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HomeMy WebLinkAboutLGS-027-24Staff 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 June 3, 2024 Report Number: LGS-027-24 Colin Lyon, Associate Solicitor Rob Maciver, Deputy CAO/Solicitor, Legislative Services Mary-Anne Dempster, CAO Resolution Number: GG-100-24 Date of Meeting: Authored by: Submitted By: Reviewed By: File Number: Report Subject: RC.B.01.10.1 Surplus Declaration of 238 King Street East, Bowmanville Recommendations: 1.That Report LGS-027-24 be received; 2.That the unopened road allowance at 238 King Street East described in Report LGS-027-24 be declared surplus and conditionally approved for sale to the Applicant; 3.That the Applicant shall pay the cost to prepare and register a reference plan for the property to be conveyed; 4.That the Applicant shall pay the cost for the Municipality to obtain an appraisal of the property to be conveyed; 5.That the Deputy CAO/Solicitor is authorized to enter into an agreement of purchase and sale with the applicant with a purchase price consistent with the appraisal obtained for the value of the property, and any other terms considered necessary by the Deputy CAO/Solicitor; 6.That the Applicant shall pay the non-refundable processing fee; 7.That once all conditions have been fulfilled by the Applicant, the Deputy CAO/Solicitor shall prepare the necessary by-law to give effect to the closure and conveyance of the Road Allowance; and 8.That all interested parties listed in Report LGS-027-24 and any delegations be advised of Council’s decision. By-law Number: 2024-035 Municipality of Clarington Page 2 Report LGS-027-24 Report Overview This is a report that recommends the sale of a portion of an unopened municipal road allowance located at 238 King Street East in Bowmanville to the Bowmanville Professional Building Limited (the “Applicant”). 1. Background 1.1 The applicant has applied to purchase the unopened road allowance located at 238 King Street East in Bowmanville (the “Road Allowance”). 1.2 The dimensions of the Road Allowance are approximately 15.5 metres by 2 0.1 metres. 1.3 The Applicant’s objective is to allow for the reorientation of the one-way easterly ingress to their parking lot to create a two-way ingress/egress. 2. Next Steps 2.1 The Applicant has submitted the required application together with the initial application fee, and Staff have made a preliminary determination that the Road Allowance is surplus to the needs of the Municipality and recommend that it be sold. 2.2 Upon successful fulfilment of the conditions stipulated in the recommendations of this Report, the by-law to permanently close the Road Allowance will be presented to Council for enactment, and the sale will be finalized. 3. Financial Considerations 3.1 If approved, the proceeds of the sale will be deposited to the appropriate account as determined by the Finance and Technology Department. 4. Concurrence This report has been reviewed by the Deputy CAO, Planning and Infrastructure who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council approve the sale of the above noted property to the Applicant in accordance with the Council approved Road Closure and Conveyance Policy CP-004. Municipality of Clarington Page 3 Report LGS-027-24 Staff Contact: Colin Lyon, Associate Solicitor, 905-623-3379 ext. 2027 or clyon@clarington.net. Attachments: Interested Parties: The following interested parties will be notified of Council's decision: Bowmanville Professional Building Limited