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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) r 07 7� 20� � O d E o0ct o y 00 �� Right-of-Way to be o y Closed and Conveyed o ° P�EN�� (9.1 m x 523m) E�MONSON �2 Applicant's 7� Lands o- 5� O� s HAMPTON At � ® W ® King Ln. O�� S so 4 A �4„ L DRAWN BY: E.L. DATE:June 12,2013 a� Taunton-Rd. REPORT EGD-023-13 KEY MAP AT'T'ACHMENT N®. 1 G:\Attachments\Ormiston Closure.mxd