Background:
The City owns an improved two storey combined use property located at the southeast corner of College Avenue and Campbell Avenue, legally described as Lots 43 and 44, Part of Lot 42, Registered Plan 691 designated as Part 2 on plan 12R-28285, as shown on the aerial diagram attached as Appendix A.
The Subject Property was vested through CR378/2018 following an unsuccessful public sale for tax arrears.
By-Law 52-2014 establishes a policy for the disposal of Land. Section 5.1.2 of Schedule “A” attached to By-Law 52-2014 requires that City-owned lands be declared surplus and that Administration seek authority to sell the lands:
5.1.2 Notification of the intention to declare Land surplus and the authority to offer the Surplus Land for sale will be printed in the “Civic Corner” of the Windsor Star.
Discussion:
The Subject Property was circulated to determine whether there is a municipal use for same. Transportation Planning has identified the need for the retention of a corner cut off at the south-east corner of College Avenue and Campbell Avenue. As a result, a 5.82m x 5.82m corner cut off will be retained by the City prior to the conveyance of the Subject Property. The corner cut off is identified as Part 1 on Plan 12R-28285, which is attached as Appendix B. Should Recommendation III be approved a by-law will be prepared for Council’s consideration designating Part 1 on Plan 12R-28285 part of the public highway known as Campbell Avenue.
Should Recommendations I and II be approved, the Real Estate staff will list the property for sale on MLS at a price determined by the Manager of Real Estate Services, commensurate with an independent appraisal. Should Administration successfully negotiate an acceptable Offer, a report will be brought to Council or under Delegation of Authority, as appropriate, seeking authority to sell the Subject Property.
Risk Analysis:
As a City-owned property, there are potential liability issues should someone be injured on the Subject Property. Additionally, maintenance of the property drains scarce municipal resources. Failure to retain the intersection corner cut off as identified in the Official Plan may hinder future road improvement projects for the intersection. Selling the Subject Property and retaining the corner cut off will remove any associated liability issues and maintenance costs for the City.
Financial Matters:
A survey has been charged to the vesting properties project 007-2950-9998-10545-7171059. Any future expense and/or proceeds related to the selling of the Subject Property will also be charged to this project.
Consultations:
Fire Department: John LeeWindsor Police Services: Barry Horrobin
Public Works: responses consolidated by Juan Paramo