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HomeMy WebLinkAboutL 07-02 ..) nn7 REPORT TO COUNCIL FROM: John Reble Solicitor for the City DATE: February 26,2002 REPORT NUMBER: L07-02 - SUBJECT: Road Closing/Disposal of Lands - Part of Lot 28, Range 3, BFC, Pickering designated as Part 1, Plan 40R-21021 (Sheppard Avenue) - File: REO115 RECOMMENDATION: A by-law should be enacted to stop-up and close that part of Lot 28, Range 3 BFC, Pickering, designated as Part 1, Plan 40R-21O21 for the purpose of conveying the lands to the abutting owner for nominal consideration. ORIGIN : 1. Written request from the abutting owner. 2. Resolution 09/02. AUTHORITY: Municipal Act, RS.O. 1990, chapter MAS, sections 191,297 and 315. - 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 that part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, .Plan 40R-21O21 (Sheppard Avenue) are no longer required by The Corporation and should be sold to the abutting owner. 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: In 1967, the City acquired Part 1, Plan 40R-21O21 along Sheppard Avenue for future road widening purposes (as shown on mapping attached). When the ultimate design for Sheppard A venue was established, it was determined that the road widenings were no longer required by the City. - 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 that part of Lot 28, Range 3 BFC, Pickering, designated as Part 1, Plan 40R-21021 for the purpose of re-conveying the land back to the abutting owner for nominal consideration. 008 Report to Council L07 -02 Subject: Road Closing/Disposal of Lands Date: February 26,2002 Page 2 The appropriate notice has been published once a week for four consecutive weeks and the provisions of the Municipal 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 that part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-21021 to the adjoining owner; 2) the Mayor and Clerk execute all necessary documentation relating to the stopping-up, closing and sale ofthis road. . - ATTACHMENTS: 1. 2. Draft by-law to stop-up and close. Location map. - preparecL\Y:) '?) I' a..i,) rHJ lody P~ons lP:ljm Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Plannin & Develo ment Recommended for the consideration of Pickering City Council .' :"'" - -. ATTACHMENT # __L- TO REPORT #lQ] -D.d qnn THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. - Being a by-law to stop-up and close as public highway that part of Lot 28, Range 3 BFC, Pickering, designated as Part 1, Plan 40R-21O21, for the purpose of sale to the abutting owner. WHEREAS, pursuant to section 297(1)(a) of the Municipal Act, R.S.O. 1990, chapter MAS, the Council of The Corporation of the City of Pickering enacted a By-law, dedicating as public highway that part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-21021; 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: - That part of Lot 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-21021. 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 28, Range 3, BFC, Pickering, designated as Part 1, Plan 40R-7103, shall be conveyed to Ralph Spencer, 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. Wayne Arthurs, Mayor - Bruce Taylor, Clerk REOl15 nlO ATTACHMENT #1 ~"iO REPORT # JJD: bà -¡ HELM STRE: 0 ~ "). ~ :I i g 0: Planning &. Development Department l' FILE No. RTG LO3-02 DATE JAN 8, 2002