HomeMy WebLinkAboutCRPS-07-052 - Sale of Part of Glasgow Street between Countrystone Place and University AvenueJ
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Corporate Services
Report To: Committee of the Whole
Date of Meeting: April 30, 2007
Submitted By: Fiona McCrea
Assistant City Solictor (ext. 2266}
Prepared By: Fiona McCrea
Assistant City Solicitor
C.C. T. Speck, D. Mansell, G. MacDuff, B. Bateman, K. Mayer, P.
Houston, L. Proulx, R. Delaney
Ward(s) Involved: West-Victoria Park Ward - 6
Date of Report: April 23, 2007
Report No.: CRPS-07-56
Subject: Sale of part of Glasgow Street between Countrystone Place
and University Avenue in Kitchener
RECOMMENDATION:
That the City accept an offer from Lotco Limited to purchase that portion of Glasgow Street
located between the terminus of Countrystone Place and University Avenue in Kitchener,
described as Part 2 on Plan 58R-15728, for the sum of $31,500.00; and further
That a portion of Glasgow Street, described as Part 1 on Plan 58R-15728, in the City of
Kitchener, be declared surplus to the City's needs; and further
That the City convey an easement in favour of The Regional Municipality of Waterloo over Part 1
on Plan 58R-15728 for the maintenance of a noise barrier adjacent to the southern limit of
University Avenue in Kitchener; and further
That the City accept the conveyance from Lotco Limited of Part 6 on Plan 58R-15728, subject to
an easement in favour of The Regional Municipality of Waterloo for the maintenance of a noise
wall adjacent to the southern limit of University Avenue in Kitchener; and further
That the Mayor and Clerk be authorized to execute any documentation in this regard required by
and to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY:
N/A
REPORT:
On December 12, 2005 Council approved the modifications to plan of subdivision 30T-88015 for
Lotco Limited as contained in Report DTS-05-195 PL (copy attached}. Part of the modifications
(section 56 c}} provided for the closure of the redundant portion of Glasgow Street between the
terminus of Countrystone Place and University Avenue to vehicular traffic. This land is described
as Parts 1, 2 and 3 on Plan 58R-15728 and is shown on the attached sketch. A 6 metre wide
portion of the road allowance, described as Part 3 on Plan 58R-15728, is to be retained by the
City for a public walkway. The portion of Glasgow Street, described as Part 2 on Plan 58R-
15728, is to be conveyed to Lotco Limited and consolidated with adjacent lands (Block 24 and
Part 7 on Plan 58R-15728} to create a lot for the purpose of a single family dwelling. Lotco
Limited is purchasing this land for fair market value plus all costs associated with the road
closure. An appraisal of the fair market value has been obtained and Lotco Limited has agreed
to pay the market value as determined. The appraisal provided for a reduction in the servicing
costs that apply to Part 2 since all servicing was completed by Lotco Limited.
If the Offer is accepted by Council, Legal Services will proceed with the preparation of a by-law to
close Glasgow Street, between Countrystone Place and University Avenue, to be advertised and
presented to Council at a future meeting.
Parts 1 and 6 on Plan 58R-15728 comprise the remaining portions of an open space/landscape
buffer upon which a noise barrier has been constructed as provided for in the modifications for
the plan of subdivision (sections 60 and 62}. These lands are located along the southern limit of
University Avenue between Countrystone Drive and the future public walkway (Part 3}.
Easements in favour of the Regional Municipality of Waterloo are required over Parts 1 and 6 to
provide for maintenance of the noise barrier by the Region. The City will then retain ownership of
Part 1 and accept a transfer of Part 6 from Lotco Limited subject to the easement. In accordance
with Chapter 177 of the City's Municipal Code respecting the sale of real property, the City must
declare Part 1 on Plan 58R-15728 surplus to its needs before it can convey the easement to the
Region for maintenance of the noise barrier. A map showing the location of Part 1 and setting
out the required details is attached hereto.
FINANCIAL IMPLICATIONS:
The Purchaser to pay the sum of $31,500.00 for the land, along with all costs associated with the
road closure.
COMMUNICATIONS:
N/A
CONCLUSION:
Staff recommends that Council accept the Offer to Purchase by Lotco Limited for Part 2 on Plan
58R-15728 and declare Part 1 on Plan 58R-15728 surplus to its needs.
Fiona McCrea Laurier Proulx,
Assistant City Solicitor Director of Facilities Management
Attach - 4 copies of the Offer
* Rita/Linda, if offer is accepted by Council, please arrange for signing by City and return all 4
copies to Legal Services with a certified copy of the confirmatory by-law.
SUBJECT PROPERTY
Map showing Part 1 on Plan 58R-15728
A DESCRIPTION OF PROPERTY -That portion of Glasgow Street located between the
southern limit of University Avenue and Part 2 on Plan 58R-15728 and described as
Part 1 on Plan 58R-15728 in the City of Kitchener.
B. REASON FOR DESIGNATION -Request by The Regional Municipality of Waterloo for
transfer of easement for maintenance of a noise wall.
C. APPRAISAL REQUIRED - No, pursuant to section 2.1 of Ontario Regulation 815/94.
D. TYPE OF NOTICE TO BE GIVEN TO PUBLIC - By listing on the Council agenda.
E. DIRECT NOTICE - to The Regional Municipality of Waterloo.
F. PROPOSED METHOD OF SALE -direct transfer of easement to The Regional
Municipality of Waterloo.
G. PROPOSED TERMS AND CONDITIONS OF SALE - N/A