HomeMy WebLinkAboutFCS-14-121 - Declare Surplus and Convey -Portion of Bridgeport Road & Riverbend Drive
REPORT TO: Committee of the Whole
DATE OF MEETING: June 30, 2014
SUBMITTED BY: Lesley MacDonald, City Solicitor and
Director of Legal Services 519-741-2200 Ext. # 7267
PREPARED BY: Lesley MacDonald, City Solicitor and
Director of Legal Services 519-741-2200 Ext # 7267
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: June 18, 2014
REPORT NO.: FCS-14-121
SUBJECT: Portion of Bridgeport Road and Riverbend Drive - Road
Closures, Being Parts 3 and 4, Plan 58R-18133, Declare Lands
Surplus for Conveyance
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RECOMMENDATION:
That the closure of a portion of the Bridgeport Road Extension, namely, the lands described as
Part Lot 59, G.C.T. more particularly , Part 4, Plan 58R-18133 and the closure of a portion of
Riverbend Drive, namely, the lands described as Part Lot 59, G.C.T. more particularly, Part 3,
Plan 58R-18133, be approved in principle, and that those lands being closed be declared
surplus to the City’s needs and that Legal Services be instructed to proceed with the preparation
of a by-law and for the necessary advertising in the local newspaper for the closing of the
aforementioned roads. The road closures are subject to the following conditions:
1. That all required easements be granted prior to the conveyance of the closed
portions of the roads;
2. That the purchaser (Owner of 526 Lancaster St) be responsible for all of the costs
related to the road closures, including but not limited to City Legal Fees,
registrations, and advertising associated with the closure of the roads; and,
3. A Road Closing by-law be enacted by Council; 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.”
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BACKGROUND:
Council previously approved a land exchange with the owner of 526 Lancaster Street wherein
Part 1, Plan 58R-18133 (See Reference Plan attached) would be transferred to The City of
Kitchener and Part 2 of said Reference Plan would be transferred to the owner of 526
Lancaster Street with the reservation of an easement in favour of the City over Part 2, Plan 58R-
18133 for stormwater.
REPORT:
At the time of the approval of the land exchange, a reference plan was not yet prepared and
Parts 3 and 4 where marked as “potential” on the council report to be determined later. The
owner of the lands at 526 Lancaster Street has expressed an interest in obtaining Parts 3 and 4
in addition to Part 2. Part 5 will stay in the City’s name and remain as part of Riverbend Drive.
Now that the Reference Plan has been completed, it has come to light that Part 3 is part of
Riverbend Drive and Part 4 is part of the Bridgeport Road Extension and accordingly, both Parts
3 & 4 need to follow the formal road closing procedure prior to conveyance. Staff and outside
agencies have been circulated with respect to the requirement of any easements over Parts 3
and 4. Although staff is still waiting on a few responses from outside agencies, it is appropriate
to proceed with this matter to council and if any easements are required, they will be conveyed
prior to the conveyance of the lands to the owner of 526 Lancaster St.
FINANCIAL IMPLICATIONS:
The financial implications to the City will be nominal as the owner of 526 Lancaster Street will be
responsible for all of the road closing expenditures.
COMMUNITY ENGAGEMENT:
Not applicable.
CONCLUSION:
Staff have considered the proposed road closure and have confirmed that it is
appropriate to close these portions of the roads at this time and convey them to the
owner of 526 Lancaster Street in order to proceed with the development in this area.
ACKNOWLEDGED BY:
Jeff Willmer, CAO
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