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HomeMy WebLinkAboutEGD-006-11 Leading flae Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 7, 2011 Resolution #: J Report#: EGD-006-11 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF A ROAD ALLOWANCE (LORD ELGIN STREET) SITUATED IN LOT 129 CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-006-11 be received; 2. THAT Council approve in principle the closure and conveyance of Lord Elgin Street from Concession 3 to the north limit of that portion of Lord Elgin Street, which was closed in 1988, situated in Lot 12, Concession 2, former Township of Darlington (Attachment 1); 3. THAT Council authorize the publication of a notice that Council intends to declare part of the road allowance be surplus and to pass a by-law to close that part of the road allowance; 4. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 5. THAT 1825284 Ontario Limited (City Homes) be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CAARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-006-11 Respectfully by, Director of Cannella ring Services PAGE 2 ~_~' ~~ Q..._. ~, Reviewed by: Franklin Wu Chief Administrative Officer ASCfjo January 19, 2011 REPORT NO.: EGD-006-11 PAGE 3 1.0 BACKGROUND 1.1 1825284 Ontario Limited (City Homes) is the owner of lands situated on both sides of Lord Elgin Street (unopen) in Lot 12, Concession 2, former Township of Darlington (approximately 8m wide x 66.3m long). More specifically, these lands are the former Cooper property located on the south side of Concession 3, east of Scugog Street in Bowmanville. The 1857 Hambly Plan established Lord Elgin Street between Lots 1 and 2 of that plan. In 1988, all of Lord Elgin Street was closed and conveyed.to adjacent property owners, except for the portion through the Cooper property (see Attachment 1). 1.2 The Municipal solicitor has reviewed this matter and confirms that the road allowance is currently in municipal ownership. 1.3 An application has been received to close and convey this section of road, and the Director of Engineering Services has determined that this road allowance is not required for the future road network. 1.4 The subject portion of Lord Elgin Street can now be conveyed into private ownership to facilitate registration of the next phase of the subdivision plan, which dovetails with adjacent draft approved plans. 1825284 Ontario Limited has submitted the formal Application for Road Closure and Conveyance that is required under current municipal policy. 2.0 MUNICIPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, the Application For Road Closure And Conveyance has been submitted to the Municipality. The Director has made a determination that the road allowance is not required for public highway purposes and that the closure is necessary to facilitate development of a proposed plan of subdivision which is adjacent to other draft approved plans of subdivision. The Policy and Procedure for Road Closure further states that the applicant must pay anon-refundable application REPORT NO.: EGD-006-11 PAGE 4 fee and obtain consent of the abutting property owners (none in this case). The applicant must pay all legal, survey, appraisal, advertising and land costs. Under the Municipality's Policy and Procedure, the Municipality must give notice of its intention to pass a by-law closing the road allowance, circulate the application to all appropriate parties (agencies and utilities), and hold a public hearing prior to Council declaring the land surplus and passing a by-law closing the road allowance. 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that this portion of the road allowance (Lord Elgin Street between Concession 3 and the south boundary approximately 66.3m south) is not required for the municipal road network. It is therefore recommended that Council direct staff to process the application to close and convey the subject land to 1825284 Ontario Limited. A further report will be forthcoming to Council pertaining to the land appraisal, comments received from the public and a staff recommendation to close and convey. Attachments: Attachment 1 -Key Map List of Interested Parties: 1825284 Ontario Limited ~ w Road Allowance V O w - ~' I ~ U ~to be L. AI___ I IiJ~A_______. w CHI~R'T w~ u o z N BONS AVENGE y ~ ~ DRIVE z ~ w w r w ~ U O JENNINGS DRIVE i ~ ^ -1 ~ RI _ ~I~ J ~_ Concession Rd 3 I Ili„ N r r ~ r'F~i i~~ W 1-~ vri ~ ~~~~~ , (: "u ~' it .t I .~ 1 ~ I I _ o _ , L~ r Lek' ~ ~~ <h%~~.`~~ '",~,1~~ li{~~~ht'iL~l'r',16onsAve~Ill'I~iIM,~ S o,ll~ ,a~h~r~y~~ i'•• n~ ~ ,~ ~~'L~~r III-' DRAWN BY: E.L. DATE: January 31, 2011 ~~ REPORT EGD-006-11 ~~ ~~ .I~y I `~~ KEY MAP ~ ATTACHMENT NO. 1 BOWMANVILLE ~-t, „<,~~.- ,,,...