HomeMy WebLinkAboutWD-030-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting:
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 10 S
Date: JUNE 18,2001
Res. #6111-371-0 I
BY-Law#~/-/36
Report No.: WD-30-01
Subject:
APPLICATION TO CLOSE AND CONVEY PART 1 OF PLAN 40R-XXXX
ANDREW STREET, NEWCASTLE VILLAGE, TO MR. AND MRS. GLENN
RUNDLE, PART OF LOT 28, CONCESSION 2, FORMER TOWNSIDP OF
CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-30-0l be received;
2. THAT Part 1, Plan 40R-XXXX (shown on the Key Map - Attachment No.1), being part of
the unopened road allowance known as Andrew Street in Lot 28, Concession 2, former
Township of Clarke, be declared to be surplus property and the appropriate by-law be
passed;
3. THAT Staffbe authorized to advertise a public hearing required by the Municipal Act to
stop-up and close and authorize conveyance of part of the unopened portion of the road
allowance known as Andrew Street to Mr. & Mrs. Glenn Rundle;
4. THAT the total selling price of the surplus lands (part 1, Plan 40R-XXXX) be established at
$1,700.00 plus all costs associated with the transaction;
5. THAT, if following the public hearing, Council approves the by-law to stop-up and close
and convey Part 1, Plan 40R-XXXX, the Mayor and Clerk be authorized to execute the
necessary documents to complete the transaction;
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REPORT NO.: WD-30-01
PAGE 2
6. THAT the Clerk obtain written approval of the by-law to close and convey Part 1, Plan 40R-
XXX){, by registered mail, from the Region of Durham; and
7. THAT Mr. and Mrs. Glenn Rundle be advised of Council's decisiorL
REPORT
1.0 ATTACHMENTS
No.1: Key Map
No.2: Application to Stop-up and Close Part 1, Plan 40R-XXXX from Mr. and Mrs.
Glenn Rundle
Statement of Appraised Market Value
Waiver signed by Bernard and Narda Hoogkamp
Proposed by-law to declare lands surplus
Proposed By-law authorizing closure and conveyance of the subject road
allowance
No.3:
No.4:
No.5:
No.6:
2.0 BACKGROUND
2.1 Mrs. Nelda Rundle owns the house at 260 Mill Street North, which she inherited through the
estate of Myrtle Finlay, her mother. The house was constructed in or about 1900 and was
.
bnilt partially on the unopened portion of Andrew Street (part 1). The unopened road
allowance has never been closed and conveyed. This presents a title problem for the owners
of the house. In order to obtain clear title to the property Mrs. Rundle must obtain Part 1,
Plan 40R-XXXX, and has made application to close and convey Part 1. The north half of
the road allowance is entirely within the floodline of the Foster Creek (Attachment No.1).
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2.2 Abutting Property Owners
Bernard and Narda Hoogkamp are the abutting property owners (see Attachment No.1).
Mr. and Mrs. Hoogkamp signed a Waiver stating they do not wish to purchase the half of
the road allowance abutting their property and they have no objection to the sale of land to
Mrs. Rundle (Attachment No.4), provided is has no financial impact to them.
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REPORT NO.: WD-30-01
PAGE 3
2.3 Circulation of the Application to Agencies and Authorities
Comments received from the Planning Department and Ganaraska Conservation Authority
confirm that most of the north half of the road allowance is within the floodplain of Foster
Creek, which would therefore require permits for any future development. There were no
objections in regard to the application.
2.4 Appraisal
The appraised market value for the subject land to be conveyed to Mr. and Mrs. Rundle is
$1,700.00 <Attachment No.3).
3.0 CONCLUSION
3.1 Since the Public Works Department has determined that the subject road allowance will not
be required as part of the Municipality's transportation system, the subject road allowance
being Part 1, Plan 40R-XXXX is considered surplus. It is therefore recommended that staff
proceed to close and convey Part 1 to Mr. and Mrs. Glenn Rundle, at the appraised market
value plus all costs associated with this transaction and in accordance with Municipal Act.
Respectfully submitted,
Reviewed by,
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Stephen A. Vokes, P. Eng.,
DirectorofPublicVVorks
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Franklin VVu,
Chief Administrative Officer
JCO*SA V*ce
12/06/01
699029 .
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PART 1 OF
PLAN 40R-
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DRAWN BY: J.R.M
I DATE~JUNE 2001
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REPORT WD-30-01
ATTACHMENT NO.1
699030