HomeMy WebLinkAboutCRPS-09-029 - Closure of a Portion of Howe Dr - Declaration of Surplus Land for EasementJ
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CorporQte Services
REPORT T0: Development and Technical Services Committee
DATE OF MEETING: June 22, 2009
SUBMITTED BY: Lesley MacDonald, City Solicitor & Director of Legal Services
PREPARED BY: Lesley MacDonald, City Solicitor & Director of Legal Services
WARD(S) INVOLVED: Ward 4: South Ward
DATE OF REPORT: June 17, 2009
REPORT NO.: CRPS-09-029
SUBJECT: CLOSURE OF A PORTION OF HOWE DRIVE, AND
DECLARATION OF SURPLUS FOR EASEMENT
PURPOSES AND THE POSSIBLE CONVEYANCE OF SAME
RECOMMENDATION:
"That the closure of a portion of Howe Drive, (see attached Schedule "A") representing
an area of 1,331.4 m2, be approved in principle, and that Legal Services be instructed to
proceed with the preparation and advertising of a by-law to close and convey that part of
Howe Dr., subject to the following conditions:
1. That the portion of Howe Dr. to be closed, described as Part Lot 47, German
Company Tract, being Part 1 on Plan 58R-16350, in the City of Kitchener be declared
surplus to the City's needs for the purpose of conveying easements to Kitchener-Wilmot
Hydro and The Regional Municipality of Waterloo, upon closure of this part of Howe
Drive and the possible conveyance of the closed portion to the owner of the adjacent
lands.
2. That in the event of a conveyance of the closed portion of the Road, an easement
be reserved in favour of The Corporation of the City of Kitchener over the entire closed
portion of Howe Dr.
3. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and
Sale, satisfactory to the City Solicitor, for the sale to the adjacent property owner, should
they so desire to purchase, that portion of Howe Drive, described as Part Lot 47, G.C.T.,
being Part 1 on Plan 58R-16350, subject to easements in favour of The City of Kitchener,
The Regional Municipality of Waterloo, and Kitchener-Wilmot Hydro, for the fair market
value, appraised at $82,000.00, said Agreement to be conditional upon said portion of
Howe Drive being closed.
4. That pursuant to the Draft Plan of Subdivision Application 30T-04207, the
Developer is responsible for all the costs associated with the closure of that portion of
Howe Drive, including the reference plan, appraisals, advertising, by-law registration,
easement registrations, all Registry Office fees and disbursements, and Legal Services
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administration fee and is responsible for the removal of the road surface of the road
allowance and these lands shall be landscaped at the Developer's expense to the
satisfaction of the City's Director of Transportation Planning..
That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the
City Solicitor, to convey the required easements over the entire portion of road being
closed together with all documents required for any possible conveyance."
BACKGROUND:
On June 19, 2006 it was resolved by Council that the Draft Plan of Subdivision Application 30T-
04207 be approved. As part of that approval, there was a condition that the developer
(adjacent land owner} shall be responsible for the closure of that portion of Howe Dr. that
bisects the developer's lands, once Windale Crescent was opened to the public. Staff have
confirmed that Windale Crescent is open to the public and the developer would now like to
proceed with the closure of that portion of Howe Dr.
REPORT:
The adjacent land owner wishes to proceed with the closure of the portion of Howe Drive
pursuant to the approved Subdivision Application 30T-04207. This portion of Howe Drive does
not affect the normal traffic flow of Howe Dr., as Howe Dr. has been reconfigured for a number
of years already and this portion remains unused by normal day-to-day traffic. Attached is a
map showing the portion of Howe Dr. that is to be closed.
As part of the review of this road closure, notice was circulated to internal departments, The
Regional Municipality of Waterloo and various outside utilities. Easements will be required
across the entire closed road portion for the City of Kitchener, The Regional Municipality of
Waterloo and Kitchener-Wilmot Hydro. The adjacent land owner is aware of these required
easements. All required easements will be registered prior to any potential conveyance of the
road closure.
The proposed portion of Howe Drive to be closed has been appraised by an accredited
appraiser. A value of $164,500.00 was obtained for the value of the proposed road closure and
has been reduced to $82,000.00 due to the lands being encumbered by the necessary
easements.
To facilitate the closing of the above easement transactions and any eventual conveyance, it is
necessary to declare the proposed portion of Howe Dr. to be closed as surplus to the City's
needs.
The proposed road closure will follow the normal road closing procedures and will be advertised
in The Record prior to any closing by-law being presented to Council for consideration.
FINANCIAL IMPLICATIONS:
NIA. The cost of the road closure is to be borne by the developer pursuant to the Subdivision
Agreement. Any costs incurred by a potential conveyance should be borne by the potential
purchaser.
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CONCLUSION:
It is requested that the above resolution be approved by Council to facilitate the completion of
the road closure and conveyance of required easements.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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