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Home My WebLink AboutLEG 02-13From: Paul Bigioni Director, Corporate Services & City Solicitor Report to Council Report Number: LEG 02 -13 Date: July 8, 2013 Subject: Road Closing — Conveyance of Land Nordane Drive, Plans 40M -1861 and 40M -1892 Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 File: L4610- 005 -13 Recommendation: That Council pass a by -law to: (a) stop -up and close that part of Nordane Drive within Plan 40M -1861, being Part 2, Plan 40R -27996 and all of Nordane Drive within 40M -1892 (the " Nordane Lands ") as public highway; (b) declare the Nordane Lands, along with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 surplus to the needs of the Corporation for the purpose of sale to Craig Marshall for $69,000.00, subject to: (i) the lands merging with adjacent lands for development purposes; (ii) acquiring all required easements; (iii) preparation of required reference plans; and (iv) the registration of a Development Agreement with the City, in a form satisfactory to the Director, Corporate Services & City Solicitor, and, (c) authorize the Mayor, City Clerk and Director, Corporate Services & City Solicitor to execute all documentation necessary to effect the road closure and conveyance to Craig Marshall. Executive Summary: Craig Marshall is proposing to develop thirteen lots, eight fronting Sandhurst Crescent, Plan 40M -1892 and five fronting Nordane Drive, Plan 40M -1861. In order to complete the lotting pattern for the development, Craig Marshall needs to acquire the Nordane Lands along with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892. (See Attachment #1) As the Nordane Lands were dedicated as public highway when the plans of subdivision were registered, it is necessary to stop -up and close them as public highway prior to their conveyance. Blocks 17 and 30 are reserves owned by the City that have not been dedicated as public highway and therefore do not need to be stopped -up and closed. Report LEG 02 -13 July 8, 2013 Subject: Road Closing /Conveyance — Portions of Nordane Drive Page 2 On April 22, 2013, Council passed Resolution #60/13 authorizing staff to initiate the process of stopping -up and closing the Nordane Lands, with the intent of conveying them, along with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 to Craig Marshall for an amount to be determined by appraisal. Financial Implications: Net revenue from the sale of land Advertising, appraisal, survey costs and legal fees /disbursements will be paid for by Craig Marshall. Discussion: When Plans 40M -1861 and 40M -1892 were developed in the late 1990's, it was anticipated that Nordane Drive would be extended northerly from Plan 40M -1861 to Nordane Drive, Plan 40M -1892 where it intersects with Sandhurst Crescent. Both sections of the Nordane Drive road allowances were acquired by the City and dedicated as public highway through the registration of Plans 40M -1861 and 40M -1892. In early 2013, Craig Marshall submitted a development proposal to the City for the development of thirteen lots, eight fronting Sandhurst Crescent, Plan 40M -1892 and five fronting Nordane Drive, Plan 40M -1861. In order to complete the lotting pattern for the development, the proposal requires the: (a) deletion of the street connection from Nordane Drive to Sandhurst Crescent from the Pickering Official Plan Highbush Neighbourhood Map; and (b) acquisition, by Craig Marshall, of the Nordane Lands along with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892. On April 22, 2013, Council passed Resolution #60/13, which among other things, (a) approved the deletion of the street connection from Nordane Drive to Sandhurst Crescent from the Pickering Official Plan Highbush Neighbourhood Map; and (b) authorized staff to commence the process of stopping -up and closing, as public highway, the Nordane Lands required to complete the proposed lotting pattern, and to declare them, along with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892, surplus to the City, with the intent of conveying them to Craig Marshall, subject to the: Report LEG 02 -13 July 8, 2013 Subject: Road Closing /Conveyance — Portions of Nordane Drive Page 3 (i) preparation of an appraisal to determine the value of the subject lands; (ii) preparation of required reference plans; (iii) acquisition of all required easements; and (iv) registration of a Development Agreement, in a form satisfactory to the Director, Corporate Services & City Solicitor. As, (a) the reference plans have been prepared and Craig Marshall has provided the City with an appraisal, satisfactory to the Director, Corporate Services & City Solicitor (prepared by PVCI, Real Estate Appraisers & Consultants, dated May 16, 2013) determining the value of the subject lands to be $69,000.00; (b) all appropriate public and utility Notices have been given with respect to the closing of the Nordane Lands; and (c) all required easements are in place to be registered, it is now appropriate to pass the road closing by -law and, once the Development Agreement with the City has been finalized and registered, staff will register the road closing by -law and effect the conveyance of the subject lands to Craig Marshall. Attachment #2 is the draft by -law giving effect to the above. Attachments 1. Location Map 2. Draft Road Closing By -law Prepared By: >'f -&--p Denise Bye Supervisor Property & Development Services �O Recommended for the consideration of Pickering City Cppncil „ Tony Prevedel, P.Eng. Chief Administrative Officer Approv d/E dorsed By: \1 F.t Paul BigioAn' Director, C ra Services & City Solicitor W, 203 ATTACHMEWS TOREPORTO L E6- 0;2-13 f , I' �- • 1111 it NEW ��• ♦ 111 �� ` - � - • IIIII . - -___:_ +_ !��.. __ .. _ III :- . 11�►�� _ �oo�. / /11111111111 ■■ _ ..�� ___ 111111111111 11 =:�, ►� ► :_ � �■ ■ 1111111 1111 : �� 11111I�� IIIIIII�I � -�.. �...� .■� 1111 -- ..� 1. ■■ ��11. •■ ■� : :� /IIIII _� �� ••�� ..11111111 �� 11��1 � �� ■■ - ...0 1111 � - IN IN .::.... � � . • ' • - - • • � - • . • • • • 1 1 1 C ATTACHMENT# TO REPORT# L E & 09-(3 ( .of. f The Corporation of the City of Pickering By -law No. A"Vrr Being a by -law to stop -up and close Nordane Drive, Plan 40M -1892 and the portion of Nordane Drive, Plan 40M -1861, being Part 2, Plan 40R -27996 as public highway and deem them, together with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 surplus to the Corporation. Whereas, pursuant to the Municipal Act, the Council of the City may pass by -laws to acquire or dispose of land or interests in land and to stop -up a highway, or part thereof, and to authorize its sale or the sale of a part thereof. Whereas, Notice of this By -law has been published for two (2) consecutive weeks. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: The following highway is hereby stopped -up and closed to vehicular and pedestrian traffic: • Nordane Drive, Plan 40M -1892 and the portion of Nordane Drive, Plan 40M -1861, being Part 2, Plan 40R- 27996. 2. Nordane Drive, Plan 40M -1892 and the portion of Nordane Drive, Plan 40M -1861, being Part 2, Plan 40R- 27996, together with Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 are deemed surplus to the needs of the Corporation .and shall be offered for sale to Craig Marshall for $69,000.00, subject to any required easements. 3. The City shall ensure that all utility easements are conveyed to the appropriate utility authority for nominal consideration ($2.00) prior to the conveyance of the land. 4. The Mayor, City Clerk and Director, Corporate Services & City Solicitor are authorized to obtain and execute all relevant documentation required to effect the stopping -up and closing of Nordane Drive within Plans 40M -1861 and 40M -1892, and Block 17, Plan 40M -1861 and Block 30, Plan 40M -1892 and to effect their conveyance. By -law passed this 8th day of July, 2013. L4610 -5 -13 David Ryan, Mayor Debbie Shields, City Clerk