Minutes
Development & Heritage Standing Committee
Monday, November 16, 2020

Report Number: S 138/2020

Clerk's File: SAA2020

11.2. To Close and Convey Part of the Westerly Portion of North Terminal Rd, Northerly of Essex Terminal Railway - SAS/5711 - Applicant: B & S Dortmans – Ward 3

Moved by: Councillor Sleiman

Seconded by: Councillor Morrison

Decision Number: DHSC 218

  1. THAT the portion of North Terminal Road east of Charl Avenue, labelled as “Part 1” as shown on Drawing No. CC-1751B attached as Appendix ‘ A ’ , BE ASSUMED for subsequent closure;

  2. THAT the portion of North Terminal Road east of Charl Avenue, labelled as “Part 1” as shown on Drawing No. CC-1751B attached as Appendix ‘ A ’ , BE CLOSED AND CONVEYED to the applicant, and adjusted as necessary, in a manner deemed appropriate by the City Planner, subject to the following: a. An easement registered by The Corporation of the City of Windsor in the City’s standard form and in a ccordance with the City’s standard practice;

  3. THAT Conveyance Cost BE SET at: a. For property abutting Development Reserve DRD1.1, conveyance price will be $10.76 per square metre without easements and $5.38 per square metre 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;

  4. THAT the portion of North Terminal Road east of Charl Avenue, labelled as “Part 2” as shown on Drawing No. CC-1751B attached as Appendix ‘ A ’ , BE DENIED for the following reasons:

    1. The right-of-way does not meet the criteria for closure; it is deemed indispensable and not suitable for closure.

    2. The right-of-way contains sewers and must remain accessible for servicing.

    3. The right-of-way contains access to existing utility poles, guying, anchors, and 347/600V secondary distribution lines and must remain accessible for servicing.

  5. THAT The City Planner BE REQUESTED to supply the appropriate legal description, in accordance with Drawing Number. CC-1751B attached as Appendix ‘ A ’ ;

  6. THAT The City Solicitor BE REQUESTED to prepare the necessary by-law(s);

  7. THAT the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary documents approved as to form and content satisfactory to the City Solicitor; and,

  8. THAT the matter BE COMPLETED electronically pursuant to By-law Number 366-2003.

Carried.