Report to: General Committee Report Date: May 13, 2008

SUBJECT: Conveyance to Costco Wholesale Canada Ltd.

Parts 8 and 9, Plan 65R-28402, being a portion

of Kirkham Drive

Legal File No.: 05 0804 LG 0201

PREPARED BY: Catherine M. Conrad, Town Solicitor

RECOMMENDATION:

THAT the report entitled “Conveyance to Costco Wholesale Canada Ltd. - Parts 8 and 9, Plan 65R-28402, being a portion of Kirkham Drive” be received;

AND THAT Parts 8 and 9, Plan 65R-28402 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 10, 2008;

AND THAT a by-law be enacted to stop up and close Parts 8 and 9, Plan 65R-28402;

AND THAT a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of Land in favour of Costco Wholesale Canada Ltd. for nominal consideration and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor.

AND THAT Staff be authorized and directed to do all things necessary including execution of documents to give effect to this report.

And that the above resolutions be reported out in public Council meeting.

EXECUTIVE SUMMARY:

None.

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

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to obtain Council authority to close a portion of Kirkham Drive and convey same to Costco Wholesale Canada Ltd.

BACKGROUND:

The Town acquired Kirkham Drive together with Block 17, being a 0.3m undedicated reserve along Kirkham Drive, as part of a Plan of Subdivision registered as Plan 65M-2843 in 1991. At that time, Kirkham Drive was not a through street and ended with a temporary turning circle just east of Markham Road.

OPTIONS/ DISCUSSION:

Part 9, Plan 65R-28402 is that part of Kirkham Drive that curves slightly south into the Costco site on Markham Road, having an area of 36.4 sq. metres. It was originally included as a Block on Costco’s Plan 65M-4011 but was subsequently removed at the request of the Land Registry Office since it was already a dedicated road allowance. Part 8, Plan 65R-28402 is a very small portion, having an area of 8.1 sq. metres, of the 0.3m reserve established by Plan 65M-2843 that ran across the southern boundary of Kirkham Drive and also curves slightly south into the Costco site.

Parts 8 and 9, Plan 65R-28402 are surplus to the Town’s needs as Kirkham Drive has been straightened and now runs into Karachi Drive. This also straightens Costco’s property line and was discussed as part of Costco’s subdivision process.

Inadvertently, all of Block 17, Plan 65M-2843 has been dedicated as Kirkham Drive making it now necessary to stop up and close both Parts 8 and 9, Plan 65R-28402 prior to conveying same to Costco.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

None

HUMAN RESOURCES CONSIDERATIONS

None

ALIGNMENT WITH STRATEGIC PRIORITIES:

None.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Town Engineering Department has been consulted in connection with this report.

RECOMMENDED

BY:________________________

Catherine M. Conrad

Town Solicitor

ATTACHMENTS:

1. Copy of Plan 65M-2843 registered 1991;

2. Copy of Reference Plan 65R-28402; and

3. Copy of Costco’s Plan of Subdivision Plan 65M-4011

Q:\Legal\REPORTS\Reports 2008\conveyance to Costco Portion of Kirkham Drive.doc