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Home My WebLink AboutWD-28-93 Addendum UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # "I ILL Date: SEPTEMBER 7, 1993 Res. ADDENDUM TO By-Law ff Report#: File #: __C. Q$ . 2 L01 Subject: REQUEST FOR CLOSURE AND CONVEYANCE OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 AND 3, CONCESSION 8, FORMER TOWNSHIP OF CLARKE, TO MARIO VELTRI Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Addendum to Report WD-28-93 be received; 2 . THAT the recommendations in Report WD-28-93 (Attachment No. 2 ) be approved; and 3. THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council's decision. REPORT 1. 0 ATTACHMENTS No. 1: Key Map No. 2 : Report No. WD-28-93 2.0 BACKGROUND 2 . 1 Report WD-28-93 (Attachment No. 1) was considered by the General Purpose and Administration Cbmi6ittee on July 5, 1993 . Resolution GPA-425-93 approved the recommendations in Report WD-28-93, as follows: REPORT NO. : ADDENDUM TO WD-28-93 PAGE 2 "THAT Report WD-28-93 be received; THAT the request to stop-up, close and convey the subject unopened road allowance be denied; and THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council's decision. " 2 .2 At the Council Meeting of July 12, 1993, Sam Cureatz addressed Council on behalf of his client Mario Veltri, and requested that Council refer Report WD-28-93 back to staff for further review. Council passed Resolution #C-503-93: "THAT Report WD-28-93 be received and referred back to the Director of Public Works to meet with the applicant's agent and prepare a subsequent report to be submitted to the General Purpose and Administration Committee; and THAT Sam Cureatz be advised of Council's decision. " I 2 . 3 A meeting took place at 2 :00 p.m. on Friday, July 23, 1993, with Mario Veltri and myself. I Applicant's Reason for Requesting Closure and Conveyance Mario Veltri advised that he owns the property located between the east side of the forced road and the west side of the unopened road allowance. If he was able to purchase the road allowance and merge it with the property on the west side of I REPORT NO. : ADDENDUM TO WD-28-93 PAGE 3 the road allowance, a building lot would be created (Attachment No. 1) . Future Improvements to Thertell Road Thertell Road is a forced road which is deficient at the location of the unopened road allowance. It may be necessary in the future to realign Thertell Road and remove the sharp curves . There is an existing house at the northeast corner of Lot 3 and, if a house were constructed on the subject road allowance, realignment possibilities would be limited. 3.0 CONCLUSION The additional information provided to me by Mario Veltri does not, in my opinion, constitute a compelling reason to close and convey the unopened road allowance as requested. Therefore, my position and recommendation that the application to stop-up, close and convey the unopened road allowance between Lots 2 and 3, Concession 8, former Clerk Township, be denied is unchanged. Respectfully submitted, Recommended for presentation to the Committee, I Walter A. Evans, P.Eng. , Lawrence E. Kot f, Director of Public Works Chief Administ a ive Officer JCO*WAE*ph j August 23, 1993 Attachment i pc: Mr. Sam L. Cureatz Barrister & Solicitor 21 King Street East Suite 108 Newcastle, Ontario L1B 1H3 PROPERTY OWNED BY MARIO VELTRI t j B -"T PORTION J E C F U N() P E N E D THERTELL ROAD ROAD ALLOWANCE ii LOT 2 X//i �� //' - ROAD --------------- ------------------ /// __ _---- --------------- - -------------------- WAD) LJ xo L /��jam;;%�l UB JE C Tin 35 t(- KE (.::\Al 1ACHS\CLARKE\THERTELL J° of c ' HAWN BY: A DATE-JUNE 1993 Oil ATTACHMENT NO. l ADDENDUM TO WD-28-93 6 THE CORPORATION OF THE TOWN! OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JULY 5, 1993 Res. # Report#: WD-28-9 3 File #: C. 0 8 . 0 2 O l By-Law # Subject: REQUEST FOR CLOSURE AND CONVEYANCE OF UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 AND 3, CONCESSION 8, FORMER TOWNSHIP OF CLARKE, TO MARIO VELTRI Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-28-93 be received; 2 . THAT the request to . stop-up, close and convey the subject unopened road allowance be denied; and 3 . THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council 's decision. REPORT 1.0 ATTACHMENTS No. l:. Rey Map . No. 2 : Correspondence,, dated April 7; 1993, from. Sam Cureatz, Solicitor for -Mario Veltri: 2.0 BACKGROUND .2.1 Correspondence, dated. April 7, 1.993,. was received by the Public Works Department from..Sam.. Cureatz, Solicitor for Mario'. ATTACHMENT NO. 2 ADDENDUM TO WD-28-93 REPORT NO. : WD-28-93 PAGE 2 Veltri, requesting the subject road allowance be closed and conveyed to Mr. Veltri (Attachment No. 2) . 