Report to: Development Services Date
of Meeting: November
21, 2006
SUBJECT: Closure
of Temporary Section of Riverlands Avenue east of Bur
Oak Avenue in the Cornell Community
PREPARED BY: Brian
Lee, Manager, Development Engineering, ext. 4838
RECOMMENDATION:
That the
November 21, 2006, report entitled “Closure of Temporary Section of Riverlands
Avenue east of Bur Oak Avenue in the Cornell Community,” be received;
And that Parts 2 to 5 inclusive
and Part 10 on Plan 65R-28526 be declared surplus;
And that a by-law be enacted on
Council’s November 28, 2006 meeting, to stop up and close part of Riverlands
Avenue, being Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526 as described
in Attachment “B”, upon completion and opening of Bur Oak Avenue to Highway 7;
And that the Mayor and Clerk be
authorized to execute all related documents necessary, in a form satisfactory
to the Town Solicitor to convey Parts 2 to 5 inclusive and Part 10 on Plan
65R-28526 to Wykland Estates Inc. for nominal consideration;
And that Wykland Estates Inc. pay
the following to the Legal Department to compensate for all municipal
processing costs:
a)
A payment of $2,000.00 for Engineering
fees; and
b)
A payment of $1,000.00 plus G.S.T. for Legal expenses
plus disbursements.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Wykland Estates Inc. is required
to pay the Town $2,000.00 for Engineering fees
plus G.S.T and $1,000.00 plus G.S.T for Legal expenses plus disbursements to
process this land transfer. The above
costs will be paid by Wykland Estates Inc. prior to the land transfer.
The
purpose of this report is to stop up and close Riverlands Avenue east of the
Bur Oak Avenue in the Cornell Community as soon as Bur Oak Avenue from Church
Street to Highway 7 is complete and opened to the public (see Attachment “A”)
and to re-convey the closed road to its original owner, Wykland Estates Inc.
On June 28, 2005, Council endorsed
the request from Wykland Estates Inc. to construct Riverlands
Avenue from Bur Oak
Avenue to the existing Markham By-Pass as an interim
route to offset the delay of completion of the section of Bur Oak
Avenue from Church
Street to Highway 7. This route was designed to provide a temporary
north-south connection to the Markham Stouffville Hospital and the
Cornell Community via the Markham By-pass while Bur Oak
Avenue was being completed to Highway 7. In anticipation of the completion of Bur Oak
Avenue to Highway 7 by the end of 2006, the
necessary Council authorization is required to stop up and close this temporary
section of Riverlands Avenue upon the
opening of Bur Oak Avenue to
Highway 7.
Wykland
Estates Inc. (Wykland) in executing the Riverlands Avenue and Bur Oak Avenue
development agreement on March 29, 2006, conveyed Parts 2 to 5 inclusive and
Part 10, Plan 65R-28526 to the Town to be established as part of Riverlands
Avenue, for nominal consideration.
The
temporary arrangement for Riverlands Avenue as an
alternative route to Hwy 7 was captured in the March 2006 development agreement
as follows:
“4.15 Town May require Roads to be Closed:
The Owner
acknowledges and agrees that Riverlands Avenue and the future north/south collector (Part 4)
are constructed as an alternative route to the Markham-Stouffville Hospital until completion of Bur Oak Avenue from Church Street to Highway 7.
The Town
reserves the right, at the discretion of the Director of Engineering and the
Town Solicitor, to instruct the Owner to barricade off Riverlands Avenue from Bur Oak Avenue to the existing Markham By-pass upon completion
of Bur Oak
Avenue
and until this portion of Riverlands Avenue is integrated into future plan(s) of
subdivision(s).”
The alignment of the ultimate Riverlands Avenue based on the final draft plan of subdivision to
be approved in the future, may need to be modified. The final configuration of Riverlands Avenue may or may not include all of the current road alignment. The road in its final configuration will be
dedicated in a future subdivision agreement.
Currently,
Wykland does not have servicing allocation so development is not scheduled
until about 2011. Staff recommend that
the temporary Right-of-Way be stopped up and closed and the lands be reverted
back to Wykland. The Town will no longer
be responsible for maintenance of the temporary roads and the developer will be
required to barricade the road and sign it as private property. This will eliminate any Town liability in
terms of maintaining the lands.
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,
Development Services
Attachment
“A” – Location Map
Attachment
“B” – Plan 65R-28526
Q:\Development\Engineering\REPORTS\2006\November\Closure
of Riverlands Avenue east of Bur Oak Avenue in the Cornell Community.doc