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HomeMy WebLinkAboutPD 42-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 42-05 Date: September 22, 2005 From: Nell Carroll Director, Planning & Development Subject: Disposal of Lands Part of Lot 5, RCP No. 819, Pickering Part 2, Plan 40R-21838 Helm Street, Pickering File No. RE0514 Recommendation: A by-law should be enacted to: (a) stop-up and close that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 as public highway; (b) declare that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 surplus to the needs of the Corporation for the purpose of sale by the Corporation; and (c) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation and execute all documentation required to effect the sale of that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 to the adjacent owner for nominal consideration, subject to any required easements. Executive Summary: It has been determined that the subject lands are no longer required by the City. In accordance with the Municipal Act, 2001 and the City's Acquisition and Disposal of Land Policy, it is being recommended that the attached by-law be enacted to stop-up and close the road as public highway and declare the lands surplus to the needs of the Corporation for the purpose of sale to the adjacent owner. Financial Implications: Legal Fees (City's cost) Approximately $200.00 Report PD 42-05 Subject: Disposal of Part 2, Plan 40R-21838 Date: September22,2005 Page 2 Background: On March 7, 2003, 1441483 Ontario Inc. entered into an agreement with the City for the construction of a portion of Helm Street and a turning circle. Provisions of that Agreement required 1441483 Ontario Inc. to convey certain lands to the City for turning circle purposes until such time as the lands to the south were developed. Those lands were conveyed to the City and subsequently dedicated as public highway by By-law 6156/03. As Helm Street has now been extended southerly, the turning circle is no longer required. Accordingly, a by-law should be enacted to: (a) stop-up and close that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 as publ'ic highway; (b) declare that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 surplus to the needs of the Corporation for the purpose of sale by the Corporation; and (c) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation and execute all documentation required to effect the sale of that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 to the adjacent owner for nominal consideration. Attachments: 1. Location Map 2. By-law Prepared By: Denise rdinator, Property & Development Services Approved / Endorsed By: Neil~Ca rr~l~(cJ P~P Director, Plan'hntn~& Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration, j~f-, Pickering Ci~ C,o~ .,,/'"" ) .. / T ' Officer ATTACHMENT#, I TO REPORqr # PD ~,-,.~--~ ~ GLENANNA .LBANK STREET ROAD CABLEHURST CRESCENT COURT UNA VOYAGER BONITA AVENUE STROUDS LANE WINGARDEN CRESCENT HEDGEROW PL. City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 5, RCP. 819, BEING PART 2, 4OR-21838 OWNER CITY OF PICKERING FILE No. STOP UP & CONVEY A HIGHWAY IDATE: AUG. 23, 2005 SCALE: 1:5000 DRAWN BY JB CHECKED BY DB 2005 MP^C end iii .uppliers. All ri~lhtl Relerved. Not ¢1 plerl of Survey. PN-7 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to stop-up and close that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 as public highway and authorize the sale of the land as it is no longer required for municipal purposes. WHEREAS the portion of Helm Street being that part of Lot 5, RCP No. 819, Pickering, designated as Part 2, Plan 40R-21838 was dedicated as public highway by By-law 6156/03; and WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up and close 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 and the provisions of the Municipal Act, the Sale of Surplus Land Policy and the City's Notice By-Law relating to the stopping-up and closing 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: · that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838. That part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 is hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the adjacent owner, for nominal consideration, subject to any required easements. 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). The Mayor, 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 that part of Lot 5, RCP No. 819, Pickering, being Part 2, Plan 40R-21838 and to effect the conveyance of it. BY-LAW read a first, second and third time and finally passed this 7th day of Novermber, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk RE0514