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REPORT TO COUNCIL
FROM:
John Reble
Solicitor for the City
DATE: February 26,2002
REPORT NUMBER: L07-02
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SUBJECT:
Road Closing/Disposal of Lands
- Part of Lot 28, Range 3, BFC, Pickering
designated as Part 1, Plan 40R-21021 (Sheppard Avenue)
- File: REO115
RECOMMENDATION:
A by-law should be enacted to stop-up and close that part of Lot 28, Range 3 BFC, Pickering,
designated as Part 1, Plan 40R-21O21 for the purpose of conveying the lands to the abutting
owner for nominal consideration.
ORIGIN :
1. Written request from the abutting owner.
2. Resolution 09/02.
AUTHORITY: Municipal Act, RS.O. 1990, chapter MAS, sections 191,297 and 315.
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FINANCIAL IMPLICATIONS:
Advertising, Appraisal, Survey Costs and Legal Fees and Disbursements
(Purchaser Costs)
$2,000.00
EXECUTIVE SUMMARY:
It has been determined that the lands described as that part of Lot 28, Range 3, BFC, Pickering,
designated as Part 1, .Plan 40R-21O21 (Sheppard Avenue) are no longer required by The
Corporation and should be sold to the abutting owner. In this instance, because the portion of
land is laid out as a highway, the process to stop-up, close and sell the property must be in
accordance with the Municipal Act, which takes precedence over the City's Sale of Surplus Land
Policy.
BACKGROUND:
In 1967, the City acquired Part 1, Plan 40R-21O21 along Sheppard Avenue for future road
widening purposes (as shown on mapping attached). When the ultimate design for Sheppard
A venue was established, it was determined that the road widenings were no longer required by
the City.
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As the subject lands are dedicated as public highway, the process to stop-up and close them must
be done prior to their re-conveyance.
On January 21, 2002, Council passed Resolution 09/02 authorizing the Solicitor for the City to
commence the process of stopping-up and closing that part of Lot 28, Range 3 BFC, Pickering,
designated as Part 1, Plan 40R-21021 for the purpose of re-conveying the land back to the
abutting owner for nominal consideration.
008
Report to Council L07 -02
Subject: Road Closing/Disposal of Lands
Date: February 26,2002
Page 2
The appropriate notice has been published once a week for four consecutive weeks and the
provisions of the Municipal Act relating to the stopping-up and closing of a highway have been
complied with; there have been no objections to the road closing. It is therefore recommended
that:
1) a by-law be enacted to stop-up and close for the purpose of sale that part of Lot 28, Range 3,
BFC, Pickering, designated as Part 1, Plan 40R-21021 to the adjoining owner;
2) the Mayor and Clerk execute all necessary documentation relating to the stopping-up,
closing and sale ofthis road. .
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ATTACHMENTS:
1.
2.
Draft by-law to stop-up and close.
Location map.
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preparecL\Y:)
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lody P~ons
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Attachments
Copy: Chief Administrative Officer
Director, Operations & Emergency Services
Director, Plannin & Develo ment
Recommended for the consideration of
Pickering City Council
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ATTACHMENT # __L- TO REPORT #lQ] -D.d
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
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Being a by-law to stop-up and close as public
highway that part of Lot 28, Range 3 BFC,
Pickering, designated as Part 1, Plan 40R-21O21,
for the purpose of sale to the abutting owner.
WHEREAS, pursuant to section 297(1)(a) of the Municipal Act, R.S.O. 1990, chapter MAS, the
Council of The Corporation of the City of Pickering enacted a By-law, dedicating as public
highway that part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-21021; and
WHEREAS, pursuant to sections 191(1),297(1) (c) & (d) and 315 of that Act, the Council of the
City may pass by-laws to stop-up a highway or part thereof and to authorize its sale or the sale of
a part thereof at a fixed price;
WHEREAS, Notice of this by-law has been published once a week for four consecutive weeks
and the provisions of the Municipal Act relating to the stopping-up of a highway have been
complied with; .
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
The following portion of highway is hereby stopped-up and closed to both vehicular and
pedestrian traffic:
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That part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-21021.
2.
The Corporation of the City of Pickering shall ensure that all utility easements over any of
the lands described in section 1, above are conveyed to the appropriate utility authority,
including but not necessarily limited to, The Regional Municipality of Durham, Bell
Canada, Consumers Gas and Veridian Corporation at a sale price of$2.00 each.
3.
That part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-7103, shall
be conveyed to Ralph Spencer, subject to any easements, for nominal consideration.
4.
The Mayor and Clerk are hereby authorized to execute any documentation approved by
the Solicitor for the City and required to effect the dispositions, offers and transfers
provided for in this By-law.
BY-LAW read a first, second and third time and finally passed this 18th day of March, 2002.
Wayne Arthurs, Mayor
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Bruce Taylor, Clerk
REOl15
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ATTACHMENT #1 ~"iO REPORT # JJD: bà
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Planning &. Development Department
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FILE No. RTG LO3-02
DATE JAN 8, 2002