HomeMy WebLinkAboutDSD-20-215 - Request to Purchase Air Rights Over City Owned LandREPORT TO:Committee of the Whole
DATE OF MEETING:December 14,2020
SUBMITTED BY:Brian Bennett, Manager, Business Development, 519-741-2200 X 7230
PREPARED BY:Brian Bennett, Manager, Business Development, 519-741-2200 X 7230
GarettStevenson, Senior Planner 519-741-2200 X 7070
WARD (S) INVOLVED:Ward10
DATE OF REPORT:December 7,2020
REPORT NO.:DSD-20-215
SUBJECT:Request to purchase air rights (easement) over City-owned land
(Breithaupt Street) for an overhead enclosed privately owned walkway.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an Easement Agreement with any/all of the
registered owner(s) of 20, 25, 30 and/or 51 Breithaupt Street (as necessary) for the granting of an
approximate103.94 sq metre air rights easementbetween 20 Breithaupt Street and 25 Breithaupt
Street for the purchase price of $64,600,subject to the, said agreement to be to
the satisfaction of the City Solicitor;
That the portion of the Breithaupt Street road allowance, to be described on a stratified reference
plan satisfactory to the City Solicitor, which isto bethe subject ofthe above noted Easement
authorized and directed to proceed with the required
advertising, preparation and registration of the necessary By-law(s) for the closure of said portion
of the road allowance;and further,
That the Mayor and Clerk be authorized to execute all documentation required to complete the
transaction, said documentation to be to the satisfaction of the City Solicitor.
BACKGROUND:
Breithaupt Block Phase 3 (20 Breithaupt Street, BB3) is a new 300,000 sq ft office tower that is now
under construction by Breithaupt Block Phase III Inc & 2308559 Ontario Limited (Breithaupt), with
REPORT:
Perimeter Development Corporation the parent companywould like to construct an overhead walkway
to connect the new office tower at20Breithaupt Street (BB3) to the building at 25 Breithaupt Street (BB2)
(2184647 Ontario Limited & Breithaupt Block Inc are the owners), in a similar way that the buildings
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in BB1 and BB2 are connected. The overhead walkway will enhance collaboration betweenall 3
buildings, providing a seamless experience for employees, free of the exterior elements
The City would provide an easement to the ownersof 25 Breithaupt Street and 20 Breithaupt Street. The
land below the overhead walkway would remain in City ownership. The three-dimensional area occupied
by the overhead walkway would be subject to a road closure by-law.
Staff circulated the request to members of the Property Management Team, Region of Waterloo, Grand
River Transit, all utilities providers, as well as Transportation, Engineering, and Building staff, and no
concerns were raised.The height of the walkway from the street (not less than 8.5 metres) will not impede
current or future transportation operations or maintenance of Breithaupt Street.
In order to facilitate the transaction a by-law to close that portion of the walkway space (as set out on the
stratified reference plan) will need to be passed. The surface area of Breithaupt Street between the
bottom of the walkway to the center of the earth would remain as City road allowance, as it houses City
infrastructure including storm, sanitary and water services.
The easement is for the life of the development,and extinguishes when either BB2 or BB3 no longer
exist.
would be responsible for the construction,
maintenance and repairs of the overhead walkway, as well as the removal and/or replacement at their
cost. Inaddition,they
road allowance as it relates to the air space.
Easement Valuation
Staff have obtained an appraisal for the easement of the 103.94 square metres of air rights.The Fair
Market Value established for the easement is $64,600.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
The proceeds from the transaction will be deposited into the Land Reserve Account.
COMMUNITY ENGAGEMENT:
INFORM
committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authoritiesrelated to this matter
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ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services Department
Attachments:
Attachment A:
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