City of Kingston Report to Council Report Number

Transcription

1 To: From: Resource Staff: City of Kingston Report to Council Report Number Mayor and Members of Council Date of Meeting: August 11, 2015 Subject: Executive Summary: Cynthia Beach, Commissioner, Corporate & Strategic Initiatives Peter Huigenbos, Manager, Real Estate & Land Development Stop Up, Close, Declare Surplus and Dispose of Road Allowance lying west of 2268 Princess Street The City of Kingston has received a request from two abutting land owners on Princess Street to purchase an unopened road allowance that is situated between their respective properties. The lands have remained vacant and unused by the City. No City department has objected to declaring the property surplus. A private tender offer will be issued to the two abutting land owners on either side of the property. The lands will be sold to the highest bidder, subject to a reserve bid amount, and in accordance with the City s disposition policy. Recommendation: That a by-law be presented to Council to stop up and close, declare surplus to municipal need and dispose of the Unnamed Street lying between Lots 7 and 8, North of Road (Princess Street), on Registered Plan 60 except Part 1 on Instrument FR Council Meeting 19 August 11,

2 Report to Council Report Number: August 11, 2015 Page 2 of 4 Authorizing Signatures: Cynthia Beach, Commissioner, Corporate & Strategic Initiatives Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Lanie Hurdle, Community Services Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Desiree Kennedy, Chief Financial Officer & City Treasurer Not required Not required Not required Council Meeting 19 August 11,

3 Report to Council Report Number: Options/Discussion: August 11, 2015 Page 3 of 4 This remnant road allowance was established by Registered Plan in The lands have not been used as a public road for decades, if ever. It is 20m wide and approximately 30m long Princess Street flanks the east side of the road allowance, and 2276 Princess Street flanks the west and north sides of the road allowance. Owners of each of the private properties are interested in purchasing the City property as an addition to each owner s lands. City staff could determine no municipal use for these lands. An easement will be retained for existing underground sewer infrastructure and the City may retain a few metres as a road widening for Princess Street. Before the lands can be sold, the City must first stop up and close the road allowance by by-law and declare the lands surplus to municipal need. A private tender offer will be issued to the two abutting land owners. The lands will be sold to the highest bidder, subject to a reserve bid amount, and in accordance with the City s policy for the Disposition of Real Property and the delegated authority by-law for Administrative Real Estate Matters. Existing Policy/By-Law: The City s Public Notice Policy requires that notice of Council s consideration of the road closure be published two weeks in advance of the proposed meeting date to allow anyone who objects to the proposed road closure to be given an opportunity to be heard by Council prior to Council s consideration of the request. The advertisement for this proposed road closure was published on July 28, 2015 in the Whig Standard and on the City s website in accordance with the Public Notice Policy. In addition to closing the road, the City s Policy on the Disposition of Real Property requires that prior to selling land Council must declare the property surplus to its needs and give notice to the public of its intention to sell the land. The public notice regarding the road closure also states the City s intention to declare the property surplus and dispose of it. Once the property is declared surplus, staff has the authority to approve the sale under the delegated authority bylaw for Administrative Real Estate Matters. Notice Provisions: Public notice of the date of Council s intention to pass a by-law to stop up and close, declare surplus and dispose was published on July 28, 2015 in the Kingston Whig in accordance with the City s Notice Policy. Accessibility Considerations: N/A Council Meeting 19 August 11,

4 Report to Council Report Number: Financial Considerations: August 11, 2015 Page 4 of 4 Net proceeds from the sale shall be directed to the Municipal Capital Reserve Fund as per the City s Policy on the Disposition of Real Property. Contacts: Peter Huigenbos, Manager, Real Estate & Land Development ext Other City of Kingston Staff Consulted: Kim Brown, Manager, Infrastructure & Development ext Jim Miller, Director, Utilities Engineering ext Exhibits Attached: Exhibit A Location Map Exhibit B By-law to Stop Up, Close, Declare Surplus and Dispose of Unnamed Street lying between Lot 7 and Lot 8, North of Road, on Registered Plan 60 Council Meeting 19 August 11,

5 Report Exhibit A Location Map Neighbouring Property 2276 Princess St Unopened Road Allowance Neighbouring Property 2268 Princess St Council Meeting 19 August 11,

6 Page 1 of 2 Exhibit B to Report By-Law Number 2015-xxx A By-Law to Stop Up and Close, Declare Surplus and Dispose of the Highway Described as Unnamed Street lying between Lot 7 and Lot 8, North of Road, on Registered Plan 60, Save and Except Part 1 of FR XXXXXXXX Passed: Meeting date, 2015 Whereas Section 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, permits municipalities to pass by-laws in respect of highways when the highway is under the jurisdiction of Council and the sale of land; And whereas the Council of the Corporation of the City of Kingston deems it necessary to pass a by-law to stop up and close and convey part of a highway; And whereas public notice of Council s intention to stop up, close, declare surplus and sell a portion of the highway described as Unnamed Street lying between Lot 7 and Lot 7, north of road, on Registered Plan 60, save and except Part 1 of FR689415, was published on July 28 and August 4, 2015 in the Kingston Whig Standard in accordance with the City of Kingston s Public Notice Policy ; Therefore be it resolved that the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. The portion of highway described as Unnamed Street, lying between Lot 7 and Lot 8, north of road, on Registered Plan 60, save and except Part 1 of FR689415, shall be stopped up and closed. 2. The portion of highway described as Unnamed Street, lying between Lot 7 and Lot 8, north of road, on Registered Plan 60, save and except Part 1 of FR689415, is deemed surplus to the needs of the Municipality in accordance with the Disposition of Real Property Policy approved by Council on August 12, The Mayor and City Clerk of the Corporation of the City of Kingston are hereby authorized to execute on behalf of the Municipality under corporate seal such deeds and other documents as may be necessary to effect the conveyance of the portion of the highway described as Unnamed Street, lying between Lot 7 Council Meeting 19 August 11,

7 City of Kingston By-Law Number XXX Page 2 of 2 and Lot 8, north of road, on Registered Plan 60, save and except Part 1 of FR689415, which has been stopped up and closed by this by-law. This By-Law shall come into force and take effect on the date of its passing. Given First and Second Readings August 11, 2015 Given Third Reading and Passed Month XX, 2015 John Bolognone City Clerk Bryan Paterson Mayor Council Meeting 19 August 11,