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HomeMy WebLinkAboutWD-030-01 -.",'-'P' .", ~_,z 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; , 699027 ;"'R ~, . .~. 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). " 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. 699028 '. . . . 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, ~J.,.(/' Stephen A. Vokes, P. Eng., DirectorofPublicVVorks ~. ~0. 9-lc- Franklin VVu, Chief Administrative Officer JCO*SA V*ce 12/06/01 699029 . . , I / I / I I (v,<J;/ ty;? I /1 , I I , I ! / , / , I J/ / \ / \. ------- PART 1 OF PLAN 40R- \ \ \. "-...~_... \ \ PART 1 OF 40R__ IS PARTS 1 \ AND 2 OF PLAN OF SURVEY \ \ \ \ , , \ \ , \ \- \ \ \ \ \ \ \ \--- \ , , \ , , , , , , , rOUSE OWNED B MRS. RUNDLE I PART 1 ~ 't-~ ~ <l' 110 ~ I i 'I ~ I J , \ , \ ( VI LAGE / ~~ I / OF // / , NEWCASTLE ~ ArthU~~1 I SUBJf=~ ' 1'------) !~--'-l~ SITE I ~~171 \\, J, I, lif ~ I , \(1 \:'l II d~ , ' \ J ~StreetJ IL_J L KEY MAP I I-'l~- L 11{ 1Ir-+-E: 8 \ \, I' I- W W 0:: I- en -' -' :::;: DRAWN BY: J.R.M I DATE~JUNE 2001 , REPORT WD-30-01 ATTACHMENT NO.1 699030