HomeMy WebLinkAboutEGD-023-13 Clarftwn REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 24, 2013 Resolution#: r`' � LL'�3 By-law :
Report#: EGD-023-13 File#:
Subject: PROPOSAL TO CLOSE AND CONVEY TWO ADJOINING RIGHT-OF-WAYS
SITUATED IN LOT 17 CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON (HAMPTON)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-023-13 be received;
2. THAT Council approve in principle the closure and conveyance of two adjoining
unopen right-of-ways being two lanes created by Plan H50066 and Plan H50067
situated in Lot 17, Concession 2, former Darlington Township (Hampton);
3. THAT the applicant pay all advertising, legal, appraisal and land costs associated
with this transaction; and
4. THAT 562503 Ontario Limited and Honey Harbour Estates Ltd. be advised of
Council's decision.
Submitted by: Reviewed by:
A.' . Cannella, C.E.T. Franklin Wu,
Director, Engineering Chief Administrative Officer
Services
ASC/LJ B/dv
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-023-13 PAGE 2
1.0 BACKGROUND
1.1 562503 Ontario Limited and Honey Harbour Estates Ltd. are the owners of lands
situated on both sides of two adjoining municipal right-of-ways in Lot 17
Concession 5, former Township of Darlington; specifically, running north and
west from Ormiston Street in Hampton (see Attachment 1). The north-south
right-of-way is approximately 9.1 m x 523m. The adjoining east-west right-of-way
is approximately 5m x 150m. These right-of-ways were lanes created by Plan
H50066 and Plan H50067, but the lanes were never opened nor used for
Municipal purposes.
1.2 In 2010, Clarington Council approved an Official Plan Amendment and a
Rezoning to the then-owner of the lands in order to allow for the future
development of eight residential lots. In September 2012, the owner applied to
Durham Region to sever the lands into eight lots, retained lands and opens
space (to be retained by the owner). The Municipality required (among other
things) that the applicant apply to Clarington to close and convey the unopen
right-of-ways since the Director has determined that the right-of-ways are unlikely
to be required for municipal purposes. The closure and conveyance would
eliminate the existence of the unmaintained municipal lands which would be
added to two residential lots and the open space.
1.3 An application has been received-to-close-and convey these right-of--ways, and
the applicable application fee has been received.
2.0 MUNICIPAL POLICY AND PROCEDURE FOR ROAD CLOSURES
2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, in
addition to the submission of the application and the payment of the application
fee, the following procedure must occur:
• Council must approve, in principle, the closure and conveyance.
• The applicant must pay all legal and appraisal fees.
• The applicant must submit the written consent of the abutting property owners
(none in the case).
• Staff must circulate the application to all Clarington departments, Durham
Region, agencies, utilities, Conservation Authority and all other authorities in the
Policy's circulation list.
• The applicant must submit an R-Plan for the right-of-ways which are to be closed
and conveyed.
• The Municipality will retain a qualified land appraiser to conduct the appraisal and
provide a report.
• The applicant must pay the appraised value of the land to the Municipality.
• A public Notice must be advertised which outlines Council's intention to close the
right-of-ways.
• Council must give final approval of the closure and conveyance, and pass the
necessary by-law to authorize the Municipal Solicitor to finalize the transaction.
REPORT NO.: GD-023-13 PAGE 3
3.0 CONCURRENCE - all Municipal Departments through the circulation process.
4.0 CONCLUSION
4.1 The Director of Engineering Services has required, through the application for
severance, that 562503 Ontario Limited and Honey Harbour Estates Ltd. apply to
close and convey the unopened right-of-ways currently situated in their lands.
The applicant has paid, or will pay prior to processing their application, all fees
required to proceed with the application. The applicant will be supplied with a
copy of the appraisal report for the lands, and the value of the lands must be paid
to the Municipality prior to any further action. Subsequent to the receipt of the
payment for lands, a final report to Council will be prepared for its approval of the
closure and conveyance of the two adjoining right-of-ways and for the passing of
the necessary by-law.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Development Engineering Traffic Manager
Attachments:
Attachment 1 - Key Map and Location Plan
List of interested parties to be advised of Council's decision:
562503 Ontario Limited and Honey Harbour Estates Ltd.
Right-of-Wa to be
Closed and C nveyed
(5m x 15 m)
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DRAWN BY: E.L. DATE:June 12,2013
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Taunton-Rd. REPORT EGD-023-13
KEY MAP AT'T'ACHMENT N®. 1
G:\Attachments\Ormiston Closure.mxd