HomeMy WebLinkAboutFCS-14-114 - Unnamed Lane Closure - 320 Courtland Av EStaff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 16, 2014
SUBMITTED BY: Lesley MacDonald , Director of Legal Services and City Solicitor,
519- 741 -2200 Ext. # 7267
PREPARED BY: Lesley MacDonald, , Director of Legal Services and City Solicitor,
519- 741 -2200 Ext. # 7267
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 9, 2014
REPORT NO.: FCS -14 -114
SUBJECT: Portion of Unnamed Lane Closure, Surplus Declaration of Lands,
and Conveyance of Lands behind 320 Courtland Avenue E.
RECOMMENDATION:
That the closure of a portion of an unnamed lane behind 320 Courtland Avenue E., to be
further described by a reference plan to be prepared, be approved in principle, and that
the lands being closed be declared surplus to the City's needs and that Legal Services
be instructed to proceed with the following:
i) obtaining a reference plan;
ii) the preparation of an Agreement of Purchase and Sale, with the purchase
price calculated at $127.19 /square metre,
iii) the preparation of a by -law to close that portion of the lane; and,
iv) the necessary advertising in the local newspaper for the closing of the
portion of lane.
The closure of a portion of the lane and conveyance will be subject to the following
conditions:
1. That the reference plan will be completed and deposited prior to the passing of
the lane closure by -law;
2. That any necessary easements be granted prior to the conveyance of the closed
portion of the lane;
3. That the purchaser (owner of 320 Courtland Ave. E.) be responsible for all of the
costs related to the lane closure, including but not limited to the reference plan,
City legal fees, advertising and registration associated with the closure of the
portion of lane; and,
4. Road closing by -law enacted by Council.
5. -1
And further, that the Mayor and Clerk be authorized to execute all necessary
documentation to effect these transactions; said documentation to be to the satisfaction
of the City Solicitor.
BACKGROUND:
Transportation Services was contacted by the owner of 320 Courtland Avenue E., to purchase a
portion of an unnamed lane that runs parallel to Courtland Avenue E. and Kennedy Avenue as
shown on attached diagram. The lane runs directly behind the property located at 320
Courtland Avenue E.
The City of Kitchener currently owns the above -noted lane, however, it has not been formally
used as a public thoroughfare for a number of years and currently, the owner of 320 Courtland
Avenue E., has a shed that is encroaching on the lane.
REPORT:
From a traffic perspective, this portion of the lane is not needed to serve local traffic. It is not
physically open and has not been for a number of years. The remaining portion of the lane is
encumbered by various encroachments along the lane. The owner of 320 Courtland Avenue
E. would like to legalize the encroaching shed.
FINANCIAL IMPLICATIONS:
Closure of the lane and any costs to the closure would be borne by the property owner of 320
Courtland Avenue E. These costs will be approximately $6,500.00 inclusive of all associated
fees. While the City will only receive a nominal amount as a result of the lane closure, it will
also see an increase in property taxes to 320 Courtland Avenue if the portion of the lane is
conveyed.
COMMUNITY ENGAGEMENT:
All property owners adjacent to this lane have been contacted to determine if they had any
interest in purchasing a portion of this lane and only the property owner at 320 Courtland
Avenue shows a continued interest in obtaining the portion of the lane, and there were no
objections to the proposed closure and conveyance. If a by -law to close and convey a portion
of the lane is approved by Council, an advertisement will be placed in the local newspaper
keeping the neighbourhood informed.
CONCLUSION:
Staff recommends that that portion of the lane be declared surplus, any necessary easements
be registered on the closed portion of the lane and the lands be conveyed to the adjacent
property owner (320 Courtland Avenue E.) in order that the existing encroachment can be
legalized.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services
5. -2