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Home My WebLink AboutPWD-003-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: November 9, 2020 Submitted By: Steve Brake, Director of Public Works Reviewed By: Andrew C. Allison, CAO File Number: RC.D.01.34 Report Number: PWD-003-20 Resolution#: GG-420-20 By-law Number: Report Subject: Proposal to Close and Convey a Portion of an Unopen Road Allowance (Found Farm) Situated Between Lot 34 & 35, Concession 1, Former Township of Darlington Recommendations: 1. That Report PWD-003-20 be received; 2. That Part 1 on Plan 40R-31088 of the road allowance between Lots 34 & 35, Con 1, found at Attachment 1 be declared surplus and conveyed to Tribute (Prestonvale) Ltd. for the appraised value; 3. That the applicant pay all applicable costs and fees for the preparation and registration of the transfer, including HST; 4. That Council approve the draft By-law found at Attachment 2 to Report PWD-003-20 to close and convey Part 1 of the road allowance between Lots 34 & 35, Con 1, on Plan 40R-31088; and 5. That all interested parties listed in Report PWD-003-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PWD-003-20 Report Overview Page 2 The following is a report that recommends that a portion of the unopened road allowance situated between Lots 34 and 35, Concession 1, former township of Darlington be declared surplus and be closed and conveyed to the adjacent property owner. The subject portion is required by Tribute (Prestonvale) Ltd. to facilitate their development proposal within the Southwest Courtice Secondary Plan Area. 1. Background 1.1. On December 19, 2019, Council passed Resolution #GG-55-26 to provisionally approve the closure and conveyance of the unopened road allowance. The road allowance in question is in the vicinity of Prestonvale Road in Courtice. 1.2. As indicated in Report EGD-017-19, the Acting Director of Engineering Services at the time had reviewed the application and determined that the portion of the road allowance is not required for Municipal purposes. 1.3. The applicant has paid the application fee of $500 and has completed reference plan 40R-31088 found at Attachment 1. The applicant has also paid for an appraisal obtained by the Municipality. The application has been circulated to all appropriate parties and agencies with no outstanding concerns. 1.4. The applicant has agreed to compensate the Municipality for the appraised value. 2. Value 2.1. The appraisal was completed on March 11, 2020. The appraised value will be circulated to Council in a confidential memorandum to accompany this report. 3. Road Closure 3.1. Subsection 34(1) of the Municipal Act, 2001 provides that "a by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office". Upon Council's enactment of the road closure by-law found at Attachment 2, the Municipal Solicitor will submit it to the land registry office for registration. Municipality of Clarington Page 3 Report PWD-003-20 4. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council close and convey the surplus road allowance for the appraised value plus applicable costs and approve the draft By-law. Staff Contact: Karen Richardson, Development Manager, 905-623-3379 x2327 or krichardson@clarington.net. Attachments: Attachment 1 — Reference Plan 40R-31088 Attachment 2 — Draft By-law 2020-XX Interested Parties: The following interested parties will be notified of Council's decision: Tirbute (Prestonvale) Ltd. Attachment 1 to Report PW-003-20 REGISTERED PLAN 401M-2201 REGISTERED PLAN 4OM-2113 r f BLOCK 168 — - PUlV 2E939-6576 LOT 88 7 1 JnI PART 1, _ — PAN 40R-,9318---4 PART 1, PLAN ? FIN 26939-053 1 40R E ANC -LE 30910 _ _/� JJ�� BLOCK 166 C ~ ~ rLOT 9V � R.�WM-2113� J I a LLJ � �e] � f�a] IJo L.g1 BLOCK 96 �N71 0'tr] -I�~{L N71"4010°,<?F I.P39MEASJ 0 (C.3m RESERV[] 10 D6 — - I — 10.96 LP!&MEAS, 10.07 IP-) W U a z ± 00 N N 4, PIN L LJ U z 0 U PART 1 ml I� H PIN 76939 a IT Ti Ie Pp;E AND 'MRE FLsQL o P. sa N69'S0'30"E is O1 (PI,P20AE4511 iJDI) 7 LLI LJJ 23 2fi939 •065T� � �Pl.^1 76939 ry -0052 ;R) -0050 1 02B G. I PLAN OF SURVEY OF PART OF THE ROAD ALLOWANCE BETWEEN LOTS 34 AND 35 CONCESSION 1 (GEOGRAPHIC TOWNSHIP OF DARLINGTON) NOW IN THE MUNICIPALITY OF CLARMTON REGIONAL MUNICIPALITY OF DURHAM SCALE 1 1000 20 0 so W 6o meVes J.D. BARNES LIMITED METRIC DISTANCES RsuBTIS OD0ocU Eco°`4R�o To EEErarO&AINY 0.ARE34eEFE . NOTES ARINGS ARE ufm ORD, REAL TIME NETWORK (RTN )IVCESERVATIONSELI FROM E U?M ZONERVED R17, NRD8,1 (C RS) D B. BY ( 8D' 0.01 DISTANCES ARE GROJND AND CAN BE. CONVERTED TO GRID BY MUCTIPLI;NO BY THE COMBINED SCALE FACTOR OF 0.99997665. FOR BEARING COMPARISCN5, THE FOLLOWING ROTATIONS WERE APPLIED TO CONVERT TO LAUD BEARINGS. T� PLAN _ COUNTER•CLCCI(VNSE RO?ATION P2 _ 129'20" P3, :P4 I1'31'1U' LEGEND • DENCTES SURVEY UCNUMENT FDUND DENCTES SURVEY VCNI.MENT SET 9B DENOTES STANDARD IRCN BAR IB DENOTES 'RON BAR MEAS DENOTES REASJREO JD DENOTF$ J.D. BARNES LIMITED "05 DENOTES 0DNEVAN k FLEISGiMANN LTD.. C.1.5. P1 DENCTES 'LAN OF SURVEY BY JA. BARNES LIMITED DATED SEPTEMBER 1. 2017 F,[ DENCTES PLAN OF SURVEY BY C[tl1EVAN AND ELEISCHMANN L�.,C LS. GATED AJOI 6, 19sS P3 DENCTES P4 DENCTES PLAN 4OR-215.91 REGISTERED PLAN 4OM-2113 SURVEYOR'S CERTIFICATE CERTIFY THAT, 1. THIS SURVEY AND PLAN AK CORRECT AND A ACCORDANCE wTH THE SJRbFYS ACT, THE SURVEYORS ACT .AND THE REGISTRY ACT AND THE REGULATIONS MADE UNDER 'HEM. 2, THE 9JRVEY WAS COMPLETED ON OC70BER 6. ZOZO. DATE G.C. LAFRAMIDDSE ONTARIO LAND SJRVEYOR Attachment 2 to Report PW-003-20 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 Ext. 2131 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON y�eWATIVI►[*)111111801 PZ1DPP'1 Being a by-law to authorize the closure and conveyance of a road allowance and the conveyance of a road allowance. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report PW-003-20, and deems it desirable to pass this by-law; and NOW THEREFORE be it enacted and it is hereby enacted as a by-law of the Corporation of the Municipality of Clarington as follows: 1. That the property described as Part of the road allowance between Lots 34 and 35, Con 1, Part 1 on Plan 40R-31088, (in the former Township of Darlington), now in the Municipality of Clarington, is hereby closed; 2. That the Municipal Solicitor be authorized to take all action necessary to effect the transfer of Part of the road allowance between Lots 34 and 35, Con 1, Part 1 on Plan 40R-31088. Passed in Open Council this day of November, 2020 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk