HomeMy WebLinkAboutEGD-040-13 Clarington REPORT
ENGINEERING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 9, 2013 Resolution#: �� By-law#: Al 3 -1
Report#: EGD-040-13 File#:
Subject: PROPOSAL TO CLOSE AND CONVEY TWO ADJOINING RIGHT-OF-WAYS
SITUATED IN LOT 17 CONCESSION 5, 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-040-13 be received;
2. THAT the applicant pay all advertising, legal, appraisal and $31,421 in land costs
associated with this transaction;
3. THAT Council pass the by-law attached to Report EGD-040-13 to close
and convey two adjoining unopen right-of-ways being two lanes created by Plan
H50066 and Plan H50067 situated in Lot 17, Concession 5, former Darlington
Township (Hampton) to 562503 Ontario Limited; and
4. THAT 562503 Ontario Limited and Honey Harbour Estates Ltd. and any
interested party be notified of Council's decision.
Submitted by: Reviewed by:
A.S. Cannella, C.E.T. Franklin Wu,
Director, Engineering Chief Administrative Officer
Services
ASC/LJB/bc/jb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-040-13 PAGE 2
1. BACKGROUND
1.1 In June 2013, Council passed a resolution to implement the recommendations of
Report EGD-023-13; specifically: to approve in principle the closure and
conveyance of two adjoining unopen right-of-ways being two lanes created by
Plan H50066 and H50067 situated in Lot 17, former Township of Darlington
(north side of Ormiston Street, Hampton-see Attachment 1).
1.2 The proposed closure and conveyance was requested by the Municipality to
facilitate the development of lands on the north side of Ormiston Street which are
the subject of eight land division applications.
1.3 Since Council approved the road closure and conveyance in principle, all
departments, utilities, agencies and provincial and federal authorities have been
circulated with the notice to close the road allowance (as per municipal policy). No
objections were received. The Municipality undertook an appraisal of the road
allowance (at the applicant's expense), and the two parcels were appraised at a
value of $31,421 by the Municipal appraiser. The applicant is agreeable to this
price and will be making payment to the Municipality prior to passing the
appropriate by-law (attachment#2). The appraisal report is on file in the
Engineering Services Department road closure files.
1.4 In accordance with municipal policy, a public meeting has been scheduled for
December 9, 2013 to give the public an opportunity to speak for or against the road
closure.
1.5 In accordance with the recommendations of Report EGD-023-13, staff recommend
that the two unopen road allowances be closed and conveyed to the applicant for
the appraised value of$31,421 plus all other applicable costs.
2. CONCURRENCE - Not Applicable
3. CONCLUSION
3.1 It is recommended that, subject to any input received at the public meeting,
Council authorize the closure of the subject unopen lanes and their conveyance to
562503 Ontario Ltd. For the appraised value plus applicable costs as deemed by
the Director of Engineering Services.
REPORT NO.: EGD-040-13 PAGE 3
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, P. Eng. Manager, Development Engineering and Traffic
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft By-law
List of interested parties to be advised of Council's decision:
562503 Ontario Ltd.
Honey Harbour Estates
513 Westney Road South, Unit 4
Ajax, Ontario
L1 S 6W8
And any individuals who appear at the Public Meeting.
Right-of-Wa I to be
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DRAWN BY: E.L. DATE: Nov.29,2013
Taunton Rd. REPORT EGD-040-13
KEY MAP ATTACHMENT NO. 1
G:Wttachments\Ormiston Closure.mxd
Attachment 2
To Report EGD-040-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-XXX
Being a by-law to stop up and close and to authorize the
conveyance of a road allowance.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-040-13, 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 the unopened road allowances
created by Plan H50066 and Plan H50067, being Part of Lot 17,
Concession 5, now Parts 1, 3, 4 and 5 on Plan 40R-XXXXX, (in the former
Township of Darlington), now in the Municipality of Clarington, is hereby
stopped up and closed; and
2. That the Municipal Solicitor be authorized to take all action necessary to
effect the transfer.
BY-LAW passed this day of December, 2013.
Adrian Foster, Mayor