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HomeMy WebLinkAboutFCS-12-105 - Proposed Closure of a Non-Travelled Laneway BetweeREPORT TO: Finance and Corporate Services DATE OF MEETING: May 28, 2012 SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City Solicitor, 519-741-2267 PREPARED BY: Lesley MacDonald, Director of Legal Services and City Solicitor, 519-741-2267 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: May 18, 2012 REPORT NO.: FCS-12-105 SUBJECT: Proposed closure of a non travelled laneway running between Indiana Street and Edna Street adjacent to 29 Edna and 26 Indiana, and Authorization for Encroachment Agreements RECOMMENDATION: “That the closure of the non travelled laneway running between Edna Street and Indiana Street, attached as Schedule “A” to Finance & Corporate Services Department report FCS-12-105, described as the whole of PIN 223110110, 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 said laneway, subject to the following conditions: 1. That the non travelled laneway running between Edna Street and Indiana Street to be closed, described as the whole of PIN 223110110 in the City of Kitchener be declared surplus to the City’s needs for the purpose of conveying any easements to outside utility agencies, if necessary; and 2.. That the Property Owner(s) entering into the encroachment agreement(s) contemplated in this resolution be responsible for all costs associated with the closure of said laneway, including, but not limited to, any necessary reference plans, appraisals, advertising, by-law registration, easement registrations, all Registry Office fees and disbursements, as well as costs pertaining to the encroachment agreement and the Legal Services administration fee; with advance payment of the costs to be adjusted once actual costs are known; and further That, subject to the laneway being closed, the Mayor and Clerk be authorized to execute Encroachment Agreement (s), satisfactory to the City Solicitor, with one or both of the abutting property owner(s) and any mortgagee(s) of the properties municipally known as 29 Edna Street and 26 Indiana Street, to allow one or both property owner(s) to use that portion of the laneway to be closed, as part of their respective property for general yard purposes, incorporating the area within their fenced yard with landscaping, provided no structures requiring a building permit are built, and further ì ó ï That Council direct staff to waive the annual encroachment fee associated with this encroachment.” BACKGROUND: The City of Kitchener has been approached by the owners of 29 Edna Street and 26 Indiana Street concerned about the ongoing loitering, and inappropriate activities taking place in this laneway. This laneway remains unused by normal day-to-day traffic and is a long narrow green space surrounded by fencing on either side. The City is not in a position to fence this area off in its current configuration as a strip of land with a fence on either end, would create a long narrow corridor between the fencing, with no visibility to the street, thereby compounding the problem. The City can’t deal with this land while it is considered open, untraveled road allowance. REPORT: The property owner(s) are prepared to incorporate the laneway into their respective yards so as to restrict access to the area. This land acts as a buffer between the immediately adjacent commercial properties along Victoria Street and the residential neighbourhood. The property owner at 29 Edna Street has advised that they are prepared to enter into an encroachment agreement for the entire laneway should the property owner at 26 Indiana Street change their mind. Staff supports the incorporation of this laneway in one or both of the property owner’s yards upon the closure of the laneway as it will restrict access to the land. 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. 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 on June 25, 2012. Although the parties expressed interest in acquiring title to the laneway, staff is reluctant to covey title at this time due to the potential that the land may be negatively impacted. 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 parties interested in the encroachment. The property owners entering the encroachment will pay the regular encroachment application fee of $242 and the encroachment agreement processing fee of $206. Due to the circumstances of this encroachment and the fact that the property owners entering the encroachment agreement will assume responsibility for maintenance of this land thus saving the City ongoing maintenance costs, it is recommended that the regular annual encroachment fee, which is the higher of $300.00 or the market value of land x area of land x 10%, be waived. CONCLUSION: It is requested that the above resolution be approved by Council to facilitate the road closure, the execution of the appropriate encroachment agreement(s) and the waiver of the annual encroachment fee. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services ì ó î ì ó í