HomeMy WebLinkAboutBy-law 5040/97REPEALED BY ,
REPEALS .
AMENDED BY , ,
AMENDS
DISPOSITION
THE CORPOR~T!ON OF THE T0~ OF PICKERIN_~
BY.L^W
Being a by-law to stop-up, close and sell, as
public highway, part of Lot 26, Range 3, BFC,
being Parts 13, 14, 15, 17, 18, 19, 23, 24, 25, 26
and 27, Plan 40R-11259 and to authorize their
sale to abutting owners where not required for
other municipal purposes.
WHEREAS, pursnant to sections 191 (1), 297(1 )(c), 297(1)(d) and 315 of that Act, the Council of
the Town may pa~s by-laws to stop-up a highway or part thereof and to authorize its sale or the
sale of a part thereof;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The following portions of highway are hereby stopped-up and closed to both vehicular
and pedestrian traffic:
Part of Lot 26, Range 3 BFC, Picketing,
being Parts 13, 14, 15, 17, 18, 19, 23, 24, 25, 26 and 27,
Plan 40R-11259
2. The Corporation of the Town of Picketing shall dispose of utility easements over any of
the lands described in section 1, above, that presently contain utility structures of any
nature or sort, to the appropriate utility authority, including but not necessarily limited to
The Regional Municipality of Durham, Bell Canada, Consumers Gas and Pickering
Hydro, at a sale price of $2.00 each.
3. Those parts of Lot 26, Range 3, B.F.C., Pickering, designated as Parts 13, 14, 15, 17, 18,
19, 23, 24, 25, 26 and 27, shall be offered for sale to the abutting owner at nominal price
and subject to any utility easements granted pursuant to section 2 above.
4. The Corporation of the Town of Picketing shall acquire an Easement over part of the
lands described in section 1, above and other lands, for storm sewer drainage purposes.
5. The Mayor and Clerk are hereby authorized to execute any documents approved by the
Town Solicitor required to effect the dispositions and transfers provided for in this By-
law.
BY-LAW read a first, second and third time and finally passed this 16th day of June, 1997.
, ~ ~,-c:i] Wayne Arthurs, Mayor
Bruce Taylor, Clerk
~,6~OF ~_
REPORT TO COUNCIL
FROM: Penny Wyger DATE: May 28, 1997
Town Solicitor
REPORT ~BER: L 81/97
SUBJECT: Road Closings
- Part of Lot 26, Range 3, BFC, Picketing
being Parts 13, 14, 15, 17, 18, 19, 23, 24, 25,26 and 27,
Plan 40R-11259
- File: W2302.46
RECOMMENDATION:
A by-law should be enacted to stop-up and close part of Lot 26, Range 3, BFC, Picketing, being
Parts 13, 14, 15, 17, 18, 19, 23, 24, 25, 26 and 27, Plan 40R-11259 and to authorize the sale to
the abutting owners of those parts that abut lands that are not owned by the Town and to acquire
an easement over parts of these lands and others for storm drainage purposes.
ORIGIN: Letter from Irving Gleiberman, BA. LL.B, dated March 20, 1997.
AUTHORITY: Municipal Act, R.S.O. 1990, chapter M.45, sections 191,297 and 315.
FINANCIAL IMPLICATIONS: None.
BACKGROUND:
On August 2, 1988, By-law 2828/88 was passed by Council. This by-law gave the Town
authority to stop-up, close and sell that part of the road allowance between Concession 1 and
Range 3, Broken Front Concession, Picketing, designated as Parts 16, 20, 28-57, 60, 61, 69-80,
Plan 40R-11259 Sheppard Avenue; and part of the road allowance between Lots 26 and 27,
Range 3, Broken Front Concession, Picketing, designated as Parts 21 and 22, Plan 40R-11259,
Fairport Road.
On June 3, 1985, By-law 2041/85 was passed authorizing the execution of an Agreement of
Purchase and Sale by The Corporation of the Town of Picketing to Tonalist Holdings Inc. for
Part Lot 26, Range 3, BFC. Tonalist directed the Town to convey the lands to Merriton
Properties Inc. at the time of closing.
It has now come to our attention that although a deed to part of the lands being Part Lot 26,
Range 3, BFC, being Parts 13, 14, 15, 17, 18, 19, 23, 24, 25, 26 and 27 was given by the Town to
Merriton Inc., the sale of those lands were not processed through the applicable provisions of the
Municipal Act regarding the closing and sale of roads.
In order to ensure that clear title to the lands are in the hands of Merriton inc., their solicitor has
asked that the Town process a road closing by-law pursuant to thc Municipal Act regarding the
subject lands and that the Town convey the lands to Merriton for the sum of $2.00.
~~ly ~11o~ ~ cmvey~ to M~mm ~ Tom ~ ~ui~ ~ ~t ov~ a
~ffion of~ subj~t 1~ ~d o~ l~ds o~ by Meffi~n for s~ ~e wo~.
E~t of~ a~h~ By-law ~ll cle~ ~y clo~ on tMc.
A~AC~NTS:
2. ~ By-law.
~P:ljm
A~c~enB
Copy: Gener~ M~ger
To~ Clerk
D~cctor of Piing
Director of Public ~orks (Acting)
'SUBJECt'
PROP£R~/
Town of Plckering Planning Department
II.ad Closings ,
TheTown ofPickerlng Wart of Lot 26, Range 3 BFC, Pic~ering
LEGAL SERVICES DEPARTMENT IB~ng P~ u,'n4,]-s,'~7,]..~.,19~_2~,~24.~2s,26, ~7