HomeMy WebLinkAboutFCS-12-066 - Proposed Closure and Conveyance of Part of WestheiREPORT TO:Finance and Corporate Services
DATE OF MEETING:
April 16, 2012
SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City
Solicitor, 519-741-2267
Rob Morgan, Capital Investment Advisor, 519-741-2734
PREPARED BY:
Lesley MacDonald, Director of Legal Services and City
Solicitor, 519-741-2267
WARD(S) INVOLVED:
Ward 7
DATE OF REPORT:
April 5, 2012
REPORT NO.:
FCS-12-066
SUBJECT:
Proposed closure of Part of Westheights Drive (non-
travelled extension of West Acres Drive), adjacent to 42
West Acres Drive, and Declaration of Surplus for
Conveyance and Acceptance of Offer to Purchase
RECOMMENDATION:
“That the closure of a portion of Westheights Drive (see attached Schedule “A”) being
Parts 1 and 2, Plan 58R-6509, City of Kitchener, Regional Municipality of Waterloo, be
approved in principle, and that Legal Services be instructed to proceed with the
preparation and advertising of a by-law to close and convey that part of Westheights Dr.,
subject to the following conditions:
1. That the portion of Westheights Dr. to be closed, described as Part of Westheights
Dr, part of a 13’ road widening, R.P. 864, and part of Lot 38, German Company
Tract, being Parts 1 and 2 on Plan 58R-6509, in the City of Kitchener be declared
surplus to the City’s needs for the purpose of conveying any necessary
easements to outside utility agencies and the conveyance of the closed portion to
the owner of the adjacent lands located at 42 West Acres Crescent.
2. That the Agreement of Purchase and Sale executed by the Purchaser, being the
registered owner of the adjacent lands located at 42 West Acres Crescent, in the
amount of $112,000.00, representing fair market value be accepted by the City of
Kitchener.
3. That the Purchaser be responsible for all costs associated with the closure of that
portion of Westheights Drive, including, but not limited to, any necessary
reference plans, appraisals, advertising, by-law registration, easement
registrations, all Registry Office fees and disbursements, and the Legal Services
administration fee; said costs, committed to in the Agreement of Purchase and
Sale by the Purchaser, with advance payment made by the Purchaser to be
adjusted once actual costs are known as part of the real estate transaction.
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4. That the Mayor and Clerk be authorized to execute all documentation, satisfactory
to the City Solicitor, to convey the closed portion of road.
BACKGROUND:
The City of Kitchener has been approached by the owner of 42 West Acres Crescent to
purchase the portion of Westheights Drive (the extension of West Acres Crescent where it
intersects with Highland Road) that is currently not being used as a road by the City of
Kitchener. The grading is not conducive for public access on this portion of the road.
REPORT:
The adjacent land owner wishes to purchase this portion of road to enhance the development of
the lands located at 42 West Acres Crescent. This portion of road is a left over piece of
Westheights Drive prior to the reconfiguration of Westheights Drive and a portion of it being
renamed to West Acres Crescent. This portion of Westheights Drive does not affect the normal
day-to-day traffic. Attached is a map showing the portion of Westheights Drive that is to be
closed.
As part of the review of this road closure, notice was circulated to internal departments, The
Regional Municipality of Waterloo and various outside utility agencies. There has been no
confirmation of any easements required at this time. This portion of Westheights Drive does
not affect the normal traffic flow on West Acres Crescent as Westheights has been reconfigured
for a number of years already and this portion remains unused by normal day-to-day traffic.
The proposed portion of Westheights Drive that is to be closed and conveyed has been
appraised by an accredited appraiser. A value of $128,000.00 was obtained in the appraisal
and the purchase price was reduced to reflect the cost of bringing the lands up to grade to allow
development.
The proposed road closure will follow the normal road closing procedures and will be advertised
in The Record prior to any closing by-law being presented to Council for consideration.
FINANCIAL IMPLICATIONS:
Any financial implications to the City of Kitchener will be nominal. The cost of the road closure
is to be borne by the purchaser as set out in the Agreement of Purchase and Sale. Any costs
incurred by the potential conveyance will also be borne by the purchaser. The funds received
on closing for the sale of the transaction will be deposited into the City’s Asset Management
Reserve Fund.
CONCLUSION:
It is requested that the above resolution be approved by Council to facilitate the road closure
and conveyance of the lands.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services
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