HomeMy WebLinkAboutCRPS-06-132 - Surplus Land Designation - 165 Duke St E - Market Block/Barrel Works
Report To: Mayor Zehr and Members of Council
Date of Meeting: September 5, 2006
Submitted By: Lesley MacDonald, City Solicitor
Prepared By: Fiona M. McCrea
Assistant City Solicitor, Ext. 2266
Ward(s) Involved: Ward 1
Date of Report: August 31, 2006
Report No.: CRPS -06-132
Subject: SURPLUS DESIGNATION OF 165 DUKE STREET EAST
BEING PART LOT 12 "MARKED N. ZIEGLER" & PART LOT
18, NORTH OF KING & WEST OF CEDAR STREETS, B.
EBY'S SURVEY, REG. PLAN 364, BEING PARTS 11, 12, 18,
19, 22, 31, 32, 33, 42, 47 & 48, REFERENCE PLAN 58R-
15060, CITY OF KITCHENER, REGIONAL MUNICIPALITY
OF WATERLOO
RECOMMENDATION:
That the following lands and rights of easement be declared surplus to the City's needs
for purposes of sale to Barrel Works Market Residences Inc.:
165 Duke Street East being Part of Lot 12, "Marked N. Ziegler" and Part of Lot 18, North
of King and West of Cedar Streets, B. Eby's Survey, Registered Plan 364, being Parts 11,
12, 18, 19, 22, 31, 32, 33, 42, 47 & 48 on Reference Plan 58R-15060, subject to easements
in favour of the City to the benefit of its abutting lands as more particularly described in
Schedule `A' attached to Report CRPS-06-132; and
To transfer appurtenant easements over abutting lands owned by the City being Part of
Lots 12 and 18, North of King Street and West of Cedar Street, B. Eby's Survey,
Registered Plan 364 designated as Parts 3, 4, 5, 6, 8, 9, 10, 20, 21, 23, 24, 25, 26, 34, 37,
41, 43, 44, 45, 46, 49 and 50 on Reference Plan 58R-15060 as more particularly described
in Schedule `A' attached to Report CRPS-06-132."
REPORT:
The lands to be declared surplus (the "Lands") are that portion of the Market Block lands
fronting on Duke Street being developed by Barrel Works Kitchener Ltd. (hereinafter "Barrel
Works") as a residential condominium. The residential condominium is under construction with
an anticipated occupancy date of November, 2007.
On or about March 20, 2002, the City of Kitchener entered into a Condominium Component
Purchase Agreement with Barrel Works Kitchener Ltd. (which was assigned to Barrel Works
Market Residences Inc.). Barrel Works is purchasing a stratum of the lands immediately above
the City's Market Parking Garage with various easements created. The Lands will be subject to
various easements in favour of the City in respect of various supports, services, utilities and
access for the benefit of Your Kitchener Market. That portion of the Market Block owned by the
City for Your Kitchener Market and the Parking Garage will be subject to various easements to
the benefit of the Lands for various supports, services, utilities and access as more particularly
detailed in Schedule `A' to this report.
All of the conditions to the completion of the sale transaction have now been met and Barrel
Works is now in a position to complete the purchase of the lands in accordance with the
Condominium Purchase Agreement. Barrel Works wishes to complete the transaction on or
before September 9, 2006.
As the Lands are located within the Downtown Community Improvement Area the City is
permitted to lease or sell lands in accordance with the goals and objectives of the Downtown
Community Improvement Plan. As a result no appraisal was conducted.
In order to complete the transaction it is necessary for the City to declare the lands easements
to be surplus to the City's needs as they have been integrated into the Market Block
development in accordance with the Development Agreement between the City and Barrel
Works.
FINANCIAL IMPLICATIONS:
Barrel Works will be paying the purchase price in accordance with the Condominium
Component Purchase Agreement.
COMMUNICATIONS:
Notice of the intention to declare the Lands surplus has been given by way of listing on the
Council Agenda.
CONCLUSION:
The Lands must be declared surplus to the City's needs before they can be transferred to Barrel
Works in accordance with the Condominium Component Purchase Agreement dated March 20,
2002 and Amendments thereto.
Fiona M. McCrea
Assistant City Solicitor
c.c. Laurier Proulx
Rob Browning