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HomeMy WebLinkAboutINS-12-004 - Block Line Road ExtensionREPORT TO:Committee of the Whole DATE OF MEETING: March 5, 2012 SUBMITTED BY: Lesley McDonald, Director of Legal Services 519-741-2267 PREPARED BY: Steve Ross, Assistant City Solicitor (519-741-2266) Binu J. Korah, Manager of Development Engineering (519- 741-2974) WARD(S) INVOLVED: 3 DATE OF REPORT: Feb 26 ,2012 REPORT NO.: INS 12-004 SUBJECT: Block Line Road Extension – Acquisition of Grand River Railway Company and Canadian Pacific Rail (CPR) lands and Various Easements RECOMMENDATION: THAT the Mayor and Clerk accept the Offer/Agreement of Purchase and Sale from the Grand River Railway Company, and its lessee, the Canadian Pacific Railway Company, to purchase at the price of $87,535.28 plus applicable taxes and fees, in a form of agreement satisfactory to the City Solicitor, the lands described as follows: 1) approximately 0.159 acres of land as marked #1 on Appendix “A” to Report No. INS 12-004, to be described pursuant to a Reference Plan yet to be prepared, and 2) a construction and maintenance easement over approximately 0.536 acres of land as marked #2 on Appendix “A” to Report No. INS 12-004, to be described pursuant to a Reference Plan yet to be prepared, to accommodate a necessary embankment on the Grand River Railway Company lands; and further; THAT the Mayor and Clerk be authorized to accept a permanent easement in favour of the City of Kitchener from the Canadian Pacific Railway Company, at nominal costs, and as depicted as A on Appendix “A” to Report No. INS 12-004, to the satisfaction of the City Solicitor; and further; THAT the Mayor and Clerk be authorized to accept a permanent easement in favour of the City of Kitchener from Galt and Guelph Railway Company (CN Rail) at nominal costs, and as depicted as B and C on Appendix “A” to Report No. INS 12-004, to the satisfaction of the City Solicitor; and further; THAT the Mayor and Clerk be authorized to execute the necessary documentation with Goderich-Exeter Railway Company Limited and the Canadian Pacific Railway Company to facilitate the construction of a bridge for vehicular traffic for Block Line Road, over the ë ó ï rail lands, to the satisfaction of the City Solicitor, including, but not limited to the Grade Separation Construction Agreements; and further; THAT the Mayor and Clerk be authorized to accept a temporary easement depicted as E on Appendix “A” to Report No. INS 12-004, for construction purposes and a permanent easement depicted as D on Appendix “A” to Report No. INS 12-004, to facilitate the construction and maintenance of an embankment to the Block Line Road, both in favour of the City of Kitchener and at nominal costs, from Platinum Investment Lands, said easements to be to the satisfaction of the City Solicitor; and further; That the Mayor and Clerk be authorized to execute the necessary documentation, satisfactory to the City Solicitor, to effect the above referenced acquisitions. BACKGROUND: The City completed the Class Environmental Assessment for Block Line Road from Homer Watson Boulevard to Courtland Avenue in 2001. AECOM Consultants on behalf of City of Kitchener has completed the detailed design for the Extension of Block Line Road from Lennox Lewis Way to Courtland Avenue in 2012, while Block Line Road from Homer Watson Blvd to Lennox Lewis Way were constructed between 2001 to 2010 as separate projects. The City is planning to tender the Block Line Road extension from Lennox Lewis Way to Courtland Ave by April/May 2012 and anticipate the construction will be completed by October 2013. REPORT: AECOM on behalf of City of Kitchener has completed the detailed design for the extension of Block Line Road from Lennox Lewis Way to Courtland Avenue (see Appendix A). As per the proposed detail design, the City needs to purchase lands from Canadian Pacific (CP) Rail for extension of the Block Line Road from Lennox Lewis Way to Courtland Avenue. The exact area of the land to be purchased is 0.159 acres (as depicted as #1 on the attached Appendix “A”). In addition to the purchase of this land. the City will also require an easement over CPR lands approximately 0.67 acres depicted as #2 on Appendix “A”. CP has determined these lands are valued at $87,535.28 plus applicable taxes and fees. City will also require a permanent easement and a construction access easement from Platinum Investment Lands at nominal costs, as shown on Appendix “A”, depicted as D and E attached. City will also require a permanent aerial easement from the Canadian Pacific Railway (CPR) Company and Galt and Guelph Railway Company (CN Rail) at nominal costs for constructing the Block Line Bridge over their lands, as depicted as A, B and C on Appendix “A” attached. City staff had several discussions with all stakeholders and they are in agreement to transfer the required land and easements to the City to accommodate the road construction works. ë ó î FINANCIAL IMPLICATIONS: This project is funded out of Development Charges. All associated costs, including reference plan, appraisal, engineering and review and legal fees, land transfer tax, Land Registry fees and disbursements and all incidental costs associated with this transaction are to be paid out of the Block Line Road project. The City has sufficient funds available in the Capital project account # 237 to accommodate the acquisition proposed.. CONCLUSION: Staff recommend that the City acquires these lands from CP Rail and other parties to accommodate the proposed extension of Block Line Road from Lennox Lewis Way to Courtland Ave. ACKNOWLEDGED BY: Pauline Houston, Deputy CAO, Infrastructure Services Department and Dan Chapman, Deputy CAO, Finance and Corporate Services ë ó í ë ó ì