HomeMy WebLinkAboutCRPS-10-119 - Land Exchange Agmt - Lancaster - RiverbendREPORT TO: Committee of The Whole
DATE OF MEETING: June 28, 2010
SUBMITTED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
PREPARED BY: Lesley MacDonald, Direcor of Legal Services
and City Solicitor
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: June 23, 2010
REPORT NO.: CRPS -10-119
SUBJECT: LAND EXCHANGE -LANDS RUNNING ADJACENT TO 526
LANCASTER STREET WEST AND RIVERBEND DRIVE IN
EXCHANGE FOR LANDS LEGALLY DESCRIBED AS PART
LOT 19 EBY & DEVITT'S SURVEY, PLAN 577, PART LOT
59, G.C.T. PART 2, PLAN 58R- 819
RECOMMENDATION:
That the lands described as Part Lot 59, G.C.T., AKA Lot E, Plan 577, Parts 31 & 32, 58R-7231,
Kitchener, (the "Ditch Lands")depicted more or less in the location shown on the sketch
attached to Report CRPS-10-119 be declared surplus to the City of Kitchener for the purposes of
conveyance to the owner of the adjacent property municipally known as 526 Lancaster Street
West, with the retention of an easement for the purposes of storm water flow; and further,
That the Mayor and Clerk be authorized to execute a land exchange agreement with Funshine
Investments Limited and Gerald White to convey the said Ditch Lands described above for
consolidation with the lands municipally known as 526 Lancaster Street West, owned by Gerald
White, in exchange for the City taking title from Funshine Investments Limited of the lands,
located between 526 and 544-546 Lancaster Street West, legally described as Part Lot 19 Eby &
Devitt's Survey, Plan 577, Part Lot 59, G.C.T., Part 2, Plan 58R-819, Kitchener, (the"Lancaster
Lands") on such terms and conditions as are satisfactory to the City Solicitor and the terms as set
out in Report CRPS-10-119; and further
That the Mayor and Clerk be authorized to execute any documentation necessary to facilitate the
transactions contemplated in the Land Exchange Agreement, said documentation to be
satisfactory to the City Solicitor.
BACKGROUND:
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The City previously owned the Lancaster Lands and sold it to Funshine Investments Limited
back in the late 1980's in exchange for lands which subsequently formed part of Riverbend
Drive. Funshine Investment Limited does not wish to develop this site and has asked the City to
take back the Lancaster Lands in exchange for a portion of City land which runs immediately
adjacent to 526 Lancaster Street and beside Riverbend Drive.
REPORT:
Staff has reviewed this request and supports the proposed exchange on the following conditions:
1) the owner of 526 Lancaster Street West undertaking at its expense the cost of a zone
change with respect to the Ditch Lands;
2) the City's Engineering Division's review and approval of the engineering drawing with
respect to the flowing of water through the ditch prior to the conveyance of the lands;
3) the City's retention of an easement over the Ditch Lands for storm water flow;
4) the owner of 526 Lancaster Street West assuming all costs associated with the ditch
including but not limited to the preparation of the reference plan to describe the Ditch
Lands, engineering proposal regarding the grading over of the ditch, preparation of the
engineering drawings, and the construction costs related to the piping and grading of the
ditch to accommodate future parking and incidental development on the Ditch Lands in
conjunction with the overall development of 526 Lancaster Street West; and
5) that no additional consideration pass between the parties as the exchange resolves a long
outstanding matter and the completion of this exchange will serve as the completion of
this matter.
FINANCIAL IMPLICATIONS:
All costs associated with the Ditch Lands and the proposed development is to be at the cost of
the owner of 526 Lancaster Street West, including any land transfer taxes. The City will assume
responsibility for the incidental costs to register the transfer with respect to the Lancaster Lands
and the land transfer tax associated with same.
COMMUNICATIONS:
N/A
CONCLUSION:
This exchange addresses a long outstanding matter and is supported by staff subject to the
conditions herein stated.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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