HomeMy WebLinkAboutLGS-028-24Staff 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
3, 2024June Report Number: LGS-028-24
Colin Lyon, Associate Solicitor
Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Mary-Anne Dempster, CAO By-law Number: 2024-036
Resolution Number: GG-106-24
RC.C.04.22/23
Date of Meeting:
Authored by:
Submitted By:
Reviewed By:
File Number:
Report Subject: Surplus Declaration of Unopened Road Allowance between Lots 22 and
23, Concession 4, Former Township of Clarke
Recommendations:
1.That Report LGS-028-24 be received;
2.That the unopened road allowance between Lots 22 and 23, Concession 4, Former
Township of Clarke described in Report LGS-028-24 is 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-028-24 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report LGS-028-24
Report Overview
This report recommends the sale of a portion of an unopened municipal road allowance
located between Lots 22 and 23, Concession 4, Former Township of Clarke to James
William Hale and Carolyn Lorraine Hale (the “Applicant”) in accordance with the Council
approved Road Closure and Conveyance Policy CP -004.
1. Background
1.1 The Applicant has applied to purchase the unopened road allowance located between
Lots 22 and 23, Concession 4, former Township of Clarke (the “Road Allowance”).
1.2 The dimensions of the Road Allowance are approximately 66 feet by 7,000 feet.
1.3 The Applicant’s objective is to increase the economic potential of the property by
expanding the existing apple orchard to include the unopened road allowance .
1.4 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. Next Steps
2.1 If the sale is approved by Council, the Road Allowance will be surveyed and appraised
in accordance with the Road Closure and Conveyance Policy CP-004.
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.
Municipality of Clarington Page 3
Report LGS-028-24
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.
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:
James William Hale and Carolyn Lorraine Hale