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HomeMy WebLinkAboutCRPS-08-167 - Glasgow Street Realignment - Purchase of Lands from Ontario Realty CorporationREPORT Report To: Mayor Zehr and Members of Council Date of Meeting: Submitted By: Prepared By: Ward(s~ Involved: Date of Report: Report No.: October 6, 2008 Fiona M. McCrea, Assistant City Solicitor Jeff Willmer, Director of Planning Fiona M. McCrea, Assistant City Solicitor Ward 6 October 2, 2008 CRPS - 08-167 Subject: GLASGOW STREET REALIGNMENT PURCHASE OF LANDS FROM ONTARIO REALTY CORPORATION AS AGENT FOR HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL RECOMMENDATION: That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale between the Corporation of the City of Kitchener and Ontario Realty Corporation as Agent for Her Majesty the Queen in Right of Ontario as Represented by The Minister of Public Infrastructure Renewal, to purchase the lands described as Part Lot 39, GCT, former Geographic Township of Waterloo, now City of Kitchener, more particularly described as Part 1 on Reference Plan 58R-16315, on terms and conditions satisfactory to the City Solicitor. REPORT: Further to Report DTS-07-081 and the resolutions of Council flowing therefrom, the realignment of Glasgow Street is proposed through a draft plan of subdivision submitted by the abutting property owner, Ira Needles Commercial Centre Joint Venture (INCCJV), a copy of which is attached as Appendix A. City staff and representatives of INCCJV have engaged in discussions and negotiations with Ontario Realty Corporation ("ORC"} for the purchase of a parcel of the abutting Hydro One lands to facilitate the ultimate realignment of Glasgow Street. A parcel of land that will accommodate alternative realignments of Glasgow Street has been identified and appraised. Attached as Appendix B is a copy of Reference Plan 58R-16315. The Order-in-Council that authorizes the sale and transfer of these lands by ORC will expire on October 15, 2008 and therefore there is some urgency to complete this transaction prior to October 15th, 2008. ORC estimates it would take 9 to 12 months at least to obtain a new Order- in-Council to authorize the sale of the subject lands. Upon completion of the purchase title to the subject lands will be in the name of The Corporation of the City of Kitchener. A portion will be used for the realignment of Glasgow Street and the balance will remain in the ownership of the City. INCCJV acknowledges that the acquisition of these lands by the City is at the sole risk of INCCJV given that the ultimate realignment of Glasgow Street is yet to be approved. FINANCIAL IMPLICATIONS: INCCJV has or will be responsible to pay the purchase price for the subject lands together with all costs associated with the transaction such as appraisal, survey, legal, and registration costs. INJVCC will be responsible for the costs of construction of any approved realignment of Glasgow Street though its site and through the subject lands. COMMUNICATIONS: City staff and representatives of INCCJV have corresponded with staff from the Region of Waterloo who have indicated that the subject lands would accommodate alternative realignments of Glasgow Street that will facilitate future truck traffic accessing the Regional Municipality of Waterloo's Erb Street Waste Transfer Station and landfill property. The appropriate and necessary communication and public consultation related to the realignment of Glasgow Street will take place as part of the plan of subdivision process now underway. CONCLUSION: In consideration of the foregoing it is in order to proceed with the acquisition of the parcel of Hydro One lands described as Part 1 on Reference Plan 58R-16315. Fiona M. McCrea Jeff Willmer Assistant City Solicitor Director of Planning