HomeMy WebLinkAboutINS-12-027 - Magdalena Court Walk Block 147 - Purchase and Sale
REPORT TO:Finance & Corporate Services Committee
DATE OF MEETING: April 16, 2012
SUBMITTED BY: Binu Korah, P.Eng., Manager Development Services,
(519) 741-2974
PREPARED BY:
Jared Puppe, C.E.T, Engineering Technologist,
(519) 741-3400 ext. 3207
WARD(S) INVOLVED:
5
DATE OF REPORT:
April 9, 2012
REPORT NO.:
INS 12-027
SUBJECT: Magdalena Court Walk Block 147 – Purchase and Sale
RECOMMENDATION:
THAT Walk Block 147 of Registered Plan of Subdivision 58M-451 be deemed surplus
land; and,
THAT Section 2.2 of Council Policy Resolution No. I-1074 establish the land valuation for
Walk Block 147; and,
THAT the Mayor and Clerk be authorized to execute the Purchase and Sale Agreements
for Walk Block 147 to the satisfaction of the City Solicitor; and further,
THAT the Legal Department be authorized to prepare a By-law to close Walk Block 147.
BACKGROUND:
Walk Block 147 was created through Registered Plan of Subdivision 58M-451, known as the
Eby Estates Subdivision, located along Bleams Road. Walk Blocks are typically required at the
terminus of cul-de-sacs to provide pedestrian access, emergency access, for underground
servicing or access to various public amenities such as open space parks as in this case.
REPORT:
Through the detail design stage of the Eby Estates Subdivision it was identified that a significant
grading transition was necessary in order to provide access from Magdalena Court to the
Michael Donnenwerth Park (Block 140). A 4.0 metre high concrete stairway would be required;
to accommodate the grade change and facilitate access. Stairways are not desirable as means
of access to and from public facilities as they create a barrier for people with physical
challenges and are financially burdensome from a maintenance perspective. Both Operations
and Engineering staff have determined that the Walk Block is no longer required to provide
access to the Michael Donnenwerth Park as the park currently has three barrier free access
points as illustrated in Appendix A. It should be noted that no underground servicing exists
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beneath the Walk Block nor is it required to function as a drainage feature to convey major
overland flow.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
By deeming the subject Walk Block lands surplus and thereby not constructing the stairway this
initiative aligns with the City of Kitchener strategic plan; refer to strategic plan document,
Community Priority: Diversity section point six (6).
FINANCIAL IMPLICATIONS:
There are no financial implications to the City of Kitchener as the entire cost to convey the Walk
Block lands will be borne by the two adjacent home owners and the Developer of the Eby
Estates Subdivision. The Developer will be responsible to pay for the required reference plan
that would see Walk Block 147 divided up into two separate and equal land blocks. The property
owners of 919 and 923 Magdalena Court will be responsible to pay the land costs to the City of
Kitchener which has been approximated at $12,000 ($6,000 each). In addition, they will also be
responsible for legal fees, registration of the deed, land transfer and other administrative
charges.
COMMUNITY ENGAGEMENT:
Engineering staff circulated two distinct letters to various parties. The first letter was sent to the
two property owners adjacent the Walk Block, 919 and 923 Magdalena Court, to understand
their interest in purchasing half of the Walk Block should Council deem the lands surplus. Both
property owners responded, informing the City of their interest to purchase half of the Walk
Block lands should Council consider the lands surplus and agree to the land valuation as set out
in Section 2.2 of Council Policy Resolution No. I-1074.
The second letter was distributed to the surrounding residents who would be affected by the
removal of the Walk Block and hence the elimination of that particular access point to the
Michael Donnenwerth Park. To date, staff has received no response from the twelve (12)
residents affected by the potential closure of the Walk Block
CONCLUSION:
Staff recommends that Walk Block 147 be deemed surplus land and further, that the City of
Kitchener executes an Offer to Purchase Agreement with both the home owners of 919 and 923
Magdalena Court. In addition staff recommends that the Legal Department be authorized to
prepare a By-law to close Walk Block 147.
ACKNOWLEDGED BY:
Pauline Houston, Deputy CAO
Infrastructure Services Department
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APPENDIX A
N
Park
Access
Walk Block 147
Park
Access
Park
Access
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