HomeMy WebLinkAboutPD 46-08
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 46-08
Date: December 1, 2008
33
From:
Neil Carroll
Director, Planning & Development
Subject:
Rockwood Drive Extension
Parts 2, 4,5,8, 13 and 14, Plan 40R-21166
Road Closing and Transfers of Land to Abutting Owners
File: 00306
Recommendation:
1. That Report PO 46-08 of the Director, Planning & Development regarding the
closing and conveyance of portions of Rockwood Drive be received; and
2. That Council enact a by-law to:
(a) stop-up and close certain portions of Rockwood Drive being those parts of
Lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan
40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated
as Parts 13 and 14, Plan 40R-21166 as public highway;
(b) declare those portions of Rockwood Drive set out in (a) above surplus to the
Corporation for the purpose of sale to the abutting owners, 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 execution of all relevant documentation necessary to effect the
stopping-up and closing of those portions of Rockwood Drive as public
highway and to effect the conveyances of them to the abutting owners for
nominal consideration, subject to any required easements.
Executive Summary: On July 3, 2002, Norvalley Homes Ltd. entered into a
Development Agreement with the City. One of the provisions of that Agreement
required Norvalley Homes Ltd. to construct a turning circle and convey the lands subject
of the turning circle to the City until such time as Rockwood Drive was extended
northerly into the adjacent lands.
As the Rockwood Drive extension has now been constructed satisfactory to the City
and as the turning circle has been removed and restored to residential status, it is
appropriate to stop-up and close it as a public highway and reconvey the lands subject
of the turning circle to the abutting owners.
Report PO 46-08
December 1, 2008
Subject:
34
Rockwood Drive Extension
Road Closing and Transfers to Adjacent Owners
Page 2
Financial Implications:
Legal Fees and Disbursements
Developer's/Applicant's Cost
Sustainability Implications: The enactment of the road closing by-law is an
administrative process that will ensure compliance with legal and City conditions prior to
the conveyance of the subject lands to the abutting owners. It does not directly impact
the City's sustainability initiatives.
Background: On July 3, 2002, Norvalley Homes Ltd. entered into a Development
Agreement with the City. Provisions of that Development Agreement required Norvalley
Homes Ltd. to construct a turning circle and convey the lands subject of the turning
circle to the City until such time as Rockwood Drive was extended northerly into the
adjacent lands.
In 2006, the City entered into a Development Agreement with Donald Robert Spring
providing for the construction of the northerly extension of Rockwood Drive and the
removal of the turning circle referred to above.
As the Rockwood Drive extension has now been constructed satisfactory to the City
and the turning circle has been removed and restored to residential status, it is
appropriate to reconvey the lands subject of the turning circle to the abutting owners.
The turning circle lands have been dedicated as public highway and therefore it is
necessary to formally stop-up and close them prior to reconveying them to the abutting
owners. Attached is a draft by-law giving authority to formally stop-up and close the
turning circle lands and reconvey them to the abutting owners.
Attachments:
1 . Stop-up and Close Location Map
2. Draft Stop-up and Close By-law
Report PD 46-08
December 1, 2008
Subject: Rockwood Drive Extension
Road Closing and Transfers to Adjacent Owners
Page 3
35
Prepared By:
Approved/Endorsed By:
,d7 .~
Denise Bye, S pervisor
Property & Development Services
, CIP, RPP
anning & Development
DB:bg
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City il
/1
36
ATTACHMENT I~TO
REPORT I PO ~ Dcg
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PART2&4 - PART 13
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40R-21166
PART 5 & 8 ~ PART 14
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PARTS 2, 4, 5, 8,13 & 14, 40R-21166 1-
OWNER CITY OF PICKERING DATE OCT 29, 2008 DRAWN BY JB
FILE No. STOP-UP & CLOSE & CONVEY PORTIONS OF ROCKWOOD DRIVE SCALE 1:1000 CHECKED BY DB
~a a ~ourc..: PN.10
Torenol Enterpri... Inc. and ita supplier.. All ri'irht. Reserved. Not a pion of survey.
2005 MPAC and its suppliers. All ,.iahta Reserved. Not 0 pion of Survey.
ATTACHMENT' ~ TO
REPORT # PO Ll ~ - 0 '0 ,
THE CORPORATION OF THE CITY OF PICKERING
37
BY-LAW NO.
DIAPr
Being a by-law to stop-up and close as public
highway certain portions of Rockwood Drive
being those parts of lot 5, Registered Plan
282, designated as Parts 2, 4, 5 and 8, Plan
40R-21166 and those parts of Blocks 21 and
22, Plan 40M-2068, designated as Parts 13
and 14, Plan 40R-21166 and authorize the
sale of the lands to the abutting owners for
nominal consideration.
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.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. The following portions of highway are hereby stopped-up and closed to both
vehicular and pedestrian traffic:
. Rockwood Drive being those parts of lot 5, Registered Plan 282, designated
as Parts 2,4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22,
Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 as public
highway.
2. That those portions of Rockwood Drive described above are hereby deemed
surplus to the needs of the Corporation and shall therefore be offered for sale to
the abutting owners, subject to any required easements, for nominal
consideration ($2.00).
3. The Mayor, City Clerk and City Solicitor are authorized to obtain all relevant
documentation necessary and execute all documentation required to effect the
above.
BY-LAW read a first, second and third time and finally passed this 15th day of
December, 2008.
David Ryan~~r
Debi A. Wilcox, City Clerk
00306