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Engineering Services
Report
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Report To: General Government Committee
Date of Meeting: June 17, 2019
Report Number: EGD -012-19 Resolution: GG -401-19
File Number: C.02.30.006 By-law Number:
Report Subject: Proposal to Close and Convey a Portion of a Road Allowance (Given
Road) Situated in Lot 30, Concession 2, Former Township of Clarke
Recommendations:
That Report EGD -012-19 be received;
2. That the application by Tornat Newcastle Limited to acquire portions of the road
allowances of Given Road and McDonald Crescent in Newcastle be approved by
Council to advance to the next steps identified in the road closure and conveyance
process; and
3. That all interested parties listed in Report EGD -012-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report EGD-NNN-19
Report Overview
Page 2
The Director of Engineering Services has determined that this portion of the road allowances
(Given Road and McDonald Crescent) are surplus to the needs of the Municipality. The
subject portions are required by Tornat Newcastle to facilitate their development proposal.
1. Background
1.1 Tornat Newcastle Limited ("Tornat") is the owner of lands situated on the south side of
an unopened portion of Given Road in Newcastle. A draft plan of subdivision has been
approved for the lands owned by Tornat. Tornat's development proposal contemplates
the approval of Council for the closure and conveyance of portions of Given Road and
McDonald Crescent. The portions of these roads that are proposed to be closed and
conveyed are depicted in Attachment No. 1. The portion of the Given Road allowance
that remains in Municipal ownership will form part of a future municipal road that will
provide access to the Tornat development. A small portion of the McDonald Crescent
Right -of -Way will also need to be closed and conveyed to facilitate a realignment of the
Municipal road.
1.2 Council previously endorsed a road closure request for the subject section of Given
Road in 2011, however the development proposal has been modified since that time.
1.3 Tornat has submitted the formal Application for Road Closure and Conveyance that is
required under current municipal policy.
2. Next Steps for Policy and Procedure Road Closure and
Conveyance
2.1 The Application for Road Closure and Conveyance has been submitted to the
Municipality. The Director has made a determination that the road allowance is surplus
for public highway purposes and that the closure is necessary to facilitate development
of an approved plan of subdivision and related site plan.
2.2 If Council approves the closure and conveyance in principle, Tornat will be required to
pay the application fee of $500, the cost of an appraisal, advertising fees, reference
plan fees and legal fees and disbursements. The applicant shall make a payment to the
Municipality of these costs as estimated by the Director.
2.3 Upon receipt of the payment of estimated costs, the Director shall circulate the
application to all appropriate parties and agencies. If no requirements or concerns are
submitted, the processing of the application shall proceed. If requirements are noted,
the agency requirements must be addressed prior to proceeding.
2.4 The Director shall retain a qualified independent appraiser to determine the value of the
road allowance. Once the appraisal has been received by the Municipality, the applicant
shall be informed of the appraised value. If the applicant wishes to proceed, the
appraised land value must be paid to the Municipality.
Municipality of Clarington Page 3
Report EGD-NNN-19
2.5 The applicant will be required to prepare and register a reference plan for the lands to
be conveyed. This plan must be reviewed and approved by the Director prior to being
deposited.
2.6 Once the land value has been received and the reference plan deposited, staff will
prepare a final report to Council with a recommendation concerning the application.
Council will then consider whether to pass the appropriate by-law to authorize the
completion of the transaction.
2.7 In accordance with By-law No. 2005-022, the Municipality shall give public notice of its
intention to close and convey the road allowance. A public meeting shall be held by
Committee to hear from any parties interested in the proposed closure and conveyance.
3. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
4. Conclusion
It is respectfully recommended that Council approve that the application by Tornat
advance to the next steps identified in the road closure and conveyance policy.
5. Strategic Plan Application
Not applicable.
. A -.
Submitted by.
Anthony Cannella,
Director of Engineering Services
Reviewed by: 9
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Karen Richardson, Manager of Development Engineering, 905-623-3379
ext.2327 or krichardson@clarington.net
Attachment 1: Given Rd Closure and Conveyance Key Map
The following is a list of the interested parties to be notified of Council's decision:
D.G. Biddle & Associates Limited
Lindvest Property (Clarington South) Limited
Tornat Newcastle Limited
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Attachment 1 to Report EGD -012-19
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