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HomeMy WebLinkAboutFCS-12-031 - Declare Surplus Lands - Closed Portion of Homer Wa`1'~:III~„I: ~~rr~rrr~e~rr~'C~rpc~ra~~e~ervr~es~'~,~~rt~rer~~ k~t~ren:c~ REPORT TO: Mayor C. Zehr and Members of Council DATE OF MEETING: February 27, 2012 SUBMITTED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, (519)741-2267 PREPARED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, (519)741-2267 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: February 15, 2012 REPORT NO.: FCS-12-031 SUBJECT: REQUEST TO DECLARE SURPLUS TO THE CITY'S NEEDS A CLOSED PORTION OF HOMER WATSON BOULEVARD AND CONVEY SAME TO THE REGIONAL MUNICIPALITY OF WATERLOO RECOMMENDATION: That the City declare surplus to its needs a portion of Homer Watson Boulevard legally described as Part Street Widening, Plan 1309, closed by City of Kitchener By-law 489267, to permit the conveyance of the said portion of closed road to The Regional Municipality of Waterloo; and further That Legal Services be directed to complete a Transfer of the said portion of closed road to The Regional Municipality of Waterloo for nominal consideration with all disbursements to be paid by The Regional Municipality of Waterloo, on terms and conditions satisfactory to the City Solicitor. BACKGROUND: The City of Kitchener passed By-law 73-63 on January 15, 1973 to stop up and close a portion of Homer Watson Boulevard as widened by Registered Plan Number 1309. The approximate portion was 1 foot wide and runs East approximately 369 feet from the South East corner of Homer Watson Boulevard and Doon Village Road intersection (see attached map). The By-law was registered on title to the property as Instrument Number 489267 on March 15, 1973. REPORT: The closed portion was never conveyed to the adjacent owner nor was it transferred to The Regional Municipality of Waterloo. As Homer Watson Boulevard is a Regional road, the closed portion should be conveyed to The Regional Municipality of Waterloo and they will dedicate same as part of Homer Watson Boulevard. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Not applicable. FINANCIAL IMPLICATIONS: The Regional Municipality of Waterloo will be responsible for all costs associated with the conveyance of the closed portion of road to them. COMMUNITY ENGAGEMENT: Not applicable. CONCLUSION: It is appropriate for the City to declare the portion of closed road surplus to its needs and to convey same to The Regional Municipality of Waterloo. ACKNOWLEDGED BY: Dan Chapman, Deputy Chief Administrative Officer, Finance and Corporate Services tt~a~ion~c~in~r~df'c~~~~c?in~i~fi`~~'~5~~~;~~ pr€~~''~i~tF~r~~~ ~~,~~~~~~~,~spx ~,F;~~ f~?Ol?