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HomeMy WebLinkAboutCRPS-07-127 - Proposed Land Exchange between City & JHS Properties Inc. - Pioneer Ridge ) I(mclm::>R Services Report To: Date of Meeting: Submitted By: Mayor Zehr and Members of Council September 17, 2007 Fiona M. McCrea, Assistant City Solicitor Jeff Willmer, Director of Planning Fiona M. McCrea, Assistant City Solicitor Ward 3 Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: September 13, 2007 CRPS 07-127 PROPOSED LAND EXCHANGE BETWEEN CITY OF KITCHENER AND JHS PROPERTIES INC. (PIONEER RIDGE) RECOMMENDATION: That the Mayor and Clerk be authorized to execute a land exchange agreement with JHS Properties Inc., and all other required documentation to complete the transactions, on terms and conditions satisfactory to the City Solicitor, to effect a land exchange that will result in the conveyance to the City of Kitchener of the portion of the Pioneer Ridge lands on which the Schoerg Barn foundation is located and the abutting flood plain lands. The purchase monies, transfer costs and associated disbursements are to be allocated from the Asset Management Reserve Fund. REPORT: As outlined in Report DTS 03-120, which resulted in endorsement of the Historic Pioneer Tower West Community Heritage Design Guidelines, the ridge lands within the community represent one of the most significant areas of cultural heritage in this region. Conservation of the heritage attributes of the ridge lands is to be achieved through a combination of Heritage Act designations and public ownership Further to Council's instructions staff have negotiated with JHS Properties Inc. a proposed land exchange that will result in that portion of the Pioneer Ridge on which the Schoerg Barn foundation is located and abutting flood plain lands coming into public ownership so that the cultural heritage landscape and vistas may be preserved. The proposed land exchange involves the conveyance to JHS Properties Inc. of those lands identified as Parcels A, B, E and G on the attached sketch in exchange for the lands identified as Parcel D and C. At the present time the City does not own the lands identified as Parcel A which is owned by the Grand River Conservation Authority. As a result, the proposed land exchange is conditional upon the City obtaining title to Parcel A from the Grand River Conservation Authority. Staff have conducted negotiations with GRCA staff to acquire these lands in exchange for other lands and a cash payment and can confirm that the GRCA staff is supportive subject to the City having entered into the proposed land exchange with JHS Properties Inc. and entering into a land exchange agreement with GRCA on satisfactory terms and conditions. The land exchange agreement with the GRCA will follow shortly. All of the lands involved in the proposed land exchange have been appraised at fair market value. The appraised values of the lands to be transferred to JHS Property Inc. exceeds the appraised values of the lands to be acquired by the City however it is recognized that there is great cultural and heritage value to the lands to be acquired by the City that can now be preserved for the benefit of the public and future generations. The exchange with JHS Properties Inc. involves only the exchange of title to the subject parcels of lands with no cash as consideration. It is expected that the land exchange agreement with Grand River Conservation Authority will involve the transfer of title to lands owned or to be acquired by the City and a cash payment from the City to the GRCA as consideration. Once the land exchange agreements with JHS Properties Inc. and Grand River Conservation Authority are executed by all parties the transactions contemplated therein can proceed to completion following approval. FINANCIAL IMPLICATIONS: The consideration for the lands to be acquired is to be satisfied through the transfer of title to lands currently owned by the City and to be acquired pursuant to an agreement to be negotiated with Grand River Conservation Authority, plus approximately $30,000.00 in transfer costs such as real property appraisals, preparation of reference plans, any applicable land transfer tax. Fiona M. McCrea Assistant City Solicitor Jeff Will mer Director of Planning