4.       SALE OF LAND - PART OF OAK CREEK ROAD


VENTE DE TERRAIN – PARTIE DU CHEMIN OAK CREEK

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 2,690.8 m2 (0.66 acres), subject to final survey, being part of Oak Creek Road, indicated as Parcel “A”, geographic Township of Huntley, in the City of Ottawa, subject to the road being stopped up and closed by by-law, as surplus to the City’s needs;

 

2.                  Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to Douglas R. Rivington, for the amount of $12,000, plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

RECOMMENDATIONS DU COMITÉ

 

Que le Conseil :

 

1.                  déclare excédentaire, par rapport aux besoins de la Ville, le terrain vacant illustré à l’annexe A et ayant une superficie approximative de 2 690,8 m2 (0,66 acre), sous réserve du levé final, constituant une partie du chemin Oak Creek et correspondant à la parcelle A, canton géographique de Huntley, à Ottawa, à la condition que la route soit fermée par voie de règlement municipal;

 

2.                  approuve la vente du terrain décrit à la recommandation 1, sous réserve des servitudes requises, à Douglas R. Rivington, moyennant la somme de 12 000$ (TPS non comprise), conformément à un contrat de vente qui a été reçu.

 

 

DOCUMENTATION

 

1.         Chief Corporate Services Officer’s report dated 20 March 2006
(ACS2006-CRS-RPM-0026).

 

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

20 March 2006/le 20 mars 2006

 

Submitted by/Soumis par : Greg Geddes, Chief Corporate Services Officer/

Chef des Services généraux

 

Contact Person/Personne ressource : Gordon MacNair, Acting Manager Real Estate Services

Real Property Asset Management/Gestion des actifs des biens immobiliers

(613) 580-2424 x 21217, Gordon.MacNair@ottawa.ca

 

West Carleton (5)

Ref N°: ACS2006-CRS-RPM-0026

 

 

SUBJECT:

SALE OF LAND - PART OF OAK CREEK ROAD

 

 

OBJET :

VENTE DE TERRAIN – PARTIE DU CHEMIN OAK CREEK

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend that Council:

 

1.         Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 2,690.8 m2 (0.66 acres), subject to final survey, being part of Oak Creek Road, indicated as Parcel “A”, geographic Township of Huntley, in the City of Ottawa, subject to the road being stopped up and closed by by-law, as surplus to the City’s needs;

 

2.         Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to Douglas R. Rivington, for the amount of $12,000, plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

RECOMMANDATIONS 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, le terrain vacant illustré à l’annexe A et ayant une superficie approximative de 2 690,8 m2 (0,66 acre), sous réserve du levé final, constituant une partie du chemin Oak Creek et correspondant à la parcelle A, canton géographique de Huntley, à Ottawa, à la condition que la route soit fermée par voie de règlement municipal;

 

2.         d’approuver la vente du terrain décrit à la recommandation 1, sous réserve des servitudes requises, à Douglas R. Rivington, moyennant la somme de 12 000$ (TPS non comprise), conformément à un contrat de vente qui a été reçu.

 

 

BACKGROUND

 

The subject road allowance is untravelled and is situated between Concession 1 and 2, geographic Township of Huntley.  The road allowance bisects property owned by the purchaser. 

 

The closure and sale provides the purchaser with a contiguous parcel as he currently owns land on both sides of the road allowance. 

 

The application submitted to the Planning and Growth Management Services Department to close the subject portion of the road allowance has been approved, subject to the following conditions.

 

1.      Notice of the proposed closing shall be given in accordance with By-law No. 2002-522.

 

2.      A conveyance of a closed road shall be at current market value in accordance with By-law No. 2002-38.

 

3.      The applicant/purchaser(s) will be responsible for all costs of the road closing and sale including the application fee (which includes the cost of advertising/giving notice), survey/reference plan, appraisal (if any), removal of encumbrances (if any), registration of documents, land transfer tax and GST (if applicable).

 

4.      Prior to enactment of the by-law (if the City is selling the closed road): 

 

(a)         the applicant/purchaser(s) shall have provided to the City Solicitor a plan of survey/reference plan, showing the road, or portion thereof, to be closed, the parcels of land therein to be conveyed to all parties, any existing or required utility easements and a registerable legal description of such parcels of land, to the satisfaction of the City Solicitor and the City Surveyor;

 

(b)         the applicant/purchaser(s) of all closed portions of the road being sold shall have provided to the City Solicitor written confirmation that any zoning violation which may result from the closing will be the applicant/purchaser(s) responsibility to remedy; and

 

(c)         a binding Agreement(s) of Purchase and Sale shall have been entered into by the City and the applicant/purchaser(s) for the closed road.

 

5.      Should the conditions in Paragraph 4 above not be fulfilled within one (1) year of the date of approval of the road closing application, the approval of the road closing application shall be null and void.

 

6.      The Municipal Act provides that the closing by-law enacted by City Council does not take effect until registered on title.  If the City is selling the closed road, the by-law will not be registered on title until such time as the conveyance of the closed road is to be completed pursuant to the Agreement of Purchase and Sale.

 

DISCUSSION

 

An agreement has been reached with Mr. Rivington, to purchase that portion of the subject road allowance adjacent to his property. The parcel is shown on the attached Annex “A” as Parcel “A” and is legally described as part of the road allowance between Concessions 1 and 2, geographic Township of Huntley, also known as Oak Creek Road.  The agreement of purchase and sale is subject to the conditions of the road closing approval and any easements that may be required.

 

The zoning of the City property is RU-14, Rural Zone.  The RU-14 zone permits various farm uses as well as a fully detached dwelling house. The intended use by purchaser is to include the road allowance being purchased with his two parcels creating one contiguous property for residential development. 

 

The sale price being recommended is within the market value range established by an independent appraisal report.  The purchaser will also reimburse the City for the cost of its appraisal in the amount of $1,792, pursuant to the conditions of the road closing approval.

 

The offer is considered fair and reasonable and is recommended for acceptance.

 

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, Public Works and Services and Planning and Growth Management, to determine if the parcel should be retained for a City mandated program.  The Environmental Management Group of the Planning and Growth Management Department was consulted with respect to the Greenspace Master Plan and their comments are indicated under the Environmental Implications section of this report.  Neither the Housing Branch nor any other City Department expressed interest in retaining the property.

 

The utility companies were also circulated and no requirements were indicated.

 

The circulation of this property predated the implementation of the new circulation practices and only the Local Architectural Conservation Advisory Committee Coordinator was circulated.

 

The ward Councillor has been made aware of the intent to dispose of the subject property and supports staff’s recommendation.

 

ENVIRONMENTAL IMPLICATIONS

 

The proposed sale of this property does not involve natural environment or greenspace network areas or objectives from the City’s draft Greenspace Master Plan or from its evaluation of significant environmental features within the City.  Environmental impacts are not anticipated as a result of this decision.

 

HOUSING FIRST POLICY

 

The Official Plan policy directs that the City make land available for affordable housing and give priority for the sale or lease of surplus City-owned property for this purpose. 

 

The Housing First Policy approved by Council on 13 July 2005 establishes priority consideration to the Housing Branch in the identification of potentially surplus City-owned property to be used in achieving the City’s affordable housing program targets.  The policy also requires that the Official Plan target of 25% affordable housing be met on any City-owned property sold for residential development.   Where viable residential properties are disposed of without a condition requiring an affordable housing component, 25% of the proceeds from the sale are to be credited to a housing fund to be used for the development of affordable housing elsewhere in the City.

 

The subject property is in a zone that permits residential development, however it is non-viable and of use only to the abutting owner.  The property therefore does not meet the affordable housing criteria outlined in the Housing First Policy.

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $12,000 to the Corporation and will be credited to the City’s Sale of Surplus Land Account

 

SUPPORTING DOCUMENTATION

 

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

 

DISPOSITION

 

Following Council’s approval, Real Property Asset Management and Legal Services Branches will finalize the transaction.