HomeMy WebLinkAboutCRPS-10-056 - Request to Declare Surplus Lands - Habitat for Humanity
REPORT
REPORT TO:
Committee of the Whole
DATE OF MEETING:
May 3, 2010
SUBMITTED BY:
Lesley MacDonald, City Solicitor (Ext. 2267)
PREPARED BY:
Lesley MacDonald, City Solicitor (Ext. 2267)
WARD(S) INVOLVED:
4
DATE OF REPORT: April 26, 2010
REPORT NO.:
CRPS-10-056
SUBJECT:
REQUEST TO DECLARE SURPLUS TO THE CITY'S NEEDS
PART 1, 58R-16774 AND ONE FOOT RESERVE BEING
PART 6 ON REFERENCE PLAN 58R-620 - LAND
EXCHANGE WITH HABITAT FOR HUMANITY
RECOMMENDATION:
That the parcel of land described as Part of Howe Drive, Registered Plan 1240 (closed by
By-law 7034, Instrument Number 437120) being Part 1 on Reference Plan 58R-16774 be
declared surplus to the City’s needs and conveyed to Habitat for Humanity Waterloo
Region Inc.;
That the one foot reserve described as Part Lot 48, German Company Tract and Part Lot
K, Plan 794 being Part 6 on Reference Plan 58R-620 be declared surplus to the City’s
needs and conveyed to The Regional Municipality of Waterloo as part of Westmount
Road East;
That the Mayor and Clerk be authorized to execute any documentation in this regard
required by and to the satisfaction of the City Solicitor.
BACKGROUND:
On October 13, 2009 Council authorized the execution of a Land Exchange Agreement with
Habitat for Humanity Waterloo Region Inc. to convey the parcel of City owned land abutting the
southerly and southeasterly boundaries of the lands known as 23 Howe Drive and described as
Blocks V and W and Part Block U, Registered Plan 1240 in exchange for the parcel of land
owned by Habitat for Humanity Waterloo Region Inc. abutting the northwesterly boundary of 23
Howe Drive and the Conestoga Parkway and described as Part Lot 48, German Company Tract
and Part Lot K, Registered Plan 784 as set out in Report CRPS-09-136. Council further
authorized that the said lands be declared surplus to the City’s needs.
Subsequent to Council’s approval of the land exchange, Habitat for Humanity Waterloo Region
Inc. had a Reference Plan prepared showing the City owned lands to be acquired by them. The
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Reference Plan shows the said lands as Parts 1, 2, 3 and 4 on Reference Plan 58R-16774, a
copy of which is attached hereto as Appendix “A”.
Part 1 on Reference Plan 58R-16774 includes Part of Howe Drive, Registered Plan 1240 which
was closed by By-law 7034 registered on title as Instrument Number 437120. The closed
portion of Howe Drive was not specifically included in the legal description of the City owned
lands set out in our previous Report to Council requesting authorization for the land exchange.
However, they were included in the “City Lands” shown on the sketch attached as Appendix “A”
to Report CRPS-09-136.
We received a request from the Regional Municipality of Waterloo for the conveyance to them of
the one foot reserve legally described as Part Lot 48, German Company Tract and Part Lot K,
Plan 784 being Part 6 on Reference Plan 58R-620. The said one foot reserve is also shown on
the copy of Reference Plan 58R-16774 attached.
The Region advises that the said one foot reserve was in place to control access to the adjacent
roadway at the time it was a City road. Now that Westmount Road is in place under the
Region’s jurisdiction, all access is controlled through their Access Policy and accordingly the
one foot reserve can be lifted and dedicated as road allowance.
REPORT:
In order to complete the land exchange transaction it is necessary for the City to declare the
closed portion of Howe Drive shown as Part 1 on Reference Plan 58R-16774 to be surplus to
the City’s needs.
FINANCIAL IMPLICATIONS:
Habitat for Humanity Waterloo Region Inc. will continue to be responsible to pay all costs
associated with the proposed land exchange transaction.
The Region will be responsible for the minimal costs incurred with respect to the conveyance of
the one foot reserve to them.
COMMUNICATIONS:
Planning and Engineering have been circulated with the Region’s request regarding the
conveyance of the one foot reserve and have no objections.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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