Report to: GENERAL COMMITTEE                                      Date of Meeting: May 15, 2006

 

 

SUBJECT:                          Conveyancing Required to Re-Align Castan Avenue

                                            Legal File No.:  06 0608 LG 0152

PREPARED BY:               Catherine M. Conrad, Town Solicitor

 

 

 

RECOMMENDATION:

THAT a by-law be enacted to stop up and close that portion Castan Avenue legally described as Part of Lots 1, 2, 141, 144, 169 and 170, Plan 65M-3178, designated as Parts 1, 3, 6, 8, 10 and 11, Plan 65R-19804 and all of Lots 142 and 143, Plan 65M-3178;

 

AND THAT the temporary diversion of Castan Avenue being lands legally described as Lots 1, 2, 141, 142, 143, 144, 169 and 170, Plan 65M-3178 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of May 23, 2006;

 

AND THAT a by-law be enacted at Council on June 13, 2006, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the conveyancing required to re-align Castan Avenue to its original location, in a form satisfactory to the Town Solicitor.

 

 

1. Purpose                2. Background         3. Discussion             4. Financial         5. Environmental

 

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

 

 

PURPOSE:

The purpose of this report is to obtain Council approval and the enactment of the necessary by-laws to allow the conveyancing for the re-alignment of Castan Avenue back to its original location.

 

OPTIONS/ DISCUSSION:

In 1997, the Town entered into a Subdivision Agreement with 1147389 Ontario Limited for Plan 65M-3178.  As a condition of this subdivision, the developer agreed to building the temporary diversion of Castan Avenue over part of Lots 1, 2, 141, 142, 143, 144, 169 and 170, Plan 65M-3178 until such time as various holdout parcels on the south side of Castan Avenue could be acquired by the developer and conveyed to the Town.  These lands have now been assembled, the road is being realigned and it is necessary to convey the lands used for the temporary diversion back to the developer for nominal consideration.  In addition, in order to complete the conveyance back to the developer of the surplus portions of the existing road, those parts must be closed and stopped up and declared surplus.

 

The Subdivision Agreement required, in Clause 8.2, that upon relocation of Castan Avenue to its ultimate alignment, these lands would be reconveyed to the subdivider, 1147389 Ontario Limited, for nominal consideration.  Accordingly, no compensation is payable for the transfer of these lands.

 

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

 

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

 

ENGAGE 21ST CONSIDERATIONS:

Not applicable

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Town’s Engineering Department has been consulted and concurs in the content of the report.

 

 

RECOMMENDED

                            BY:    ________________________

                                      Catherine M. Conrad

                                      Town Solicitor

 

 

 

 

ATTACHMENTS:

1.           Map showing the new realignment of Castan Avenue;

2.           Reduced copy of Plan 65R-19804 showing the lands to be stopped-up and closed; and

3.           Reduced portion of Plan 65M-3178 showing the lots to be conveyed to 1147389 Ontario Limited.

 

 

 

 

Q:\Exec Office\Legal\REPORTS\Reports 2006\realignment of Castan Ave.doc