HomeMy WebLinkAboutPD 31-06
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: PO 31-06
Date: May 8,2006
From:
Neil Carroll
Director, Planning & Development Department
Subject:
Disposal of Surplus Lands
- Blocks 26,27,28 and 29, Plan 40M-1774, Pickering
- Transfer of Landlocked Blocks to Stonebridge Lane Residents
- File: L4650-019
Recommendation:
A Resolution should be passed to:
(a) declare the lands described as Blocks 26,27,28 and 29, Plan 40M-1774 surplus
to the needs of the Corporation for the purpose of sale, for nominal
consideration, to the abutting owners fronting Stonebridge Lane; and
(b) authorize the Mayor, City Clerk, Director, Planning & Development and the City
Solicitor to obtain all relevant documentation and execute all documentation
required to effect the sale of Blocks 26, 27, 28 and 29, Plan 40M-1774 to the
abutting owners, subject to any required easements.
Executive Summary: It has been determined that the subject lands are no longer
required by the City. In accordance with the Municipal Act and the City's Acquisition
and Disposal of Land Policy, it is recommended that a Resolution be passed to declare
the blocks surplus to the needs of the Corporation for the purpose of sale to the
abutting owners.
Financial Implications:
Legal Fees (City's cost)
Approximately $500.00
029
Report PO 31-06
Date: May 8, 2006
Subject: Disposal of Surplus Lands
Page 2
Background: In 1993 the City entered into a Subdivision Agreement with Stolp
Homes regarding the development of Plan 40M-1774. That Agreement provided for the
conveyance of Blocks 26 to 30 to the abutting owners (residents fronting Stonebridge
Lane - Plan M-1017) within 30 days of the registration of the Plan of Subdivision. The
City was provided with copies of the Agreements of Purchase and Sale between Stolp
Homes and the abutting owners, however the conveyances were never finalized by
Stolp, leaving these blocks landlocked and undevelopable (see Location Map,
Attachment #1 ).
In 2000, Blocks 26 to 29 were acquired by Roni Excavating (a creditor of Stolp Homes) and
Block 30 was acquired by a private individual through a Sheriffs sale. All five (5) blocks
remained in these ownerships until early 2005 when they were processed through the City's
property tax sales procedure. Block 30 was sold to the owner of 591 Stonebridge Lane
through that tax sales process. Blocks 26 to 29 were not sold, and transferred to the
ownership of the City.
On November 7, 2005, Resolution 203/05 was passed by Pickering Council concurring
with the recommendation of the Chief Administrative Officer to proceed with declaring
Blocks 26 to 29 surplus to the needs of the Corporation and conveying them to the
abutting owners fronting Stonebridge Lane as set out in the Subdivision Agreement
entered into in 1993 (see Resolution, Attachment #2).
City staff have been in contact with the landowners on Stonebridge Lane and all parties
are interested in the acquisition of these blocks, for nominal consideration. It should be
noted that the owners of 721 Sandcastle Court have submitted correspondence
expressing an interest in acquiring Block 29, 40M-1774 and merging it with their
easterly-abutting property (see Attachment #3).
Accordingly, to implement the direction provided through Resolution 203/05, a
Resolution should be passed to:
(a) declare the lands described as Blocks 26,27,28 and 29, Plan 40M-1774 surplus
to the needs of the Corporation for the purpose of sale, for nominal
consideration, to the abutting owners fronting Stonebridge Lane; and
(b) authorize the Mayor, City Clerk, Director, Planning & Development and the City
Solicitor to obtain all relevant documentation and execute all documentation
required to effect the sale of Blocks 26,27,28 and 29, Plan 40M-1774, subject
to any required easements.
Report PO 31-06
030
Date: May 8, 2006
Subject: Disposal of Surplus Lands
Page 3
Attachments:
1 . Location Map
2. Resolution 203/05
3. Correspondence from the owners of 721 Sandcastle Court
Prepared By:
Approved I Endorsed By:
'"1
D~ ~y~1n~or
Property & Development Services
Neil arrol
Director, Planning & Development
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mïlis Paterson
Director, Corporate Services & Treasurer
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Attachments
Copy: Chief Administrative Officer
City Solicitor
Coordinator, Business Development & Investment
Recommended for the consideration of
Pickering City Council \
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DATE: NOV. 1, 2005
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ATTACHMENT,,62ro
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032
,CORPORATE SERVICES DEPARTMENT,
. ',.,. CLER~S'DIVISION
Clerk to ActiOn - Copy of
-Correspondence to Follow
Receive as Information
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Debi A. Bentley ()
Copy:
Director, Corporate Services & Treasurer
Division Head, Corporate Projects & Policy
Taylor, Ron
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From:
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Subject:
033
Lawrence Servos [beverleyhendry@sympatico.ca]
March 8, 2006 9:12 PM
Taylor, Ron
Ashe, Kevin -- Telus Blackberry; Brenner, Maurice, Councillor
Fwd: Inquiry - Landlocked City-owned land
11
neighbourhood
plan.pdf (1 MB)
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Mr. Taylor,
My wife and I have owned the property adjoining east of block 29 (roll
no. 010029231050000, see attached pdf reference map) for 12 years.
Over that period the City has sold through bankruptcy proceedings, been
owed taxes on, and is now in the process of declaring the land surplus.
In short, the City has been unable to attract interest to buy this
land from any of the adjoining properties, until now. Council is now
in the process of declaring the land surplus, and has advised City
staff to convey this block to the adjoining property on Stonebridge Dr.
Council's direction to staff was to return the properties to the
Stonebridge residents as intended in the original subdivision plan.
This rationale is not entirely correct. My recollection in speaking
with the property owners on Stonebridge and with the Sandcastle
subdivision developer representative (Stolp Homes) was that a large
retaining wall along this strip would have provided a terraced, leveled
extension to the properties on Stonebridge, Stolp Homes reneged on
this plan, and obtained permission from the city to grade the lots to a
2:1 slope, This decision made it acceptable for my wife and I to by
the adjoining property at 721 Sandcastle Crt, as the steep block
provided a sufficient privacy buffer from the extreme difference in
elevation between the two properties (see photo below). Subsequent
actions by the City to sell block 29 in order to manage the issues
arising over the ownership of this block was ignored by both ourselves
and the property owner on Stonebridge because the property has no
useful function, and we believed that the City resolution would
encompass all of the adjoining properties. Given the City is now
proceeding to convey block 29 to the property on Stonebridege, we have
since acquired an interest in joining block 29 to 721 Sandcastle Crt.
Consistent with our written requests over the past year we request that
the City:
1. convey block 29 to us, the owners of 721 Sandcastle Crt., (for
which we would be willing to pay the legal costs), or
2. allow us to purchase block 29 at a reasonable cost.
In closing, I would ask that the City reconsider its decision to convey
block 29 to the adjoining property on Stonebridge, as it does not
satisfy the original intent of the subdivision. I believe that the
appropriate action for Council is to direct the City to offer block 29
for sale to all of the adjoining lots.
Yours sincerely,
Lawrence Servos, P.Eng.
Beverly Hendry, M,Sc.
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