HomeMy WebLinkAboutCRPS-09-136 - Land Exchange - Howe DrREPORT T0: MayorZehr and Members of Council
DATE OF MEETING: October 13, 2009
SUBMITTED BY: Fiona M. McCrea, Assistant City Solicitor (ext 2266)
PREPARED BY: Fiona M. McCrea, Assistant City Solicitor
WARD(S) INVOLVED: 4
DATE OF REPORT: October 7, 2009
REPORT NO.: CRPS-09-136
SUBJECT: LAND EXCHANGE - PART OF LANDS KNOWN AS 23
HOWE DRIVE AND BLKS V, W AND PART BLK U, REG.
PLAN 1240, CITY OF KITCHENER
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with
Habitat for Humanity Waterloo Region Inc., to convey the parcel of land abutting the
southerly and southeasterly boundaries of the lands known as 23 Howe Drive and
described as Blocks V and W and Part Block U, Registered Plan 1240 in exchange for the
parcel of land abutting the northwesterly boundary of 23 Howe Drive and the Conestoga
Parkway and described as Part Lot 48, GCT and Part Lot K, Registered Plan 784, as set
out in Report No. CRPS-09-136, each parcel containing approximately 0.1210 hectares,
on such terms and conditions as are satisfactory to the City Solicitor;
That the parcel of land described as Blocks V and W and Part Block U, Registered Plan
1240 be declared surplus to the City's needs.
BACKGROUND:
Habitat for Humanity Waterloo Region Inc. [hereinafter "Habitat"] is the purchaser of the lands
known municipally as 23 Howe Drive. Habitat proposes to develop the parcel of land for
affordable condominium townhouses.
The City owns the lands abutting the southerly and southeasterly boundaries of 23 Howe Drive
[hereinafter the "City Lands"]. These lands serve as an emergency access from Howe Drive to
Westmount Road. These lands are illustrated on the plan attached as Appendix `A'.
In order to facilitate this development Habitat has proposed to the City an exchange of the City
Lands for part of the 23 Howe Drive lands along its northwesterly boundary abutting the
Conestoga Parkway. Habitat also proposes to provide the City with an easement for
emergency access from Howe Drive to Westmount Road through its condominium townhouse
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development and to construct a sidewalk on the lands to be conveyed to the City which will
serve as a City trail link.
Both parcels of land are subject to easements for various utilities such as water, gas and hydro.
Based on a fair market value appraisal the parcels to be exchanged are of equivalent value.
REPORT:
Attached as Appendix `A' to this report is a sketch illustrating the lands to be exchanged
together with Habitat's development concept, the proposed emergency access and Habitat's
proposed parkland dedication.
The proposed land exchange and proposed alternate emergency access has been circulated to
various City departments and other relevant agencies and all are supportive of the proposal
provided certain technical requirements are met. The land exchange agreement will provide
that all necessary easements be provided (if they don't already exist) and all required permits
and approvals (such as site plan approval, community plan amendment) be obtained that would
allow for the incorporation of the City's Lands into Habitat's proposed development.
All costs associated with the proposed land exchange including preparation of a reference plan
of survey, fair market value appraisal, easement document preparation, registration fees, and
land transfer tax will be paid for by Habitat.
FINANCIAL IMPLICATIONS:
Based on a fair market value appraisal the parcels of land to be exchanged are of equivalent
value. Habitat will be responsible to pay for all costs associated with the proposed land
exchange transaction.
COMMUNICATIONS:
The following departments and agencies have been circulated with the proposed land exchange
and have provided comment: Fire Department, Community Services -Parks Planning,
Kitchener Utilities, Engineering Services, Planning Division, Building Division, Grand River
Conservation Authority, Regional Municipality of Waterloo -Transportation Planning and
Community Planning, Ministry of Transportation, Bell Canada, and K-W Hydro.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor
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