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HomeMy WebLinkAboutPD 15-06 Ciú¡ ul REPORT TO EXECUTIVE COMMITTEE Report Number: PO 15-06 Date: March 27, 2006 From: Neil Carroll Director, Planning & Development Subject: Disposal of Lands Part of Lot 31, Concession 1, Pickering Part 2, Plan 40R-24050 Sheppard Avenue, Pickering File No. RE0602 Recommendation: A by-law should be enacted to: (a) stop-up and close the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, as public highway; (b) declare the lands described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, surplus to the needs of the Corporation for the purpose of sale to the abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and (c) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050 and to effect the conveyance of it to the abutting owner for nominal consideration, subject to any required easements. Executive Summary: It has been determined that the subject property known as the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, is no longer required by the City and has been slated for disposal. In this instance, because this property is dedicated as a public highway, the process to stop-up and close it by the City must occur prior to proceeding with its sale. Financial Implications: Advertising, Survey, Legal Fees and Disbursements Purchaser's Cost Report PO 15-06 Date: March 27, 2006 Subject: Disposal of Lands Part 2, 40R-24050 (Sheppard Avenue) Page 2 Background: In 1966, the City acquired lands along Sheppard Avenue (approximately 5 metres in width in certain areas and approximately 8 metres in width in other areas) for future road widening purposes. When the ultimate design for Sheppard Avenue was established, the City determined that certain lands were no longer required for road widening purposes and could be reconveyed to the abutting owners, upon their request. - In 1978, a reference plan was prepared (40R-4433) detailing the road widening portions that could be stopped-up, closed and reconveyed to the abutting owners. This plan however, inadvertently only detailed the 5 metre widths of land fronting Sheppard ___8YeOlJe__ªJl<tnQ! the additional 3 metres taken in certain areas. In 1980, Council __ ._..________~__m__..____._..._ ..._.·__n"._______·· enacted By-law 1097/80, authorizing the stopping up and closing ~ofThelal1ds~desc¡:i6-ea-~~---~-- as those parts of Sheppard Avenue, being Parts 42 to 63, 68 to 79 and 87 to 12, Plan 40R-4433, for sale to the abutting owners for nominal consideration ($2.00). As neither Plan 40R-4433 nor By-law 1097/80 detailed, or dealt with, the additional 3 metre strips of land taken for widening purposes in certain areas, the need to go through the process to stop-up and close these portions of land is required as each request for reconveyance is received from the abutting landowners. The City is in receipt of such a request from Charlene and John Gallagher. A reference plan has been prepared which details the 3 metre parcel of land subject of this report (Part 2, Plan 40R-24050) which land lies between the stopped-up portion of land, subject of By-law 1097/80 (Part 72, Plan 40R-4433) and the abutting owner's property (Part 1, Plan 40R-24050). As the subject land is dedicated as public highway, the process to stop-up and close it must be done prior to its reconveyance. The appropriate notice has been published in accordance with the provisions of the Municipal Act and the City's Notification By-law relating to the stopping-up and closing of a highway and there have been no objections to the road closing. A by-law should therefore be enacted to: (a) stop-up and close the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, as public highway; (b) declare the lands described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, surplus to the needs of the Corporation for the purpose of sale to the abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and Report PD 15-06 Date: March 27, 2006 Subject: Disposal of Lands Part 2, 40R-24050 (Sheppard Avenue) Page 3 (c) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050 and to effect the conveyance of it to the abutting owner for nominal consideration, subject to any required easements. Attachments: -- ---..---------- _1._ LocationMap__ 2. Draft By-law - _uw_ _~_._.___.__ Prepared By: Approved I Endorsed By: tf).~ Denise Bye, Coordinator, Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council / ," / I: /t ÞT1ACH¡\~Ef\I! #. TO "'¡.'~,."."-'..'" -. P.,-.I!'- ''''-'w '\::.'\)I,! I: ¡j ,___1 .".-.,) #u . '\CC C.N.R. PART 1 40R·24050 PART 2 4 )R.24~ !æ: = """"--PART 72 40R-4433 SHEPPARD AVENUE _.._- \ ,> -- f--- \ \ 1J 0 \ b City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 31, CONCESSION 1, BEING PART 2, 40R-24050 l' OWNER CITY OF PICKERING DATE FEB. 20, 2006 DRAWN BY JB FILE No. STOP UP AND CONVEY A HIGHWAY RE0602 SCALE 1:1000 CHECKED BY DB o 0 :sourc.a: PN-6 ~'òd;e~p~e~:~.~~. 1~c:.~:~~.:tÃII·~r.!~~~t·R~:":~d~t·N~"~·"~~o';; ~i\s~~:." of aurvey. Q #___.___ TO 15"'::0<0 . THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to stop-u described as that part of L Plan 40R-24050, as public highway the abutting owner. that part of Sheppard Avenue ,>,",1, Pickering, being Part 2, . orize the sale of the land to WHEREAS, pursuant to the Municipal 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; and WHEREAS, Notice of this By-law has been published for two (2) consecutive weeks in compliance with the provisions of the Municipal Act, the Acquisition and Disposal of Land Policy and Public f'J-ºtiVçª!iQnBy~Law 6166/03 relating!() the closing_9f_é:l.I1~g~wé:lY; . _n_~____U ------------ 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: . Sheppard Avenue, that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050. 2. That portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, is hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the abutting owner, subject to any required easements. 3. The Corporation of the City of Pickering shall ensure that all utility easements over any of the lands described herein are conveyed to the appropriate utility authority for nominal consideration ($2.00). 4. The Mayor, City Clerk, Director, Planning & Development and City Solicitor are authorized to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, Pickering and to effect the conveyance of it. BY-LAW read a first, second and third time and finally passed this 3rd day of April, 2006. RE0602