)
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/LJ13/dv
April 28, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-017-09 PAGE 2
1.0 BACKGROUND
1.1 564069 Ontario Inc. is the owner of the property identified as 131 King Avenue
East (Newcastle IGA). The property is situated immediately adjacent to an
unopen road allowance that the Director of Engineering Services has determined
is no longer necessary for public use and that is also not in the best interest of
the Municipality to continue to maintain as road allowance. In 2004, 564069
Ontario Inc. submitted application to have the unopen road allowance which is
situated immediately adjacent to their property, legally closed by by-law and
conveyed into the private ownership of 564069 Ontario Inc.
1.2 On November 8, 2004 Council approved the recommendations of Report EGD
048-04. The Report recommended that the road allowance be legally closed by
by-law, declared surplus and conveyed into private ownership. The approval by
Council was subject to the applicant fulfilling all of the normal policy and
procedure associated with the closure and conveyance of a road allowance.
1.3 Notice of the application to close the road allowance was circulated to all
agencies, utilities and municipal departments. No objections were received.
1.4 The Council directed policy and procedure for the closure and conveyance of a
road allowance stipulates that the applicant must obtain the written consent of all
other land owners whose property is situated directly adjacent to the road
allowance. In 2004, 564069 Ontario Inc. was not able to obtain the necessary
consent from the adjacent property owners at 63 Beaver St. S. and a lengthy
delay ensued in the process. In 2008, the principle of 564069 Ontario Inc.
purchased the adjacent property (63 Beaver St. S.). For our records, the
principle of 564069 Ontario Inc., Mr. Norman Gyaltsan has provided a letter of
consent to convey the road allowance to his company. The road closure process
may now continue.
1.5 49 and 63 Beaver St. S. and the unopen road allowance are the subject of a
rezoning allowance are the subject of a rezoning application and (along with 131
King Ave. E.) are the subject of site plan application to expand the parking at the
existing grocery store.
1.6 In accordance with the recommendations of Report EGD 048-04 the road
allowance can be conveyed to 564069 Ontario Inc. for the appraised value of
$35,000.00 plus legal and advertising cost. Appraisal and survey costs have
already been paid.
REPORT NO.: EGD-017-09 PAGE 3
2.0 CONCLUSION
2.1 It is recommended that subject to any input received at the Public Meeting, that
Committee recommend to Council that Council authorize by by-law the closure of
the subject road allowance, declare the land surplus and convey the subject
lands into private ownership for the appraised value of $35,000.00 as well as all
other associated legal and financial costs.
Attachments:
Attachment 1 - Key Map
List of Interested Parties:
564069 Ontario Inc.
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King Avenue East
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69 do Ontario Inc)
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49 Beaver Skr :
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Emily Street 63 Beaver St. S.
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Unopened Road Allowance
to be Closed
(5.8m x 55.8m)
Cutler Drive
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REPORT EGD-017-09
Highway-4 01- KEY MAP ATTACHMENT NO. 1