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Home My WebLink AboutPWD-018-21Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 31, 2021 Report Number: PWD-018-21 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Andrew C. Allison, CAO File Number: RC.C.02.30 Resolution#:GG-374-21 By-law Number: Report Subject: Given Rd Closure and Conveyance Recommendations: 1.That Report PWD-018-21 be received; 2.That Part Lot 31, Con 2, Part 3, Part Lots 31 and 32, Con 2 Part 5, Part Lot 32, Con 2, Part 8 and Part Lot 31, Con 2, Part 12 on reference plan 40R-31354, Attachment No. 1 be declared surplus to the needs of the Municipality; 3.That Part Lots 31 and 32, Con 2, Part 5 & Part Lot 31, Con 2, Part 12 on Plan 40R- 31354 be conveyed to 2103386 Ontario Limited in exchange for payment of the appraised value; 4.That Part Lot 31, Con 2, Part 3 on Plan 40R-31354 be conveyed to Wilmot Creek Developments Inc. in exchange for payment of the appraised value; 5.That Part Lot 32, Con 2, Part 8 on Plan 40R-31354 be conveyed to Louisville Homes Ltd. in exchange for payment of the appraised value; 6.That the applicants pay all applicable costs and fees for the preparation and registration of the reference plan, and transfer instruments, including HST; 7.That Council approve the draft By-law attached as Attachment 3 to Report PWD- 018-21 to close and convey Part Lot 31, Con 2, Part 3, Part Lots 31 and 32, Con 2 Part 5, Part Lot 32, Con 2, Part 8 and Part Lot 31, Con 2, Part 12 on Plan 40R- 31354, Attachment No. 1; and 8.That all interested parties listed in Report PWD-018-21 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PWD-018-21 Report Overview The Director of Public Works has determined that this portion of the road allowance (Given Road) is surplus to the needs of the Municipality. The subject portions are required by the Applicants to facilitate their development proposal. 1. Background 1.1 2103386 Ontario Limited and 2353235 Ontario Limited are the owners of the adjacent lands on the north side of Given Road, west of Rudell Road in Newcastle. Wilmot Creek Developments Inc. and Louisville Homes Ltd are the owners of adjacent lands on the south side of Given Road, west of Rudell Road in Newcastle. The Municipality currently owns the southwest corner of Given Road and Rudell Road that currently operates as a stormwater management pond. 1.2 A draft plan of subdivision has been approved for the lands owned by 2103386 Ontario Limited, 2353235 Ontario Limited, Wilmot Creek Developments Inc., and Louisville Homes Ltd. (the “Applicants”). The Applicants’ development proposal requires the approval of Council for the closure and conveyance of portions of Given Road, west of Rudell Road. The portions of these roads that are proposed to be closed and conveyed are depicted in Attachment No. 1. 2103386 Ontario Limited will take ownership of Parts 5 and 12. Wilmot Creek Developments Inc. will take ownership of Part 3. Louisville Homes Ltd will take ownership of Part 8. The portion of the Given Road allowance that remains in Municipal ownership will form part of future municipal roads within the proposed development. 1.3 Given Road, west of Rudell Road currently provides access to two properties, one at 208 Given Road and the second one at 302 Given Road. The existing access to 208 Given Road will remain unchanged. Access to 302 Given Road will be provided within the proposed development as illustrated in Attachment No.2. 1.4 The applicants have paid the application fee of $500. An appraisal has been completed on the subject lands. The application has been circulated to all appropriate parties and agencies with no outstanding concerns. 1.5 1.6 An Appraisal Report for the subject lands was completed by Liverpool Appraisal Inc. in September 2020. The appraised value will be circulated to Council in a confidential memorandum to accompany this report. Municipality of Clarington Page 3 Report PWD-018-21 2. Road Closure 2.1 Subsection 34(1) of the Municipal Act, 2001 provides that “a by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office”. Upon Council’s enactment of the road closure by-law found as Attachment 3, the Municipal Solicitor will submit it to the land registry office for registration. 3. Concurrence This report has been reviewed by the Director of Legislative Services / Municipal Solicitor who concurs with the recommendations. 4. Conclusion It is respectfully recommended that Council close and convey the surplus road allowance for the appraised value plus applicable costs and approve the draft By-law. Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext.2327 or krichardson@clarington.net Attachments: Attachment 1 - Reference Plan 40R-31354 Attachment 2 – Sketch of lands to be closed and conveyed and access provided to 302 Given Road through proposed development. Attachment 3 – By-law 2021-XXX Attachment 4 – Confidential Memo regarding Land Appraisal Value for Given Road (Distributed Under Separate Cover) Interested Parties: The following interested parties will be notified of Council's decision: D.G. Biddle & Associates Limited 2103386 Ontario Limited 2353235 Ontario Limited Wilmot Creek Developments Inc. Louisville Homes Ltd. PPLAN 40R-31354 Received and deposited April 30th, 2021 Joanne Mason Representative for the Land Registrar for the Land Titles Division of Durham (No.40) Attachment 1 to Report PWD-018-21 SCALE DATE DRAWING NO: PROJECT No: APPROVED BY: CHECKED BY:DRAWN BY: DESIGNED BY: REPORT PWD-018-21 ATTACHMENT NO. 2 MAR 2021 E.L. 2115HighwayRudellRoadGivenRoad Regional Highway 2 PedwellStreetGradyDrive CobbledickRoadErskineDriveRutherfordDrive115H ighw ayE GIVEN ROAD E 1:2,200 KEY PLANNEWCASTLE H IG H W A Y 115KING AVENUE WEST Legend To be Closed and Conveyed Future Access to 302 Given Road through Proposed Development RUDELL ROAD# 208 # 302 Attachment 3 to Report PWD-018-21 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 Ext. 2131 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2021-XXX Being a by-law to authorize the closure and conveyance of a road allowance and the conveyance of a road allowance. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report PWD-018-21, 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 Lot 31, Con 2, Part 3, 40R-31354; Part of Lots 31 & 32, Con 2, Part 5, 40R-31354; Pt Lot 32, Con 2, Part 8 40R-31354; and Pt Lot 31, Con 2, Part 12, 40R-31354 (in the former Township of Clarke), now in the Municipality of Clarington, are hereby closed; and 2. That the Municipal Solicitor be authorized to take all action necessary to effect the transfers of Part of Lot 31, Con 2, Part 3, 40R-31354; Part of Lots 31 & 32, Con 2, Part 5, 40R-31354; Pt Lot 32, Con 2, Part 8 40R- 31354; and Pt Lot 31, Con 2, Part 12, 40R-31354. Passed in Open Council this XX day of XX, 2021. _______________________________ Adrian Foster, Mayor _______________________________ June Gallagher, Municipal Clerk