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HomeMy WebLinkAboutCOR-2021-35 - Declare Surplus to the City's Needs Lands on Bleams Road for the Purpose of Re-conveyance to the Subdivideri Staff Report �T R Corporate Services Dq,oartment www. kitchener. ca REPORT TO: Council DATE OF MEETING: December 13, 2021 SUBMITTED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, 519-741-2200, Ext. 7267 PREPARED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, 519-741-2200, Ext. 7267 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 2, 2021 REPORT NO.: COR -2021-35 SUBJECT: DECLARE SURPLUS TO THE CITY'S NEEDS LANDS ON BLEAMS ROAD FOR THE PURPOSE OF RE -CONVEYANCE TO THE SUBDIVIDER RECOMMENDATION: That the City declare surplus to its needs land legally described as Part of Lot 1, Registrar's Compiled Pan 1469 designated as Part 1 on Reference Plan 58R-12745 to permit the re -conveyance of the said lands to the Subdivider; and further That Legal Services be directed to re -convey the said lands to the Subdivider at no cost, on terms and conditions satisfactory to the City Solicitor. REPORT HIGHLIGHTS: • The purpose of this report is that Engineering Services has confirmed that the temporary sanitary pumping station is no longer required and the land can be re -conveyed to the Subdivider or its successors and assigns. The pumping station is in the process of being decommissioned. • The financial implications are that the land shall be re -conveyed for no consideration. There will be minimal disbursements incurred to complete the re -conveyance which will be paid by the Subdivider. BACKGROUND: Pursuant to Conditions of Draft Approval of Subdivision Application 30T-97025, Part of Lot 1, Registrar's Compiled Plan 1469 being designated as Part 1 on Reference Plan 58R- 12745 was conveyed by South Estate Farms Ltd. and the Estate of Morton Norris to the City by Transfer/Deed of Land registered as Instrument Number LT0127400 on July 17, 2003 for a temporary sanitary pumping station. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The Conditions of Draft Approval of Subdivision Application 30T-97025 provided that when the temporary sanitary pumping station is no longer required and is decommissioned or the lands which comprise the Plan of Subdivision Application Number 30T-97025 are serviced other than by the construction of the temporary sanitary pumping station, whichever is the earlier, the land shall be declared surplus and conveyed for no consideration to South Estate Farms Ltd. and the Estate of Morton Norris or their successors and assigns. South Estate Farms Ltd. and the Estate of Morton Norris have assigned their interest to Mattamy (South Estates) Limited. REPORT: Engineering Services has confirmed that the temporary sanitary pumping station is no longer required and can be re -conveyed to the Subdivider. The lands are being serviced by the Middle Strasburg Trunk Sanitary Sewer. The Pumping Station is in the process of being decommissioned by the Subdivider at its cost. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report will be posted on the City's website in advance of the Council meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Dan Chapman, CAO ATTACHMENTS: Attachment A — Reference Plan 58R-12745 9 9 IP 9 1p! IF 9 SIR ■ ll�q v �4 v REGIONAL MUNICIPALITY SCALE 1: 1500 OF WATERLOO MacDONALD 2000 METRES —TAMBLYN SURVEYING LTD. flill ; 1460.0 toAd IPP ail lr.1,44D GIONd, 0A i/voo PAR 11111 Jill, idir AN -w 701 wmq. # #bill 1 r# , #4?Z-f mai`'*# Vp* f,. PART 21P (TRA I'll,iiiiiiiiii'll,iiilillilljlllllllllllll111,11,111,1111111111111111 giiiiiiiiii. OAD)ELAN11226 f (ingot.} 40� Ln to Guy. PIP M52 F? T z llllllliiillllo 11 00 'wr s.. LJ� 1 �� j •Cleaviie ty P, 41� a 03 West &a* LAND REGISTRAR F V THE REGISTRY D111151ON OF WATERLOO (No. 58) I REQUIRE THIS PLAN TO 13E DEPOSITED UNDER THE REGISTRY ACT NOVEMBER 16v 2000 W.B. TAIL L * O.L.S. PART SCHEDULE PART LOT I PLAN P.I.N. � P 728 Lm � RI89 220D3< AREA NOTE: THIS PLAN COMPRISES PART OF P.I.N. 22728-0034 LUT �, �jjj��. X4 airy t �N 79 i PART —.. 7094 PARP-r 1} P LAN 58 7094 16-197 And g in in I I ) LEL(t191) mp Nsi 1 37(Mem) N1 WD.1 i 216.164 .1i And Mle=f I I i