Telephone (905) 468-3266
Facsimile (905) 468-2959
1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
March 07, 2014
Report:
CS-14-013
Report To:
Corporate Services Advisory Committee
Subject:
Sale of Unopened Road Allowance - Line 9 Road
1. RECOMMENDATION
It is respectfully recommended:
1.1 that the Council of the Corporation of the Town of Niagara-on-the-Lake dispose of the unopened Line 9 Road allowance, dissecting the property known municipally as 1014 Queenston Road to Katherine Yerich and John Sobot, Township Lots 97 and 98, Parts 2 and 3 on Plan 30R-14203; and
1.2 that the sale price of $16,000 plus legal costs, be accepted; and
1.3 that a by-law to stop up and close the unopened Line 9 Road allowance be forwarded to Council for approval; and
1.4 that the Lord Mayor and Clerk be authorized to sign any and all documents required to complete the sale transaction.
2. PURPOSE / PROPOSAL
The purpose of this report is to request permission from Council to sell the Line 9 unopened road allowance, Parts 2 and 3 on Plan 30R-14203.
3. BACKGROUND
In June 2013, the Clerk's office received a letter from a legal firm representing the owners of 1014 Queenston Road.
The letter speaks to a road allowance owned by the Corporation of the Town of Niagara-on-the-Lake (Town), dissecting the property known municipally as 1014 Queenston Road, Township Lots 97 and 98. It is noted that the road allowance that runs through 1014 Queenston Road was never stopped up and closed, nor was it ever conveyed to the owner.
The Town's solicitor reviewed the title of the road allowance and concurs that in deed the Town does still own this road allowance.
The Town's disposition of land policy was adhered to. At the Council meeting held October 28, 2013, the following recommendation from report CS-13-038 was ratified:
1.1 that the Town owned unopened road allowance dissecting 1014 Queenston Road, being Parts 2 and 3 on Reference Plan 30R-14203 (Line 9 Road ), as identified on the plan attached to this report, be declared surplus to the Town's needs.
A notice was placed in the December 5, 2013 local newspapers, asking that anyone interested in the subject parcel were to submit a written submission to the office of the Town Clerk by 3 p.m. on January 6, 2014.
Two submissions were received, one from the owner of 1014 Queenston Road and the other from an interested citizen.
The owner of 1014 Queenston Road advised they proposed to purchase the subject parcel and merge with their existing lands to the north and south of the road allowance.
Two separate submissions were received from the interested citizen, firstly wishing to purchase the lands and start a business on the subject lands. Staff advised the interested citizen that the parcel was not large enough for starting a business. A second submission was received, wishing to build on the parcel. A letter was sent from the Town's solicitor on January 30, 2014 advising the subject parcel does not meet the requirements for a building lot in the agricultural area. To date, the interested citizen has not withdrawn their bid as requested, but since it is not a building lot, the Town's solicitor advised staff to move forward on selling the subject lands.
4. DISCUSSION / ANALYSIS
Staff received two submissions for the subject parcel of land known as Parts 2 and 3 on Reference Plan 30R-14203, unopened Line 9 road allowance.
Staff recommends the subject lands (Parts 2 and 3, Plan 30R-14203) be sold to the owner of 1014 Queenston Road. An appraisal of the lands was sought and staff feels $16,000 plus legal costs is a fair and equitable price.
5. FINANCIAL IMPLICATIONS
N/A
6. COMMUNICATIONS
N/A
7. CONCLUSION
That Parts 2 and 3, Plan 30R-14203, being lands dissecting 1014 Queenston Road, unopened Line 9 road allowance, be sold for $16,000 plus legals costs.
Prepared by
Holly Dowd
Town Clerk
Respectfully submitted,
Sheldon Randall
Director of Corporate Services
Mike Galloway, MBA, CMO
Chief Administrative Officer
ATTACHMENTS
R-Plan 30R-14203.pdf
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