3.       SALE OF LAND - PART OF NELSON STREET, REGISTERED PLAN 148

vente de terrain - partie de la rue nelson, pLAN ENREGISTRÉ 148

 

 

Committee Recommendations

 

That Council:

 

1.         Declare a parcel of land identified as Parcel A and shown hatched on Annex “A” attached, containing approximately 1272 m2 (0.314 acres), described as being part of Nelson Street, Registered Plan 148, in the City of Ottawa, subject to the road being stopped up and closed by by-law, as surplus to the City’s needs; and

 

2.         Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to the Estate of E.H. Honeywell and the Estate of F.E. Honeywell, for the amount of $21,980 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 désignée   comme la parcelle A et indiquée en hachuré dans l’Annexe « A » ci-jointe, comprenant environ 1272 m2 (0,314 acre), décrite comme faisant partie de la rue Nelson, Plan enregistré 148, dans la Ville d’Ottawa, sous réserve de la fermeture de la rue par règlement municipal; et

 

2.         Approuve la vente du terrain décrit en détail dans la Recommandation 1, sous réserve de toute servitude qui pourrait être requise, aux héritiers de E. H. Honeywell et à ceux de F. E. Honeywell, pour la somme de 21 980 $, PST en sus, conformément à la convention d’achat-vente reçue.

 

 

 

Documentation

 

1.   Executive Director's report (Business Transformation Services) dated 15 May 2007 (ACS2007-BTS-RPM-0009).

 

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

15 May 2007 / le 15 mai 2007

 

Submitted by/Soumis par : Stephen Finnamore, Executive Director, Business Transformation Services / Directeur exécutif, Services de transformation des activités

 

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

 

 

Ref N°: ACS2007-BTS-RPM-0009

 

 

SUBJECT:

SALE OF LAND –

PART OF NELSON STREET, REGISTERED PLAN 148

 

 

OBJET :

vente de terrain –

partie de la rue nelson, pLAN ENREGISTRÉ 148

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.         Declare a parcel of land identified as Parcel A and shown hatched on Annex “A” attached, containing approximately 1272 m2 (0.314 acres), described as being part of Nelson Street, Registered Plan 148, in the City of Ottawa, subject to the road being stopped up and closed by by-law, as surplus to the City’s needs; and

 

2.         Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to the Estate of E.H. Honeywell and the Estate of F.E. Honeywell, for the amount of $21,980 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 désignée   comme la parcelle A et indiquée en hachuré dans l’Annexe « A » ci-jointe, comprenant environ 1272 m2 (0,314 acre), décrite comme faisant partie de la rue Nelson, Plan enregistré 148, dans la Ville d’Ottawa, sous réserve de la fermeture de la rue par règlement municipal; et

 

2.         D’approuver la vente du terrain décrit en détail dans la Recommandation 1, sous réserve de toute servitude qui pourrait être requise, aux héritiers de E. H. Honeywell et à ceux de F. E. Honeywell, pour la somme de 21 980 $, PST en sus, conformément à la convention d’achat-vente reçue.

 

 

BACKGROUND

 

The subject property is part of Nelson Street, Registered Plan 148 and is located north of Donald B. Munro Drive between Carp Road and Langstaff Drive in the former Township of West Carleton and is identified as Parts 3 and 4 on a draft reference plan prepared by Peter G Smith, OLS, of Farley, Smith and Denis Surveying Ltd. The road allowance to be closed contains a total area of approximately 1,272 square metres.

. 

This road to be closed and conveyed to the abutting owner is not travelled and is not maintained by the City.  It is located within a 19.98 acre parcel of land owned by the Estates of E. H. Honeywell and F.E. Honeywell.  The subject road is to be included in a future proposed draft-plan of subdivision. 

 

In order to consolidate their development the agent for the Estates of E.H. Honeywell and F.E. Honeywell submitted an application to close portions of  Vida Street and Nelson Street. Once closed, the developer intends to purchase and incorporate the closed road allowance into its subdivision.

 

Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended approved the closure of only the portions of Vida Street and Nelson Street, subject to the following conditions:

 

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

 

  1. The road closing shall be undertaken by enactment of a road closing by-law.

 

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

 

  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.

 

During our circulation process required in accordance with the Disposal Policy approved by City Council on 14 November 2001, several objections were received to the sale of the portion of Vida Street. 

 

As a result, Vida Street will be retained in City ownership as the Carp Village Community Development Plan identifies a future pedestrian corridor on these lands.  In addition the ravine land associated with the watercourse and plans for storm water management for this area may also impact this portion of Vida Street.  The applicant/purchaser wishes to proceed with the acquisition of the portion of Nelson Street only.

 

 

DISCUSSION

 

An agreement has been reached with the abutting owner the Estates of E.H. Honeywell and F.E. Honeywell, to purchase the subject portion of Nelson Street.  The road allowance to be acquired is shown hatched on the attached Annex “A” and indicated as Parcel A and is legally described as Part of Nelson Street, Registered Plan 148. The agreement is subject to the conditions of the road closing approval and any easements that may be required.

 

The purpose of the purchase of this road allowance is to facilitate the proposed future residential development of the purchaser’s lands.

 

 

The sale price of the road allowance is $21,980 and is within the market value range, established by an independent 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 natural 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)

Rural Issues Advisory Committee (RIAC)

Pedestrian and Transit Advisory Committee (PTAC)

 

No concerns were expressed with respect to the sale of the subject portion of Nelson Street to the abutting owner.

 

The ward Councillor is aware of the intent to dispose of this property and is in support of the sale of the road allowance to the abutting owners.

 

 

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 $21,980 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