The Jefferson Private Park lies on the north side of Riverside Drive East just east of the foot of Jefferson Ave. It is described as Part Block A RP 717. Registered Plan 717 which was created in 1914 established lots on Jefferson Avenue from Riverside Drive East southerly to the VIA Rail tracks near South National Street. Title to this private park is in the name of three (3) individuals. According to documents registered in the Land Registry Office only Lots 1 to 32 on RP 717 are entitled to an easement for access to the Detroit River over this private park.
At the present time the lands are in tax arrears. If taxes remain unpaid, then some time next year the City would be in a position to register the property for tax arrears. Under those circumstances the City is required to strictly follow the tax arrears procedure set out in the Municipal Act. That procedure requires the municipality to put the property up for public sale (by public tender or public auction) one year after the property is registered for tax arrears. The Municipal Act prescribes the form and content of the tax deed, and the exact nature of the title that the successful purchaser would obtain.
While the property is going through the tax arrears process the City does not acquire any ownership interest in the land. It merely holds the lands as security for the payment of the outstanding taxes. Once it receives the funds for the outstanding taxes, the City is obligated to release its security in the lands by way of a tax arrears deed. Since the City does not obtain ownership of the lands it cannot legally convey the lands to anyone it chooses.
The City can only sell the property by way of public sale. In the event that there is no successful bidder for the lands, council has the option to then become the owner of the lands by deciding whether or not to vest the property in the municipality. Upon vesting, council can further decide whether or not to sell the property, to whom, for what price, and on what conditions. It would be only under this scenario that council could decide to attach ownership of the private park to the residential lots on Jefferson Avenue between Riverside Drive East and Wyandotte Street East.
As an alternative, when the property is going through the tax arrears public sale process, Council does have the option to also submit a bid for the property if it is interested in acquiring ownership of the lands.
Risk Analysis:
N/A
Climate Change Risks
Not applicable in the context of this report.
Climate Change Mitigation:
Not applicable in the context of this report.