Report to/Rapport au :

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

and Council/et au Conseil

29 May 2003/le 29 mai 2003

Submitted by/Soumis par : Kent Kirkpatrick, General Manager/Directeur général,

Corporate Services Department/Services généraux

Contact/Personne ressource : D. H. McCaslin, Manager, Real Estate Services/

Gestionnaire, Services immobiliers

580-2424, ext. 22595, Douglas.McCaslin@ottawa.ca

Ref N°: ACS2003-CRS-RPR-0048

SUBJECT: OBJET :

SALE OF SURPLUS LAND – DIDSBURY ROAD VENTE DE TERRAIN EXCÉDENTAIRE – CHEMIN DIDSBURY

REPORT RECOMMENDATIONS

That the Corporate Services and Economic Development Committee recommend Council:

1. Declare a vacant parcel consisting of 2.378 ha, being part of Didsbury Road, described as Parts 1 through 10 on Plan 5R-14317, save and except Parts 1 and 2 on Plan 4R-13587, as surplus to City requirements;

2. Approve the sale of land estimated to have a market value of $118,000.00, described in Recommendation 1, to Arthur and Mary Van Gaal for $1.00, subject to any easements that may be required.

RECOMMANDATION DU RAPPORT

Que le Comité des services organisationnels et du développement économique recommande au Conseil :

1. de déclarer excédentaire, par rapport aux besoins de la Ville, un terrain vague d’une superficie de 2,378 hectares situé sur le chemin Didsbury et constituant les parties 1 à 10 sur le plan 5R-14317, à l’exception des parties 1 et 2 du plan 4R-13587.

2. d’approuver la vente du terrain décrit à la recommandation 1, dont la valeur marchande est évalué à 118 000 $, à Arthur et Mary Van Gaal, moyennant la somme de 1 $, sous réserve des servitudes requises.

BACKGROUND

On 23 May 1989, the Council for the former City of Kanata carried a motion to approve an agreement with Arthur and Mary Van Gaal for the acquisition of lands required to extend Terry Fox Drive from the CPR right of way to Fernbank Road. As part of that settlement, Arthur and Mary Van Gaal agreed to transfer the Terry Fox requirements to the City. In exchange for the Terry Fox requirements, Kanata agreed to convey a portion of Didsbury Road (formerly the 1st Line Road) to Arthur and Mary Van Gaal.

DISCUSSION

On 25 July 1990, Arthur and Mary Van Gaal transferred 5.4 ha of land required for the Terry Fox extension to the former City of Kanata. Although Kanata closed Didsbury Road in 1991, by By-law 44-91, the property was never formally declared surplus to municipal requirements nor was the land ever conveyed to the Van Gaals. In order to fulfill the terms of the agreement for the acquisition of the land required for the Terry Fox extension, it is now necessary for the City to declare the property surplus and transfer a portion of Didsbury Road to Arthur and Mary Van Gaal for $1.00.

The portion of Didsbury Road to be transferred to the Van Gaals is situated between Lots 30 and 31, Concession 10, (Rideau Front) in the geographic Township of Goulbourn. This parcel contains an area of 2.378 ha, and is described as Parts 1 through 10 on Reference Plan 5R-14317, save and except Parts 1 and 2 on Reference Plan 4R-13587.

A recent fee appraisal estimated the value of the subject property to be $118,000.00. These lands are being transferred for $1.00 to complete the 1989 Agreement.

The owners of the lands abutting the closed portion of Didsbury Road have waived any right they might have to purchase the closed road, pursuant to the Municipal Act.

PUBLIC NOTIFICATION / CONSULTATION

In accordance with policies approved by City Council on 14 November 2001, the availability of the property was circulated to all client City Departments, including the Housing Branch, to determine if it should be retained for a City mandated program. Neither the Housing Branch nor any other City Department expressed interest in retaining the property. Local governments and external agencies were also circulated, but none expressed interest in acquiring the property. However, Hydro One will require an easement to accommodate its overhead power lines and access thereto, and the City will require an easement for the Monahan Drain. The Development Services Department is aware of the proposal and supports the sale of the City’s parcel. The Ward Councillor has been made aware of the proposed sale of the property, and has no objections or concerns with staff’s recommendation.

FINANCIAL IMPLICATIONS

The sale of this property will result in revenue of $1.00 to the City. This revenue will be credited to Profit Centre 900264. Any incidental costs or expenditures associated with the transaction will be charged to Terry Fox Construction Capital Project Account 900264.

ATTACHMENTS

Attached, as Annex "A" is a sketch showing the subject property.

DISPOSITION

Corporate Services - Legal Services Branch to finalize acquisition

ANNEX A