HomeMy WebLinkAboutFCS-12-072 - Land Exchange - Otto Street ExtensionREPORT TO: Committee of the Whole
DATE OF MEETING:
April 23, 2012
SUBMITTED BY: Steve Ross, Assistant City Solicitor (519-741-2266)
PREPARED BY:
Steve Ross, Assistant City Solicitor (519-741-2266)
Sharon Daniel, Design/Construction Project Manager
WARD(S) INVOLVED:
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DATE OF REPORT:
April 5, 2012
REPORT NO.:
FCS – 12-072
SUBJECT:
Otto Street Extension matters - Land Swap with Canada
Revenue Agency
RECOMMENDATION:
THAT the lands described as part of Lot 5, J.O. Fleischhauer’s Survey, Registered Plan
70 and identified on Appendix “B” attached hereto, be declared surplus to the City’s
needs;
THAT the Mayor and Clerk be authorized to execute an agreement to the satisfaction of
the City Solicitor, to exchange land adjacent to Otto Street with the Her Majesty the
Queen in the Right of Canada (Canada Revenue Agency), described as part of Lot 6, J.O.
Fleischhauer’s Survey, Registered Plan 70 and identified on Appendix “A” attached
hereto, for lands described as part of Lot 5, J.O. Fleischhauer’s Survey, Registered Plan
70 and identified on Appendix “B” attached hereto for no consideration;
THAT the City be responsible for all costs in connection with this land exchange
including repaving, landscaping, legal, survey, Registry Office fees and disbursements
THAT the Mayor and Clerk be authorized to execute all documentation, satisfactory to the
City Solicitor, to complete the land exchange.
BACKGROUND:
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On December 5 2011, City Council ratified an Environmental Assessment for the extension of
Otto Street from its current terminus mid block adjacent to Centre in the Square, to Queen
Street. As part of the detailed design, it was determined that a parcel of land is required from
Her Majesty the Queen in the Right of Canada (CRA), to complete the project. City staff have
negotiated with the CRA and they are agreeable to providing the land to the City in exchange for
adjacent lands of equivalent size to ensure no net loss of parking for the CRA property.
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REPORT:
Otto Street currently provides access to adjacent buildings and parking lots within Mackenzie
King Square from intersections at Frederick Street and Queen Street North. The official road
right-of-way extends 144m west of Frederick Street, terminating at a landscaped boulevard
island in front of the Centre in the Square. Although access is possible past a boulevard island,
the section west to Queen Street North is designated as a laneway and not an official right-of-
way. The existing pavement structure on both the Otto Street right-of-way and laneway is in
poor condition and in need of replacement.
In 2011, the City of Kitchener conducted a Schedule “B” Municipal Class Environmental
Assessment (EA) Study for the extension of Otto Street from Frederick Street to Queen Street
North in the City of Kitchener. A letter was issued on February 13, 2012 advising the MOE of the
completion and filing of the EA study.
As per the EA study and detailed design for Otto Street, the street will be shifted southward from
it’s current location in order to accommodate the proposed future expansion of the Centre in the
Square. This shift in turn impacts lands to the south of the current right of way, of which one of
the properties belongs to Canada Revenue Agency. This parcel of land is required to complete
the project.
Discussions with Canada Revenue Agency and the Public Works and Government Services
Canada were held and they are in agreement with exchanging the land for adjacent land from
the City parking lot in order to ensure no net loss in parking.
FINANCIAL IMPLICATIONS:
The City will be required to pay for any repaving or landscaping costs incidental to the changes
in the CRA parking lot. These costs will be accommodated in the current approved budget. No
money is exchanging hands however, the City will be required to pay all costs incurred by the
CRA as a result of this land exchange including, survey, legal, Registry Office fees and
disbursements, land transfer tax, as it is a City project.
CONCLUSION:
Staff recommend that the City accepts this Offer to Purchase.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO,
Financial and Corporate Services
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