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
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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
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III-' DRAWN BY: E.L. DATE: January 31, 2011
~~ REPORT EGD-006-11
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