Comité des transports
and Council / et au Conseil
9 January 2008 / le 9 janvier 2008
Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur des
services municipaux
Contact Person/Personne ressource : Timothy C. Marc, Senior Legal Counsel
Legal
Services/Services juridiques
(613)
580-2424 x21444, timothy.marc@ottawa.ca
SUBJECT:
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OBJET :
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That Transportation Committee and Council consider the request that Rockcliffe Road be formally confirmed as a private road.
Que le Comité des transports et le Conseil
considèrent la demande que le chemin Rockcliffe soit officiellement confirmé
comme étant un chemin privé.
Rockcliffe
Road is a narrow road that runs from Lisgar Road to Coltrin Street in the
former Village of Rockcliffe Park. The
road is not paved and is approximately 335m in length and 6.1m in width. An aerial photograph of the road is being
provided separately from this report.
On February 3, 1929, a
plan of subdivision was registered for lands in the vicinity of Rockcliffe
Road. On this plan of subdivision, a
parcel of land described as Strip "G” is found. Upon review, Strip “G” appears to be in approximately the same
location as the present Rockcliffe Road.
The title to the road/Strip “G” is not vested in the City of
Ottawa. Rather, the land upon which the
road is located is vested in the names of the adjacent property owners, being
Kenneth Loeb and the United States of America.
The City has been
approached to formally acknowledge that the road is within private
ownership. This request arose in the
context of a desire by one of the adjacent landowners to redevelop their land
on Rockcliffe Road.
DISCUSSION
Staff undertook an
investigation to determine the legal status of Rockcliffe Road. In the case of Rockcliffe Road, the title to
the road is within Land Titles and it is shown to be in private ownership. Briefly, by way of background, there are two
land registration systems in Ontario: Land Registry; and Land Titles. In Land Registry, no detailed review is
undertaken by the government with respect to the validity or meaning of the
documents presented for registration.
However, in Land Titles system, such a review does take place and title
is certified by the Director of Land Titles.
These facts support the conclusion that Rockcliffe Road is a private road.
The Rockcliffe Park Community Association is aware of this issue and would prefer that the City take the position that Rockcliffe Road is a public road. The Ward Councillor supports the Association’s position.
There are no financial implications with respect to formally confirming that Rockcliffe Road is a private road.
Document 1 – Aerial Photograph of Rockcliffe Road - Distributed separately and on a file with the City Clerk.
Legal Services will respond to the request for the confirmation of the status of Rockcliffe Road.