2 . 2 A preliminary review has been completed by the Public Works Department with respect to the Town's approved Policy for Closure and Conveyance of Public Road Allowances and we have reviewed the site to determine if the road allowance may be required in future or if there is a compelling reason to close and convey it. 2 . 3 The Policy for Closure and Conveyance of Public Road Allowances Council, at its meeting of October 26 , 1992 , amended the Policy for Closure and Conveyance of Public Road Allowances by adding Clause 5 .4 as follows : "5 . 4 Unless there is a compelling reason, rights-of-way which give access to Lake Ontario or to a stream or which are located in the rural area of the Town will not be closed and conveyed except where the right-of-way is within or abuts a proposed development, then such road closure application will be considered in conjunction with the development application. " To the best of our knowledge, there is no compelling reason to close the`' unopened road allowance and there is currently no proposed development of the abutting lands . 2 .4 Site Investigation The subject portion of the unopened road allowance runs parallel to the Forced Road (Attachment No. 1) . There is a very steep embankment between the existing Forced Road and the unopened. road allowance. Although -it is unlikely that a-road would be constructed on the actual unopened portion, t �� 35. REPORT NO. : WD-28-93 PAGE 3 improvements to the Forced Road may require the use of the granular fill material from the unopened road allowance and, due to the ground elevations, may require encroachment onto the unopened road allowance to achieve desired slopes. 3.0 CONCLUSION AND RECOMMENDATIONS 3 . 1 Since the road allowance in question is located in the rural area of the Town and there is no compelling reason to close and convey the road allowance; and since future road construction in the area may require fill from the subject road allowance, it is recommended that the request for closure and conveyance of the subject road allowance be denied. Respectfully submitted, Recommended for presentation to the Committee, (f Walter A. Evans, P.Eng. , Lawrence E. Ko ff, Director of Public Works Chief Administrative Officer JCO*ph June 23, 1993 Attachments pc: Sam L. Cureatz, Q.C. Barrister and Solicitor 21 Ring St. East, Suite 101 Newcastle,, Ontario L1B 1H3 j i i I I� 3.6 SUBJECT PORTION THERT ILL ROAD OF UNOPENED (FO,,RCFD ROAD) ROAD ALLOWANCE LOT 2 CON 8 LiJ 10 . C ROAD) cA_ C) ch-, cl- C) SUBJECT s_ iT k-oto C:\ATTACHS\DARL\THERTELL DRAWN -JUNE t99 3y. DATE :JUNE R Vil L ATTACHMENT NO. r KEY,MAP WD-28-93 K u Sam L. Cureatz, Q.C. Barrister and Solicitor Former-Minister of the Crown for the Government of Ontar;o Professional Building PHONE (416),987-3500 21 King St. East, Suite 101 FAX (476)987-3503 Newcastle, Ontario LIB 1H3 HONtE (415e) 983-5433- I April 7, 1993 Town of Newcastle Works Department 40 Temperance Street Bowmaavi.11e, Ontario L1C 3A6 Dear Sirs: Re: Ve] tr.i — Baptie R6ad' dllowance Please find enclosed a sketch of a part of ' 'a survey pertaining to Lot 2 and Tot 3, Concession 8, Tocnzship of Clarke. My client, -Mario Veltri owns approxmately 150 acres. Ther~ell Road- travels: from the west and then due south into a forced .road as 1 have circled in red. The road continues due east. There =s presently. an existing road allowance that runs due north from the forced read. This road allowance climbs an extremely high hill and the Works Department upon examination would confirm that it would never be opened. As a result, would the Works Department review this and make a recommendation about closing the road allowance and deeding half or all as required under the appropriate act to my client at fair market value. You;ve truly, ATTACHMENT NO. 2 ATE WD,28-93 SLC:jh Encl. cc'. �`ari_o Veltri iO3b