HomeMy WebLinkAboutPD 48-05PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 48-05
Date: November 22, 2005
From:
Neil Carroll
Director, Planning & Development
Subject:
Release of Subdivision Agreement from Title
Release and Abandonment of Easement
Lots 162 to 167, Plan 40M-1466, Pickering
File: D0805
Recommendation:
That the Mayor and City Clerk be authorized to execute, for the purpose of registration:
Release of the Subdivision Agreement registered as Instrument LT323412 from
title as it relates to Lots 162 to 167, Plan 40M-1466; and
Release and Abandonment of Easement registered as Instrument LT404424
relating to those parts of Lots 162 to 167, Plan 40M-1466, being Parts 8 to 13,
Plan 40R-10283.
Executive Summary: Not Applicable
Financial Implications:
Processing and registration fees
Owner's Cost
Background: In 1985, John Boddy Developments entered into a Subdivision
Agreement with the City for the development of Plan 40M-1466. At that time, John
Boddy negotiated with and acquired lands from the adjacent Appleview Road owners
for road purposes (save and except from the owners fronting Lots 162 to 167, Plan
40M-1466 - 1837 Appleview Road). The acquired lands were used to continue the
road pattern for Heathside Crescent across Lots 4, 5, 149 to 161, 168 and 169,
enabling John Boddy to develop additional lots within Plan 40M-1466 and giving
frontage to all participating adjacent owners for future land severances.
As John Boddy was unsuccessful in acquiring the rear portion of 1837 Appleview Road
and, the subdivision approval was contingent on Heathside Crescent being connected,
the City permitted the delayed development of Lots 162 to 167 and approved the
construction of Heathside Crescent across a portion of those lots subject to an
easement for temporary road purposes being granted to the City until such time as the
proper alignment could be completed.
Report PD 48-05
Subject: Release of Subdivision Agreement and Easement
Date:
November 22, 2005
Page 2
The owners of the lands lying adjacent to Lots 162 to 167 (1837 Appleview Road) have
since applied for the severance of that lot. In 2003, Agnew entered into an Agreement
with the City for the development of five lots. A condition of that Agreement was to
construct the portion of Heathside Crescent not completed when Plan 40M-1466 was
developed. As that road construction has now been completed, dedicated and the
lands subject of the temporary road restored to vacant lot status, it is appropriate to
remove the City's interest and release the temporary road easement.
Further, as Lots 162 to 167, Plan 40M-1466 have been reinstated, they can now be
developed in accordance with the appropriate Agreement. Once the Agreement
respecting the development of these lots has been prepared and registered, the original
Subdivision Agreement (which remains on title) should be removed. On August 20,
1992, the Subdivision Agreement relating to all other lots/blocks within Plan 40M-1466
was released from title when Plan 40M-1466 was assumed.
It is recommended that the Mayor and City Clerk be authorized to execute, for the
purpose of registration:
Release of the Subdivision Agreement registered as Instrument LT323412 from
title as it relates to Lots 162 to 167, Plan 40M1466; and
Release and Abandonment of Easement registered as Instrument LT404424
relating to those parts of Lots 162 to 167, Plan 40M-1466, being Parts 8 to 13,
Plan 40R-10283.
Attachments:
1. Location Map
Prepared By:
Denise Bye', Coordinator,
Property & Development Services
Approved / Endorsed By:
Ne[~ Ca~r'4~l~RP P
Director, Plannin--' g & Development
DB:bg
Attachment
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City .Council
TI;r6'~s~ J. O u i n r¢,,/C h i ef"/~'d m i n i st r&t iv~e-Q~.~.~...
ATTACHMENT
Pt RT~,
PI__, ~N 4
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION LOT 162-167, 40M-1466 & PARTS 8-13, 40R-10283
OWNER JOHN BODDY DEVELOPMENTS LTD. DRAWN BY JB
FILE No. D 0805 CHECKED BY db
JDATE NOV. 23, 2005
SCALE 1:2500