HomeMy WebLinkAboutCRPS-09-116 - Proposed Road Closure - Carisbrook DrREPORT T0: Committee of the Whole
DATE OF MEETING: August 24, 2009
SUBMITTED BY: Fiona M. McCrea, Assistant City Solicitor (Ext. 2266)
PREPARED BY: Fiona M. McCrea, Assitant City Solicitor
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: August 19, 2009
REPORT NO.: CRPS-09-116
SUBJECT: REQUEST RE PROPOSED CLOSURE OF A PORTION OF
PUBLIC HIGHWAY KNOWN AS CARISBROOK DRIVE
(PART 4 ON REFERENCE PLAN 58R-16588) AND
CONVEYANCE TO THE REGION OF WATERLOO
RECOMMENDATION:
That the closure of a portion of the public highway known as Carisbrook Drive in
Kitchener, comprising approximately 855.76 square feet, described as Part of Carisbrook
Drive, Registered Plan 577 being Part 4 on Reference Plan 58R-16588, be approved in
principle, and that Legal Services be instructed to proceed with the preparation and
advertising of a by-law to close that part of the public highway and convey same to the
Region of Waterloo, subject to any utility easements to be determined; and
That the portion of public highway known as Carisbrook Drive and described as Part of
Carisbrook Drive, Registered Plan 577 being Part 4 on Reference Plan 58R-16588, in the
City of Kitchener, be declared surplus to the City's needs for the purpose of conveying
same to the Region of Waterloo upon the closure of this portion of the public highway;
and
That the City receive a conveyance from the Region of Waterloo of the lands described
as Part of Lot 59, German Company Tract and Part of Lot 6, Registered Plan 577 being
Part 3 on Reference Plan 58R-16588, in the City of Kitchener to be used for the
realignment of Carisbrook Drive at the Bridge Street and Lancaster Street roundabout;
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.
BACKGROUND:
The Region of Waterloo is constructing a roundabout at the intersection of Bridge and Lancaster
Street. Due to the roundabout construction it is necessary for the City to realign Carisbrook
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Drive. The proposed realignment will require an exchange of lands between the City and the
Region.
The Region of Waterloo purchased the lands described as Part 3 on Reference Plan 58R-16588
(copy of Reference Plan attached), in the City of Kitchener as part of a larger parcel, being 6
Bridge Street West (Grand Hotel adult entertainment establishment), for the construction of a
roundabout at the intersection of Bridge Street and Lancaster Street.
The said lands shown as Part 3 on Reference Plan 58R-16588 are required by the City for this
road realignment and have a total area of 3,622.17 feet. The Region of Waterloo has agreed to
convey the subject lands to the City, at the cost of the Region, for the sum of $1.00.
When the requirements of the Region's property disposition by-law have been met, the subject
lands will be conveyed to the City for road purposes. The Region will be responsible for all
associated costs, such as advertising and registration of all documentation.
Once the realigned Carisbrook Drive is constructed, that portion of the existing road within the
roundabout described as Part 4 on Reference Plan 58R-16588 is to be conveyed to the Region
for $1.00.
As part of the review of this proposed closure, a copy of the draft Reference Plan depicting the
portion of Carisbrook Drive to be closed was circulated to internal departments to determine any
concerns or easement requirements. Utilities indicated that there is a gas main in the area and
the Region is aware of same. The Reference Plan will also be circulated to outside utilities to
determine any concerns or easement requirements.
Staff in Transportation Planning, Engineering and Utilities are in agreement with the proposed
closure.
The proposed closure will be advertised in The Record prior to any closing by-law being
presented to Council for consideration.
FINANCIAL IMPLICATIONS:
The consideration for the parcels of land to be exchanged between the Region and the City is
$1.00. The Region of Waterloo will be responsible for all of the costs related to the closure of
part of the public highway, including advertising, by-law registration fee, registration fees and
Legal Services administration fee. The construction of the realignment of Carisbrook Drive will
be completed by the Region as part of the roundabout construction.
CONCLUSION:
Staff recommends that Council direct Legal Services to proceed with the advertising and
preparation of a by-law to close and convey Part 4 on Reference Plan 58R-16588 to the Region.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor
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