Report to: Development Services Committee                   Date of Meeting: November 21, 2006

 

 

SUBJECT:                          Bur Oak Avenue/Highway 7 Intersection Land Transfer to the Ministry of Transportation and Town

PREPARED BY:               Brian Lee, Manager, Development Engineering, ext. 4838

 

RECOMMENDATION:

That the report entitled “Bur Oak Avenue/Highway 7 Intersection Land Transfer to the Ministry of Transportation and Town”, dated November 21, 2006 be received;

 

And that a portion of Part 6 on Plan 65R-27775, designated as Parts 1 and 2 on a reference plan to be registered be declared surplus as required by By-Law 178-96;

 

And that the Mayor and Clerk be authorized to execute all documents necessary to convey these surplus lands to the Ministry of Transportation (MTO) for nominal consideration and in a form satisfactory to the Town Solicitor;

 

And that the Mayor and Clerk be authorized to execute all necessary documents to have Parts 7, 8, 9 and 11 on a reference plan to be registered, conveyed to the Town, in a form satisfactory to the Town Solicitor, for the right-of-way of Bur Oak Avenue extension south of Highway 7;

 

And that the requirement to transfer these parcels of land to the Town be included in the Bur Oak Avenue extension development agreement;

 

And that a by-law be enacted by Council to establish Parts 3 and 9 on the same reference plan to be registered as part of Bur Oak Avenue;

 

And that the Mayor and Clerk at the time of Transfer of Highway 7 jurisdiction from the MTO to the Region of York be authorized to execute all documents necessary to convey Parts 3, 4, 7, 8, 9 and 11 to the Region as part of the Highway 7 right-of-way;

 

And that staff be authorized to do all things necessary, including execution of documents, to give effect to this report.

 

FINANCIAL CONSIDERATIONS:

Mattamy Homes is required to pay the Town $2,000.00 for Engineering fees and $1,000.00 plus G.S.T for Legal expenses plus disbursements to process this transfer application.   The above costs will be paid by Mattamy Homes upon the execution of the Bur Oak Avenue extension development agreement.

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

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to seek authorization from Council to declare lands currently owned by the Town (Parts 1 and 2 on a reference plan to be registered) as surplus and to convey them to the Ministry of Transportation (MTO) for the Highway 7 right-of-way daylight triangle at the Bur Oak Avenue intersection, (see Attachments “A” and “B”.) 

 

In addition, this report requests Council to enact a by-law to establish Parts 3 and 9 on the same reference plan to be registered as part of the Bur Oak Avenue south of Highway 7.

 

Both authorizations are required to support the completion and opening of the future Highway 7/Bur Oak Avenue intersection by the end of 2006.

 

Staff also request Council’s approval for acquiring additional lands from Lindvest Properties (Cornell) Limited for road and reserve purposes and/or approval for future conveyance of a portion of the Bur Oak right-of-way at the intersection to the Region of York when Hwy 7 ownership is transferred.

 

BACKGROUND:

On July 25, 2005, Lindvest Properties (Cornell) Limited conveyed lands (Part 6, Plan 65R-27775) to the Town for stormwater management purposes (Pond “B”).  A portion of these lands are now required for the Highway 7/Bur Oak Avenue intersection for a daylight triangle as noted on Attachment “B”.

 

Mattamy Homes are currently constructing Bur Oak Avenue between Church Street and Highway 7 to be opened by the end of 2006.  Highway 7 is under MTO’s jurisdiction and the MTO requires the intersection to be designed and constructed as a 4-way intersection thus requiring certain right-of-way dedication.  

 

OPTIONS/ DISCUSSION:

The lands to the south of Highway 7 are owned by H&R Developments.  Mattamy Homes, as part of their obligations to complete this project, are coordinating with H&R Developments for the conveyance of lands to the MTO and the Town for completion of the intersection of Bur Oak Avenue and Highway 7.

 

In order to facilitate the opening of the Highway 7/Bur Oak intersection, the following parcels of land need to be transferred:

 

Council authorization of the following administrative and legal steps are required to effect the above transfer:

·        A portion of Part 6 on Plan 65R-27775 (stormwater management land), designated as Parts 1 and 2 on a reference plan to be registered be declared surplus as required by By-law 178-96;

 

 

In the future when the Region assumes jurisdiction over Highway 7, Parts 3, 4, 7, 8, 9 and 11 will have to be conveyed by the Town to the Region or transferred to the Region’s jurisdiction by by-law.  Staff will bring forward a new by-law at the time of the road jurisdiction transfer so these parcels of land can be transferred to the Region at that time.

                                 


 

FINANCIAL TEMPLATE:

Not applicable.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Planning and Legal Departments have been consulted in the preparation of this report.

 

 

RECOMMENDED BY:  

 

 

________________________                          ________________________

Alan Brown, C.E.T.                                            Jim Baird, M.C.I.P., R.P.P.

Director of Engineering   Commissioner of Development Services

 

 

ATTACHMENTS:

Attachment “A” – Location Map

Attachment “B” –Reference Plan to be Registered

 

Q:\Development\Engineering\REPORTS\2006\November\Bur Oak Avenue and Highway 7 Intersection Land Transfer to MTO and Town.doc