GENERAL COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Baird, Commissioner of Development Services Alan Brown, Director of Engineering
	PREPARED BY:	Hossein Sharif, Development Engineer - Markham Centre
	DATE OF MEETING:	2005-Sep-12
	SUBJECT:	Conveyance of land for South Unionville road allowance purposes

RECOMMENDATION:

THAT the report entitled “Conveyance of land for South Unionville road allowance purposes” dated September 12, 2005, be received;

AND THAT Council authorize the Mayor and Clerk to execute all documents for the conveyance, free and clear of all encumbrances, of Part 19 Plan 65R-18880, Parts 2, 3, and 4 Plan 65R-28173 and Parts 2 and 3 Plan 65R-28260 to the Town, for nominal consideration, subject to receipt of an environmental clearance and undertaking, satisfactory to the Town’s Director of Engineering, all in a form satisfactory to the Town Solicitor, to complete respective portions of the Castan Avenue, Peshawar Avenue and Ian Baron Avenue road allowances;

AND THAT the construction of these road be financed through abutting subdivision agreements;

AND THAT staff be directed to do all things necessary to give effect to this recommendation.

PURPOSE:

The purpose of this report is to seek authorization from Council to accept three parcels of land to facilitate the completion of portions of the road network within the South Unionville Community.

BACKGROUND:

The development pattern for the South Unionville area, including the location of community facilities such as roads, schools, parks and stormwater management, was established through the Secondary Plan for South Unionville, the Development Phasing Plan and the Community Design Plan. These plans identified the need to establish a comprehensive road network through the development area, including two east/west collector roads (Castan Avenue and South Unionville Avenue) to connect McCowan Road and Kennedy Road.

DISCUSSION:

Best Homes, who own significant lands in the west part of the Secondary Plan, has constructed a large portion of the road network within the South Unionville community. Recently companies controlled by Best Homes (Abidien Inc.) have made arrangements to acquire portions of three road right-of-ways for Castan Avenue realignment, Peshawar Avenue and Ian Baron Avenue and now propose to transfer them to the Town (Figure 1). These three parcels are contiguous to various Best Homes projects, and are required to eventually complete the comprehensive road network through South Unionville.

Best Homes has negotiated separately with the respective owners of these three properties in order to close the deals in a timely manner and facilitate the construction of the roads and adjacent development process. Best Homes is requesting the Town to accept the direct conveyance of these lands from the current owners, in advance of development approvals and development agreements, so that they can complete their sales agreement with the various owners.

Prior to completion of the conveyances, Best Homes shall provide an environmental clearance prepared by a professional engineering consultant or equivalent, in accordance with MOE guidelines or other guidelines as appropriate, to the satisfaction of the Town’s Director of Engineering. Best Homes shall also agree in future subdivision agreements that, should contamination be discovered before or during construction of the roads, to undertake, at their expense, the necessary measures to identify and remediate the contaminated soils, in accordance with MOE guidelines, or other guidelines as appropriate, to the satisfaction of the Director of Engineering.

These lands were not part of the original plans of subdivision and arrangements for the construction of the two roads (Peshawar Avenue and Ian Baron Avenue) associated with these conveyances will be incorporated into future development and subdivision agreements between the Town and Best Homes. Peshawar Avenue will be constructed in fall 2005, as part of Phase 3 of approved Draft Plan 19TM-02005 and Ian Baron Avenue will be constructed in spring 2006, as part of Phase 2 of approved Draft Plan 19TM-99021, Phase 2. The Castan Avenue realignment will be constructed by Castlepoint Investment Inc (1147389 Ontario Limited) in spring 2006.

FINANCIAL CONSIDERATIONS:

There is no financial obligation for the Town for these conveyances.

ENVIRONMENTAL CONSIDERATIONS:

Environmental clearance to be obtained for parcels prior to conveyance.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services has reviewed and commented on this report.

ATTACHMENTS:

FIGURE 1 - Area Map

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

Q:\Development\Engineering\REPORTS\2005\Sept\Acquisition of Castan Peshawar Ian Baron Drive.doc