HomeMy WebLinkAboutCRPS-08-051 - Declare Surplus to City's Needs - Portions of Pinnacle Drive/Homer Watson BlvdREPORT
Report To: Special Council
Date of Meeting: April 21, 2008
Submitted By: Fiona McCrea
Assistant City Solicitor text. 2266}
Prepared By: Fiona McCrea
Assistant City Solicitor
C. C.
Ward(s) Involved: South Ward - 4
Date of Report: April 15, 2008
Report No.: CRPS-08-051
Subject: Request to Declare Portions of Pinnacle Drive/Homer Watson
Boulevard, Closed by By-laws, as Surplus to the City's Needs
RECOMMENDATION:
That a portion of Homer Watson Boulevard, closed by Regional By-law 08-017, described as Part
of Biehn's Unnumbered Tract and designated as Parts 1, 2, 3, 4, 5 and 10 on Reference Plan
58R-16072, in the City of Kitchener, be declared surplus to the City's needs;
That a portion of Pinnacle Drive, closed by By-laws 89-116 and 89-175, as amended, described as
Part of Biehn's Unnumbered Tract and designated as Parts 6, 7, 8 and 9 on Reference Plan 58R-
16072, in the City of Kitchener, be declared surplus to the City's needs;
That a portion of Homer Watson Boulevard, closed by By-law 7033, described as Part of Biehn's
Unnumbered Tract and designated as Part 11 on Reference Plan 58R-16072, in the City of
Kitchener, be declared surplus to the City's needs;
That part of Block 129, Plan 1710 and designated as Part 12 on Reference Plan 58R-16072, in
the City of Kitchener, be declared surplus to the City's needs.
EXECUTIVE SUMMARY:
N/A
REPORT:
The subject property, shown on an attached sketch, is located south of Homer Watson Blvd and to
the west of the property municipally addressed as 2400 Homer Watson Boulevard and is comprised
of a portion of Homer Watson Boulevard, Pinnacle Drive and vacant land owned by the City.
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On July 3, 2001 the City entered into a Land Exchange Agreement with Antigua International
Developments Limited for the exchange of these lands for the lands on which the Pinnacle Drive
diversion has been constructed subject to the City acquiring a portion of Homer Watson Boulevard
from the Regional Municipality of Waterloo and the declaration of the subject property as surplus.
Council passed By-law 7033 on August 10, 1970 to close a portion of Homer Watson Boulevard.
Council also passed By-laws 89-116 and 89-175 on August 14, 1989 and November 14, 1989
respectively, to close that portion of Pinnacle Drive that runs from the new Pinnacle Drive diversion
to Homer Watson Boulevard and convey it to the registered owner of the abutting lands in exchange
for lands upon which the Pinnacle Drive diversion is now constructed. Ownership of the abutting
lands changed hands prior to the completion of the transaction contemplated in By-laws 89-116 and
89-175.
Block 129, Plan 1710 was conveyed to the City for open space by Instrument Number 1023342 on
January 3, 1990 pursuant to conditions of draft approval for a subdivision. Part of Block 129, Plan
1710 and designated as Part 12 on Reference Plan 58R-16072 is included in the lands to be
exchanged with Antigua International Developments Limited.
The Regional Municipality of Waterloo agreed to convey that part of the Homer Watson Boulevard
road allowance being Part of Homer Watson Boulevard opened by Deposited Plan No. 556 being
Part of Biehn's Unnumbered Tract and designated as Parts 1, 2, 3, 4, 5 and 10 on Reference Plan
58R-16072 to the City. A Transfer conveying the said lands to the City was registered as
Instrument Number WR375387 on April 18, 2008.
The City is now in a position to complete the transactions contemplated in the Agreement with the
current abutting owner, Antigua International Developments Limited.
FINANCIAL IMPLICATIONS:
N/A -Council has previously authorized the exchange of lands with Antigua International
Developments Limited.
COMMUNICATIONS:
A copy of this Report has been provided to Troy Speck, Grant Murphy, Jeff Willmer, John
McBride, Dan Chapman and Laurier Proulx.
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CONCLUSION:
It's requested that the above resolution be approved by Council to facilitate the completion of this
transaction.
All of which is respectfully submitted,
Fiona McCrea
Assistant City Solicitor
Attach -Map
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A. DESCRIPTION OF PROPERTY -Part of Biehn's Unnumbered Tract, designated as Parts 1,
2, 3, 4, 5, 6, 7, 8, 9,10,11 and 12 on Plan 58R-16072, in the City of Kitchener.
B. REASON FOR DESIGNATION - No long-term municipal use has been identified.
C. APPRAISAL REQUIRED -Yes -appraisal has been obtained.
D. TYPE OF NOTICE TO BE GIVEN TO PUBLIC-by listing on the Council agenda.
E. DIRECT NOTICE - to the adjacent land owner, Antigua International Developments
Limited
F. PROPOSED METHOD OFSALE -direct transfer to adjacent land owner.
G. PROPOSED TERMS AND CONDITIONS OFSALE -NIA
~, DE~lPTI~N ~F PROPERTY ~ Past of Eiehn' Unnurr~~ered Tract, designated as Parts ~,
~, , 4, ~, ~, ~, 8, , ~ ~, ~ 1 and ~ 2 on Plan 58R-~ 072f in the pity of I~Etchen~r.
Bi RE~4N FAR D~iNATI~~I ~ No long-term municipai use has been identified.
APPRAISAL RE{~lf IRED--Yes - appraisal has been obtained.
D, TYPE ~F N~T~E T ~E GIVES TO PUBLIC -~ ~~ listing an the council aonda.
E. ~IRE~T N~TlE - to the adjacent land o~vner, Antigua International Developments
~.imlted
F. PRGP~ED METHG~ ~F SALE -direct transfer to ad~aont land o~rner.
PI~GPGEU TERI~IB AtVD ~~NDITIGC~ ~F SALE ~- I~fA