Report to: DEVELOPMENT
SERVICES COMMITTEE Date of Meeting: June
6, 2006
SUBJECT: Conveyancing
Required to Dispose of 0.3m Reserve
PREPARED BY: Margaret
Wouters, Senior Planner, East District, ext. 2758
RECOMMENDATION:
THAT the 0.3m
reserve identified as Block 31 on 65M-3864 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 June 13, 2006;
AND THAT a
by-law be enacted at Council on June 30, 2006, authorizing the Mayor and Clerk
to execute a Transfer of Land and other related documents for the completion of
the conveyancing required to convey the 0.3m reserve to the owner of the lands
within draft plan of subdivision 19TM-030013, in a form satisfactory to the
Town Solicitor.
In 2005, the
Town entered into a Subdivision Agreement with Cloverwood Estates Ltd. for Plan
65M-3864, located north of Denison Street, on the east side of McCowan Road. Block 31 on the final plan was conveyed to
the Town as a 0.3m reserve to control future development of Block 26. It was intended at the time that Block 26 be
developed in conjunction with the proposed subdivision to the south
(19TM-030013). Draft Plan 19TM-030013 consists of 18 blocks which, when
combined with the lands within Block 26, 65M-3864, will form 18 lots fronting
on Walford Road (Figure 1).
The 0.3m
reserve was inadvertently placed on the south limit of Block 26, rather than at
the north limit abutting the public right-of-way (Walford
Road).
Therefore, the reserve prevents Block 26 from being developed in
conjunction with the blocks within 19TM-030013 as originally intended.
The owners of
the lands within 19TM-030013 have recently acquired Block 26. To allow for the creation of lots within
19TM-030013 in combination with Block 26 as intended, it is recommended that Council
declare Block 31 surplus and convey the lands for a nominal fee to the owners
of 19TM-030013. It was intended that
Block 31 would eventually be dedicated as part of Walford
Road. As
this is not possible due to the inadvertent error in the location of Block 31
and as this proposed transaction is consistent with the original intention, no
consideration for the conveyance is payable.
FINANCIAL TEMPLATE (Separate Attachment):
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ACCESSIBILITY CONSIDERATIONS:
Not applicable
ENGAGE 21ST CONSIDERATIONS:
Not applicable
BUSINESS UNITS CONSULTED AND AFFECTED:
The Director of
Engineering and Town Solicitor have been
consulted and concur with the content of this report.
RECOMMENDED BY:
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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