HomeMy WebLinkAboutFCS-11-052 - Request to Declare Surplus Lands - Sylvia StreetREPORT TO:Committee of the Whole
DATE OF MEETING:
March 28, 2011
SUBMITTED BY: Steve Ross, Assistant City Solicitor, Ext. 2266
PREPARED BY:
Bev Grant-Campbell, Legal Services Administrator, Ext.
2858
WARD(S) INVOLVED:
Ward 1
DATE OF REPORT:
March 7, 2011
REPORT NO.:
FCS-11-052
SUBJECT:
REQUEST TO DECLARE PART 1, 58R-17057 SURPLUS
TO CITY’S NEEDS AND TO CONVEY EASEMENT TO
JAMES DICKSON FOR TEMPORARY TURNING CIRCLE -
30T-02201 – SYLVIA STREET
RECOMMENDATION:
“That the City declare surplus to its needs a portion of Sylvia Park legally described as
Part of Lot 9, Registered Plan 675 being Part 1 on Reference Plan 58R-17057, to permit
the conveyance by the City of an easement in favour of James Terrill Dickson for a
temporary turning circle; and further
That Legal Services be directed to complete a Transfer Easement over the said lands to
James Terrill Dickson for the construction of a temporary turning circle, on terms and
conditions satisfactory to the City Solicitor.”
BACKGROUND:
The Conditions of Draft Approval for Subdivision 30T-02201 provide that prior to the registration
of Stage 2, the Subdivider (James Terrill Dickson) shall obtain an easement from the City for the
use of a portion of Sylvia Park for a temporary turning circle. Mr. Dickson agreed to pay the
sum of $10,000.00 to the City for the easement rights. Mr. Dickson further agreed to construct
the required temporary turning circle at his sole cost and to the satisfaction of the City’s Director
of Engineering Services and the City’s Director of Operations. Mr. Dickson will release and
reconvey the easement back to the City when the temporary turning circle is no longer required
and further shall complete the removal of the turning circle, including restoration of the
remaining berm and landscaping altered by the installation of the temporary turning circle.
REPORT:
The Subdivision Agreement for 30T-02201 was dated March 23, 2009 and registered as
Instrument Number WR513388 on January 6, 2010. Stage 1 of the Subdivision was registered
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as 58M-500 on July 21, 2010. Mr. Dickson is now ready to register Stage 2. The Transfer
Easement for the temporary turning circle must be in place prior to the registration of Stage 2.
Attached is a copy of Reference Plan 58R-17057. The temporary turning circle lands are shown
as Part of Lot 9, Plan 675 being Part 1, 58R-17057. Mr. Dickson paid for the cost of preparing
the said Reference Plan.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority: Development.
The requirement for the City to provide the easement to the Subdivider was included as a
condition of draft approval for this subdivision and the said conditions of draft approval were
approved by Council on January 12, 2009.
FINANCIAL IMPLICATIONS:
The Subdivider will be responsible for all costs associated with the construction of the temporary
turning circle and the restoration of the City’s lands once the temporary turning circle is no
longer required. The Subdivider is paying the sum of $10,000.00 to the City for the easement
rights together with all registration costs associated with registration of the Transfer Easement
document.
COMMUNITY ENGAGEMENT:
Community engagement occurred at the planning approval stage and is not necessary at this
point. Internal staff and outside utility companies have been circulated for their comments
and/or approval.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO Finance and Corporate Services
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