The recommendation to deny the applicant’s request to close the subject right-of-way poses no known risks or liabilities to the Corporation of The City of Windsor. It is true that closure of the right-of-way would transfer liabilities to the abutting property owner and divest the City of associated liability risks and maintenance costs. However, it is equally true that The Corporation of the City of Windsor would benefit from leaving the right-of-way open for potential future use as an active transportation corridor / trail connection.

Financial Matters:

For property abutting DRD1.1 conveyance price will be $1.35 per square foot without easements and $0.67 with easements 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.

Consultations:

Consultations were held with City Administrative Departments and Utility Companies, which resulted in the information found in attached Appendix “C”.

The Public Works – Engineering division objected to the proposed closure on the grounds that there are municipal sewers and a manhole within the proposed closure. Due to the ongoing requirement for access to maintain the sewers the right-of-way is indispensable.

Enwin Utilities Ltd. And Windsor Utilities require easements in the subject area of closure.

Notices of the meetings of the Development & Heritage Standing Committee and Council are published in the Windsor Star prior to each of the meetings. In addition, notice of each of the public meetings will be mailed to any abutting/affected property owners prior to the meetings.

Conclusion:

The right-of-way proposed for closure is classified as indispensable; hence, it is not suitable for closure.

Access to service municipal sewers, a manhole and secondary transmission lines is required.

Therefore, the recommendation is to deny the applicant’s request to close the subject right-of-way, as noted in Recommendation I of this report.

Planning Act Matters:

N/A