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HomeMy WebLinkAboutCRPS-07-136 - Offer to Purchase Redundant Portions of Zeller Dr Adjacent to Registered Plan 58M-364 ) I(mclm::>R Services Report To: Date of Meeting: Submitted By: Committee of the Whole Prepared By: October 17, 2007 Lesley MacDonald City Solicitor (ext. 2267) Fiona McCrea Assistant City Solicitor Councillor Berry Vrbanovic, G. Murphy, P. Houston, T. Speck, B. Bateman, K. Mayer, N. Steinfield, B. Fairbairn, L. Thompson, L. Korabo C.C. Ward(s) Involved: Date of Report: Report No.: Subject: Chicopee-Grand River Ward - 2 October 18, 2007 CRPS-07 -136 Offer to purchase redundant portions of Zeller Drive adjacent to Registered Plan 58M-364 in Kitchener RECOMMENDATION: That the City accept an offer from Hallman Construction Limited to purchase redundant portions of Zeller Drive, adjacent to Registered Plan 58M-364 and described as Parts 130 to 145 inclusive and Parts 151, 153, 154, 155 and 156 on Reference Plan 58R-15709, for $1.00 plus all costs incurred by the City to close and convey the affected parts of Zeller Drive; and 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: The closure and conveyance to Hallman Construction Limited of the redundant portions of Zeller Drive is provided for in the conditions of draft plan approval for subdivision 30T-97012 which was approved by Order No. 0526 of the Ontario Municipal Board dated March 5, 2004. In accordance with the conditions, the offer is conditional upon Hallman Construction having conveyed to the City that portion of ESPA No. 25 described as Part 1 on Reference Plan 58R-15076 and, the City having passed a road closing by-law for the redundant portions of Zeller Drive. The redundant portions of Zeller Drive will be consolidated with adjacent land owned by Hallman Construction and developed for residential purposes. The road closing by-law has been advertised and is also being presented to Council on October 22, 2007. A certified cheque for the estimated costs of 2 the road closure was submitted with the offer. The offer meets with the approval of the City Solicitor. FINANCIAL IMPLICATIONS: The Offer is conditional upon the Purchaser having conveyed to the City that portion of ESPA No. 25 described as Part 1 on Plan 58R-15076. Hallman and the City will each pay for registration of the deed and the land transfer tax payable on the land it acquires. A certified cheque to cover the estimated costs associated with the road closure was submitted with the Offer. COMMUNICATIONS: N/A CONCLUSION: Staff recommends that Council accept the Offer to Purchase by Hallman Construction Limited. Fiona McCrea Assistant City Solicitor lib