east/west alley south of St. Rose Avenue as “Part 1”, “Part 3” and “Part 4” on Drawing CC-1733 as “Dispensable”.

The portion of the north/south alley labelled as “Part 5” on Drawing No. CC-1733 was closed by former Town of Riverside By-law 958. Since the closure of this alley the owners and previous owners of 921 Belle Isle View did not purchase this portion of alley and it has remained as a closed alley under the ownership of the former Town of Riverside and then after amalgamation, the City of Windsor. Upon review of this application Administration observed that a remnant portion of City of Windsor owned alley would remain behind 921 Belle Isle View without public access. It was further noted that encroachments exist on this portion of closed alley.

In January 2020, Administration contacted the applicant to advise that the City of Windsor would support the application if all three components of the right-of-way and the two alleys were closed. This would eliminate the risk the City of Windsor owning a remnant portion of closed alley without direct public access. Subsequently, the Planning Division in consultation with Legal and Real Estate Services contacted the owners of 7467 St. Rose, 7439 St. Rose and 921 Belle Isle View by registered letter advising that in order to proceed with the application the City of Windsor needed all parties agree to purchase the portions of alley or right-of-way subject to Council approval that corresponded to their respective properties.

By the end of February 2020, Administration had received written responses from all of the property owners agreeing to the City of Windsor’s request and Administration could begin to proceed with processing the application as described above.

Administration’s recommendations are to close and convey the subject right-of-way and alley to the corresponding property owners as indicated in the Recommendations section of this report.

RISK ANALYSIS:

The recommended closures will divest the City of associated liability risks and maintenance costs.

FINANCIAL MATTERS :

The conveyance price for Part 2 as shown in Appendix “A” is set at $3,937 a front metre without easements and $1,969 a front metre with easements, survey cost included.

The conveyance price for Part 1, Part 3, Part 4 and, Part 5 as shown in Appendix “A” that are zoned RD1.2 is set at $1.00 plus deed preparation fee and proportionate share of the survey cost as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor.