10.    sale of land - part of slater street - adjacent to 199 slater street

vente de terrain - partie de la rue slater - adjacent au 199, rue slater

 

 

 

Committee Recommendations

 

That Council:

 

1.   Declare a vacant parcel of land shown hatched on Annex “A” attached, containing approximately 56 m2, described as being part of Slater Street, Registered Plan 3922 being Part 1, Plan 5R-13986, 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 Slater Street (Ottawa) Inc., for the amount of $62,300 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

           

Recommandations du comité

 

Que le Conseil :

 

1.   déclare excédentaire aux besoins de la Ville une parcelle de terrain vacant indiquée en hachuré dans l’Annexe “A”  ci-jointe, d’une superficie approximative de 56 m2, décrite comme faisant partie de la rue Slater, Plan enregistré 3922 constituant la partie 1, Plan 5R-13986, dans la Ville d’Ottawa, sous réserve de la fermeture de la rue par règlement;

 

2.   approuve la vente du terrain détaillé dans la recommandation 1, sous réserve de toute servitude qui pourrait être requise, à Slater Street (Ottawa) Inc. pour la somme de 62,300$, TPS en sus, conformément à la convention d’achat-vente reçue.

 

 

 

 

 

Documentation

 

1.   Chief Corporate Services Officer's report dated 30 November 2006 (ACS2007-CRS-RPM-0007).

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

06 February 2007/le 06 février 2007

 

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

Chef des Services généraux

 

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

Real Property Asset Management/Gestion des actifs des biens immobiliers

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

 

Somerset (14)

Ref N°: ACS2007-CRS-RPM-0007

 

 

SUBJECT:

SALE OF LAND - PART OF SLATER STREET -

ADJACENT TO 199 SLATER STREET

 

 

OBJET :

vente de terrain – partie de la rue slater –

adjacent au 199, rue Slater

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.   Declare a vacant parcel of land shown hatched on Annex “A” attached, containing approximately 56 m2, described as being part of Slater Street, Registered Plan 3922 being Part 1, Plan 5R-13986, 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 Slater Street (Ottawa) Inc., for the amount of $62,300 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 aux besoins de la Ville une parcelle de terrain vacant indiquée en hachuré dans l’Annexe “A”  ci-jointe, d’une superficie approximative de 56 m2, décrite comme faisant partie de la rue Slater, Plan enregistré 3922 constituant la partie 1, Plan 5R-13986, dans la Ville d’Ottawa, sous réserve de la fermeture de la rue par règlement;

 

2.   d’approuver la vente du terrain détaillé dans la recommandation 1, sous réserve de toute servitude qui pourrait être requise, à Slater Street (Ottawa) Inc. pour la somme de 62,300$, TPS en sus, conformément à la convention d’achat-vente reçue.

 

 

BACKGROUND

 

The subject property is part of the Slater Street road allowance.  The City acquired the lands for road widening purposes from the owners of 199 Slater Street in 1991 as a condition of site plan approval.

 

The City no longer requires the subject property for road widening purposes as it is anticipated that any future reconstruction of Slater Street would occur within the original Slater Street right-way.  The Department of Public Works and Services has requested that the City retain an easement over the lands being conveyed for pedestrian use.  This will allow for an increased functional width of the sidewalk at this location.  There is also a fire hydrant located within the subject land and the sale will be subject to an easement in favour of the City to protect the fire hydrant.

 

Hydro Ottawa has indicated that they may have a hydro manhole located very close to the property line and they may require an easement once the exact location is verified.  The road to be closed by by-law and sold to the purchaser contains approximately 56 m2. 

 

The application submitted to the Planning, Transit and the Environment Department to close the portion of the road allowance, has been approved by the Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended, subject to the following conditions:

 

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

 

  1. The value for the conveyance of the closed road shall be determined by, and be subject to City Council approval;

 

  1. 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;

 

  1. That prior to the enactment of the closing by-law, the applicant shall provide the following material to the satisfaction of the City Solicitor:

 

(i)                  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 all such parcels of land, to the satisfaction of the City Surveyor;

 

(ii)                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;

 

(iii)               A binding Agreement of Purchase and Sale shall have been entered into by the City and the applicant/purchaser(s) for the closing road;

 

  1. Should the conditions of 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;

 

  1. 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 completed pursuant to an Agreement of Purchase and Sale.

 

 

DISCUSSION

 

An agreement has been reached with the abutting owner, Slater Street (Ottawa) Inc., to purchase the subject portion of Slater Street.  The road allowance to be acquired is shown hatched on the attached Annex “A” and is described as part of Slater Street, Registered Plan 3922 and more particularly described as Part 1, Plan 5R-l3986.  The agreement is subject to the conditions of the road closing approval and any easements that may be required.

 

Site plan approval for a new nine storey development was given on 16 March 2006, conditional upon the owner acquiring the subject portion of Slater Street as a portion of the proposed building will extend onto a portion of this area.  The use is consistent with the current zoning.  Rezoning is not being contemplated.

 

The sale price of the road allowance is $62,300 and is within the market value range, established by an appraisal. 

 

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

 

 

ENVIRONMENTAL IMPLICATIONS

 

The Environmental Sustainability Division of Planning, Transit and the Environment Department have confirmed that there are no environmental implications with the sale of the road allowance.

 

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, Transit and the Environment, to determine if the road allowance should be retained for a City mandated program.  The Environmental Management Group of the Planning, Transit and the Environment 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 the sale will be subject to the required easements.

 

The following Advisory Committees have been circulated:

 

Local Architectural Conservation Advisory Committee (LACAC)

Ottawa Forests and Greenspace Advisory Committee (OFGAC)

Environmental Advisory Committee (EAC)

Parks and Recreation Advisory Committee (PRAC)

Roads and Cycling Advisory Committee (RCAC)

 

No concerns were expressed with respect to the sale of the subject road allowance to the abutting owner.

 

The ward Councillor has been made aware of the intent to dispose of the subject road allowance through circulation and did not indicate any objection to the sale in the response received.

 

 

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 is a non-viable property and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $62,300 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.

 

ANNEX A