HomeMy WebLinkAboutWD-39-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: SEPTEMBER 20, 1993 Res.
Report#: File #: __ZA_2_._1_0_.01 lay-Law#
Subject: APPLICATION FOR CLOSURE AND CONVEYANCE
NEALE AND SHIRLEY MCLEAN
PART OF THE UNNAMED LANE - BLOCK "All
HANNINGIS PLAN
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-39-93 be received;
2 . THAT staff be authorized to advertise a public hearing
required by the Municipal Act to stop up, close and convey
part of the Unnamed Lane in Block "All Hanning's Plan, former
Bowmanville;
3 . THAT, if following such Hearing, Council decides to pass the
by-law to stop up, close and convey the laneway, the Mayor and
Clerk be authorized to execute the necessary documents to
complete the closure and conveyance;
4 . THAT the portion of the unnamed lane to be stopped up and
closed be conveyed to Neale and Shirley McLean at the nominal
cost of $2 plus all costs associated with the application; and
5 . THAT Neale and Shirley McLean be advised of Council's
decision.
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REPORT NO. : WD-39-93 PAGE 2
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
2.0 BACKGROUND
2 . 1 On March 5, 1993, the Public Works Department received an
application to close and convey the unnamed lane, Block 'A' ,
Hanning's Plan, from Neale and Shirley McLean.
2 .2 Neale and Shirley McLean have made application for draft plan
approval to develop their lands which abut the westerly
boundary of the unnamed lane (Attachment No. 1) .
2 . 3 Access to the proposed McLean development is planned by
extending Tilley Road (Plan 1OM-830) . Tilley Road, if
extended, must cross the unnamed lane. The portions of the
unnamed lane to the north and south of Tilley Road are
proposed to be merged with the McLean lands and developed as
building lots (Attachment No. 1) .
- 3.0 REVIEW AND COMMENT--------- ---- ---
3 . 1 Circulation
The subject application was circulated to all departments,
agencies and authorities . No objections were received with
respect to this application.
3.2 Appraisal Report
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Section 8 . 2 of the Policy for the Closure and Conveyance of
Municipal Road Allowances states that if the applicant is
applying to close a road laid out on a registered plan and is
proposing to develop the lands under a Subdivision Agreement,
the applicant must pay for only that portion of the road which
will be closed and used for the development of marketable
property.
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REPORT NO. : WD-39-93 PAGE 3
The total area of the unnamed lane is 0 . 1488 acres . The area
of the unnamed lane which would be used for the development of
marketable property is 0. 1194 acres.
A report prepared by Durham Appraisal Services Inc . has
appraised the market value of the 0. 1194 acres at $16,000.
3.3 The Problem
Schickedanz Bros . Limited acquired the easterly half of the
unnamed lane in 1989, during the process of receiving
development approval for Plan 1OM-830. The unnamed lane was
not closed and conveyed by by-law, however, Schickedanz Bros.
Limited during the process of registering the lands (10M-830)
from the Land Registry to Land Titles, acquired title to the
municipally owned property. The Town's solicitor reviewed the
matter with the Registrar, however, there was no satisfactory
solution or explanation provided. The Town's solicitor
suggested that to pursue the matter further would serve no
satisfactory purpose and would be an expense to the
Municipality. In addition, at the time the lands were
acquired by Schickedanz, - the- Municipality's policy was to
convey closed portions of public highway for a nominal cost.
Since the normal legal process was not followed, (that is, to
close and convey the unopened road allowance by by-law in
accordance with the Municipality's Policy and Procedure for
Road Closure and Conveyance) , the McLeans were not given the
opportunity to acquire the westerly half of the laneway. At
that time, the McLeans may have been
y granted conveyance at
nominal cost.
4.0 CONCLUSIONS AND RECOMMENDATIONS
4 . 1 In view of the unusual circumstances in this application, it
is recommended that if, after the public hearing, Council
decides to pass a by-law to close and convey the unnamed lane
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REPORT NO. : WD-39-93 PAGE 4
to the McLeans, that the compensation be set at a nominal sum
of $2 plus all costs associated with the application.
Should Council not agree with the recommendation and decide
that the applicant should pay the market value in accordance
with the approved policy, the compensation to be paid by the
applicant should be $16,000 plus all costs associated with the
application.
Respectfully submitted,
Walter A. Evans, P.Eng. ,
Director of Public Works
JCO*WAE*ph
September 8, 1993
Attachment
pc: Neale and Shirley McLean
175 Liberty Street North
Bowmanville, Ontario
L1C 2M2
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ATTACHMENT NO.
KEY MAP
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