HomeMy WebLinkAboutEGD-027-11 Ciaringion REPORT
ENGINEERING SERVICE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: June 27, 2011 Resolution#: 6PA-'S'78-// By-law#: #f€i- ,2 //-674
Report#: EGD-027-11 File#:
Subject: PROPOSAL TO CONVEY A PORTION OF AN UNOPEN ROAD
ALLOWANCE (LORD ELGIN STREET) SITUATED IN LOT 12,
CONCESSION 2, FORMER TOWN OF BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report EGD-027-11 be received;
2. THAT the unopen road allowance (Lord Elgin Street) situated in Lot 12,
Concession 2, former Town of Bowmanville, further identified as Part 2 on Plan
40R-26926 be stopped up and closed and that the road allowance be conveyed
to 1825284 Ontario Limited (City Homes);
3. THAT the applicants pay the appraised land value of $110,654.00 as well as all
legal and other financial costs associated with the transaction;
4. THAT Council pass the necessary by-laws to implement the recommendation of
this report; and
5. THAT 1825284 Ontario Limited (City Homes) be advised of Council's decision.
Respectfully by:
Submitted by: .4A., 1.4 / Reviewed by: C 1 -"63 k
A.S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Chief Administrative Officer
Services
ASC/LJB/jo
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-027-11 PAGE 2
1.0 BACKGROUND
1.1 On February 14, 2011, Council approved the recommendations of Report EGD-
006-11. The Report recommended that a portion of a road allowance (Lord Elgin
Street) be legally closed by by-law and conveyed into private ownership. The
right-of-way is 15 m x 66.3 m. See Attachment 1 — Key Map.
1.2 Specifically, 1825284 Ontario Limited (City Homes) is the owner of the municipal
property identified as Parts 1 and 3 on Plan 40R-26926. The property is bisected
by an unopen municipal road allowance (Lord Elgin Street) identified as Part 2 on
Plan 40R-26926. The Director of Engineering Services has determined that the
unopen road allowance (Lord Elgin Street) is no longer necessary for public use.
The remainder Lord Elgin Street was closed and conveyed in 1988.
1.3 1825284 Ontario Limited (City Homes) has submitted a formal application to close
and purchase the road allowance in order to facilitate registration of a plan of
subdivision, which will be integrated into the surrounding neighbourhood'
development.
1.4 Subsequent to Council's February 14, 2011 approval in principle (to close and
convey the right of way). Notice of the application was submitted to all agencies,
utilities and internal departments. No objections to the closure were received. The
property was then appraised by a certified appraiser retained by the municipality.
The appraised value is $110,654.00
2.0 CONCLUSION
2.1 The applicant has complied with the Municipality's Policy and Procedure for Road
Closures. It is recommended that subject to any input received at the Public
Meeting, that Council authorize the closure of the subject road allowance and
convey the subject lands into private ownership for the appraised value of
$110,654.00.
REPORT NO.: EGD-027-11 PAGE 3
Attachments
Attachment 1 — Key Map
Attachment 2 — Proposed By-Law
Interested Parties To Advise Of Council's Decision:
1825284-Ontario Limited (City Homes)
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ATTACHMENT NO.:2
REPORT NO.: EGD-027-11
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-XXX
Being a by-law to stop up and close and to authorize the
conveyance of a road allowance.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-027-11, and deems it desirable
to pass this by-law; and
NOW THEREFORE be it enacted and it is hereby enacted as a by-law of the
Corporation of the Municipality of Clarington as follows:
1. That the property described as part of the unopened road allowance
situated as Part of Lord Elgin Street, being Part of Lot 12, Concession 2,
now Part 2 on Plan 40R-26926, (in the former Town of Bowmanville), now
in the Municipality of Clarington, is hereby stopped up and closed; and
2. That the Municipal Solicitor be authorized to take all action necessary to
effect the transfer.
BY-LAW read a first and second time this XXth day of XXXX, 2011.
BY-LAW read a third time and finally passed this XXth day of XXXX, 2011.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk