Dedication of City-owned Lands to Widen Lane
at Rear of Properties on Beresford Avenue
Ward 27, York Humber
The York Community Council recommends the adoption of the following report (March17,1999) from the Director,
Transportation Services, District 1:
Purpose:
To recommend dedication of City-owned lands previously set aside for lane widening purposes.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications associated with this proposal.
Recommendations:
It is recommended that:
(1)the lands identified as Parts 1 and 3 on reference Plan 64R-5075 be laid out and dedicated for public highway purposes
and form a widening to the adjacent public land; and
(2)the appropriate City officials be authorized to take whatever action is necessary to give effect thereto, including the
introduction in Council of any Bills that might be required.
Background:
In September 1975 the Borough of York Council authorized the sale of Borough-owned lands at the rear of properties on
Beresford Avenue. The affected lands consisted of part of a strip of land 24 feet wide at the rear of Premises Nos. 559 to
579 Beresford Avenue which separated those properties from a 10 foot wide public lane. Council also approved the
retention of a 5 foot wide strip for the future widening of the lane. Subsequently, in June 1976, the Borough Council
approved the retention of 10 feet for the future widening, with the balance of the lands being sold to the abutting property
owners.
Comments:
In accordance with the June 1976 decision of the Borough of York Council part of the 24 foot wide strip of land at the rear
of Premises Nos. 559 to 579 Beresford Avenue was sold to the owners of these properties. The lands retained for the lane
widening are identified as Parts 1 and 3 on Reference plan 64R-5075 (See Appendix A) however, the step of actually
dedicating them as public highway was never taken.
Owners of two affected properties on Beresford Avenue have recently requested that either they be granted a right-of-way
over the lands the municipality retained or that the lands be dedicated at this time as a widening to the lane. The request of
the owners is reasonable as otherwise their properties do not legally have access to the lane which provides access to the
private garages on their properties.
Conclusions:
Given that Parts 1 and 3 on Reference Plan 64R-5075 were intended by the Borough of York Council for a future widening
of the lane at the rear of Premises Nos. 559 to 579BeresfordAvenue and that the dedication of those lands as part of the lane
is necessary to ensure that those properties have legal access to their garages from the lane at the rear of those properties, it
is appropriate to dedicate those lands as a lane widening.
Contact Name:
Chi Ng, Manager
Installation and Rehabilitation Projects
Water and Wastewater Division
394-2648
