STAFF REPORT: ROAD CLOSURE AND REMOVAL OF HIGHWAY DEDICATION – 2901 HERBATE ROAD

ROAD CLOSURE AND REMOVAL OF HIGHWAY DEDICATION – 2901 HERBATE ROAD

RECOMMENDATION:

THAT Council give first, second and third readings to “Road Closure and Removal of Highway Dedication Bylaw No. 971, 2017”.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To put forward “Road Closure and Removal of Highway Dedication Bylaw No. 971, 2017” for consideration.

BACKGROUND:

In late 2012 the Engineering Department undertook some survey work north of Thetis Lake Park. This work identified an encroachment of a portion of a private residence and the associated well by 2901 Herbate Road onto an undeveloped portion of Herbate Road.

The owners of 2901 Herbate Road undertook additional survey work and subsequently requested that the Town consider the sale of approximately 522m² to remedy the well, residence and fence encroachments (see Attachment “A”).

At the May 2, 2017 Council meeting, Council passed the following resolution:

THAT the request for the purchase of approximately 522m² of unopened road dedication adjacent to 2901 Herbate Road by the owner of 2901 Herbate Road to remedy three encroachments from that property be supported in principle;

AND THAT this transaction be subject to the following conditions:

Council approval of the property disposition upon review of the appraised value;

adoption of a road closure bylaw;

receipt of a market value appraisal prepared by a professional selected from a Town-supplied list;

Ministry of Transportation and Infrastructure approval; if required;

successful running of statutorily required road closure and disposition advertisements;

consolidation of the subject property with 2901 Herbate Road;

all related costs to be borne by the owner of 2901 Herbate Road, including but not limited to appraisal; legal, Land Title and Survey Authority of BC, survey and advertising;

AND FURTHER THAT the Town’s authorized signatories be permitted to execute the required documentation.

To ensure the application can continue to proceed smoothly and in a timely manner, it is appropriate to begin the bylaw readings process. Accordingly, this report seeks Council’s approval for first, second and third readings of Road Closure and Removal of Highway Dedication Bylaw No. 971, 2017 (Attachment “B”).