June 23, 1998
To:North York Community Council
From: Jim S. Kinrade, Commissioner of Transportation, North York Office
Re: Post Road road allowance east of Bridle Heath Gate, Ward 9, North York Centre South
Purpose:
o legally close that portion of the Post Road road allowance, east of Bridle Heath Gate and
dedicate the same as parkland. Ownership to be retained by the City.
Funding Sources:
Not applicable.
Recommendations:
1. Legally close that unimproved portion of the Post Road road allowance which extends east
of Bridle Heath Gate and dedicate it as parkland.
2. The closure be subject to the provision of utility easements as required.
Background History:
In 1975, North York Parks and Recreation Department expropriated approximately 0.3156
hectares from the rear of 1 Bridal Heath Gate. The expropriated property is below the top of
the bank at the southern limit of Windfields Park and was acquired for the purpose of access
to the watercourse for flood control and maintenance of the Wilket Creek. Windfields Park
was never formally extended to include the expropriated land.
In October 1995, Mrs. Arend, the owner of No.1 Bridle Heath Gate, contacted the North York
Parks and Recreation Department requesting to purchase a portion of the property which had
been expropriated as No.1 Bridle Heath Gate could not comply with the R1-A zone of the
Zoning ByLaw where the minimum lot size is 0.81 hectares(2 acres). The request of Mrs.
Arend was not granted.
Discussion:
In July 1997, Mr. Karsten Arend, made a request with respect to the possible acquisition of
that portion of the Post Road road allowance abutting No.1 Bridle Heath Gate to the south.
The purpose of the acquisition was to build a new driveway and to close access to the general
public from accessing the public valley lands to the east. Apparently at times such as luncheon
hours, fast food wrappers and soft drink containers have been deposited along the unimproved
road allowance by certain members of the public although this issue has never been brought to
the City's attention for investigation.
At a point, approximately 15 metres east of Bridle Heath Gate, the subject portion of road
allowance slopes down into the valley lands and connects with the west branch of the Wilket
Creek. A 300-mm diameter municipal water main and a 250-mm diameter municipal sanitary
sewer are located within this portion of Post Road. An existing row of mature deciduous trees
(approximately fifteen ) are planted within and along the north side of the road allowance.
Mr. Arend has assured staff that if he was successful in his bid to acquire that portion of Post
Road road allowance, he would not destroy the existing trees and would accept whatever
easements necessary to protect municipal services and/or public utilities.
More recently however, representatives of the Parks and Recreation Department, North York
Office, have advised of ongoing work in the valley to the east with respect to the Wilket Creek
sanitary trunk sewer, and in particular the need to protect for municipal access to both sides of
the watercourse by the various municipal authorities or agencies which may be involved.
Conclusion:
While it has been determined that the road allowance is surplus to the road needs of the
municipality, ongoing ownership is required until the access provisions from the west side of
the watercourse and the valley have been resolved. Therefore, it is deemed appropriate that the
subject section of Post Road road allowance be legally closed, retained in the ownership of the
City and dedicated at this time as parkland. If in the future any part of this property is deemed
surplus to the City's needs, then the abutting property owners, who have shown an interest in
the property acquisition, may be approached and advised accordingly.
Contact Name:
Colin Couper, Director of Transportation Planning,
Works and Emergency Services, Transportation, North York Office.
Telephone 395-7470, Fax 395-7482, e-mail cwcouper@city.north.york.on.ca.
(Copy of attachment is on file in the office of the City Clerk.)
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