HomeMy WebLinkAboutL 08-02
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REPORT TO COUNCIL
FROM:
John Reble
Solicitor for the City
DATE: February 26,2002
REPORT NUMBER: L08-02
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SUBJECT:
Road Closing/Disposal of Lands
- Part of Lot 31, Concession 1, Pickering
designated as Parts 1 and 3, Plan 40R-20797 (Sheppard Avenue)
- File: RE0113
RECOMMENDATION:
A by-law should be enacted to stop-up and close those parts of Lot 31, Concession 1, Pickering,
designated as Parts 1 and 3, Plan 40R-20797 for the purpose of conveying the lands to the
abutting owners for nominal consideration.
ORIGIN:
1. Written request from the abutting owner.
2. Resolution 09/02.
AUTHORITY: Municipal Act, R.S.O. 1990, chapter MAS, sections 191,297 and 315.
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FINANCIAL IMPLICATIONS:
Advertising, Appraisal, Survey Costs and Legal Fees and Disbursements
(Purchaser Costs)
$2,000.00
EXECUTIVE SUMMARY:
It has been determined that the lands described as those parts of Lot 31, Concession 1, Pickering,
designated as Parts 1 and 3, Plan 40R-20797 (Sheppard Avenue) are no longer required by the
Corporation and should be sold to the abutting owners. In this instance, because the portion of
land is laid out as a highway, the process to stop-up, close and sell the property must be in
accordance with the Municipal Act, which takes precedence over the City's Sale of Surplus Land
Policy.
BACKGROUND:
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In 1966, the City acquired Parts 1 and 3, Plan 40R-20797 along Sheppard Avenue for future road
widening purposes (as shown on mapping attached). When the ultimate design for Sheppard
Avenue was established, it was determined that the road widenings were no longer required by
the City and subsequently portions of road along Sheppard A venue have been re-conveyed to the
adjoining owners.
On January 21, 2002, Council passed Resolution 09/02 authorizing the Solicitor for the City to
commence the process of stopping-up and closing those parts of Lot 31, Concession 1, Pickering,
designated as Parts 1 and 3, Plan 40R-20797 for the purpose ofre-conveying the land back to the
abutting owners for nominal consideration.
Report to Council L08-02
Date: February 26, 2002
on3
Subject: Road Closing/Disposal of Lands
Page 2
As the subject lands are dedicated as public highway, the process to stop-up and close them must
be done prior to their re-conveyance.
-
On January 21, 2002, Council passed Resolution 09/02 authorizing the Solicitor for the City to
commence the process of stopping-up and closing those parts of Lot 31, Concession 1, Pickering,
designated as Parts 1 and 3, Plan 40R-2079 1 for the purpose ofre-conveying the land back to the
abutting owner for nominal consideration.
The appropriate notice has been published once a week for four consecutive weeks and the
. provisions of the MuIJ.icipal Act relating to the stopping-up and closing of a highway have been
complied with; there have been no objections to the road closing. It is therefore recommended
that:
1) a by-law be enacted to stop-up and close for the purpose of sale those parts of Lot 31,
Concession 1, Pickering, designated as Parts 1 and 3, Plan 40R-20791 to the adjoining
owners for nominal consideration;
2) the Mayor and Clerk execute all necessary documentation relating to the stopping-up,
closing and sale of this road.
ATTACHMENTS:
1.
2.
Draft by-law to stop-up and close.
Location map.
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Prepared B~: J
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Jody parswfs
JP:ljm
Attachments
Copy: Chief Administrative Officer
Director, Operations & Emergency Services
Director, Planning & Develo ment
Recommended for the consideration of
Pickering City Counci
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
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Being a by-law to stop-up and close as public
highway those parts of Lot 31, Concession 1,
Pickering, designated as Parts 1 and 3, Plan 40R-
20797, for the purpose of sale to the abutting
owner.
WHEREAS, pursuant to section 297(1)(a) of the Municipal Act, RS.O. 1990, chapter MA5, the
Council of The Corporation of the City of Pickering enacted a By-Jaw, dedicating as public
highway those parts of Lot 31, Concession 1, Pickering, designated as Parts 1 and 3, Plan 40R-
20797; and
WHEREAS, pursuant to sections 191(1), 297(1)(c) & (d) and 315 of that 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 at a fixed price;
WHEREAS, Notice of this by-law has been published once a week for four consecutive weeks
and the provisions of the Municipal Act relating to the stopping-up 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:
-.
Those parts of Lot 28, Range 3 BFC, Pickering, designated as Parts 1 and 3, Plan 40R-
20797.
2.
The Corporation of the City of Pickering shall ensure that all utility easements over any of
the lands described in section 1, above are conveyed to the appropriate utility authority,
including but not necessarily limited to, The Regional Municipality of Durham, Bell
Canada, Consumers Gas and Veridian Corporation at a sale price of$2.00 each.
3.
That part of Lot 31, Concession 1, Pickering, designated as Parts 1 and 3, Plan 40R-
20797, be conveyed to the adjoining owners, subject to any easements, for nominal
consideration. .
4.
The Mayor and Clerk are hereby authorized to execute any documentation approved by
the Solicitor for the City and required to effect the dispositions, offers and transfers
provided for in this By-law.
BY-LAW read a first, second and third time and finally passed this 18th day of March, 2002.
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Wayne Arthurs, Mayor
Bruce Taylor, Clerk
REO 11 3
ATTACHMENT#"_~TO REPORT#,lQá:()~~
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DATE JAN 2, 2002
FILE No- ATC LO1-02
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