BYLAW NO. 1709 - "Road Closure Bylaw No. 1709 (Salem Road), 2017" (FIRST, SECOND AND THIRD READINGS)

Staff Report to Council

Date: June 8, 2017
Department: Engineering
Subject: Closure and Disposition of a Portion of Salem Road

Background

As part of the extension of Salem Road, connecting it from Sooke Road to Luxton Road and installation of a sewer extension and sewer lift station on Salem Road, the City obtained permission from the Agricultural Land Commission (ALC) to allow a Transportation Use Corridor (TUC) in Agricultural Land Reserve lands. One of the conditions of the dedication of the TUC was that the City close the un-used portion of Salem Road Right of Way and consolidate that land with the adjacent land owned by the Mew Family to the south of the Salem Road RoW. The purpose of this report is to seek Council consideration for this road closure.

Commentary

Salem Road, as outlined in this report is an area proposed to be closed and consolidated with land owned by the Mew Family to the south of the existing right of way in exchange for the Mew family dedicating the revised road right of way pursuant to the ALC allowing this corridor to be used as a TUC. The attached plan outlines the proposed road closure in bold outline and the proposed road dedication which would follow closure of the existing road right of way.

Financial Implications

The road closure is part of an exchange for road dedication.

Legal Implications

There are no known legal implications with the proposed closure and disposition of road. The proposed closure is a condition that the ALC applied to the City of Langford for the designation of the TUC.

Options

That Council;

1. Give Road Closure Bylaw No. 1709 (Salem Road) 1st, 2nd, and 3rd readings.

OR

2. Do nothing at this time, and not close Salem Road as outlined in this report.

Respectfully Submitted,

Submitted by:
Michelle Mahovlich, P.Eng. P.Geo., Director of Engineering

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Michael Dillabaugh, Director of Finance
Jim Bowden, Chief Administrative Officer
Darren Kiedyk, Deputy Chief Administrative Officer
Braden Hutchins, Director of Corporate Services

Attachments:

• Road Closure Plan
• Road Dedication Plan

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CITY OF LANGFORD

ROAD CLOSURE BYLAW NO. 1709, 2017
Road Closure Bylaw

WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by bylaw, close a portion of a highway to traffic and remove the dedication of the highway, if prior to adopting the bylaw, Council publishes notices of its intention in a newspaper and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council;

AND WHEREAS the Council of the City of Langford deems it expedient to close to traffic and remove the dedication of highway of that portion of highway comprising a total of approximately 0.214 hectares (0.53acres), which was dedicated as highway by Plans 44241 and VIP66809, shown outlined in a bold black line on the reference plan prepared by N. Roger Parry, BCLS on the 13th day of January, 2017, a reduced copy of which is attached hereto (the “Road Closure Plan”);

AND WHEREAS notices of Council’s intention to close that portion of highway to traffic and to remove its dedication as highway were published in a newspaper and posted in the public notice posting place, and Council has provided an opportunity for persons who consider they are affected by the closure to make representations to Council;

AND WHEREAS the Council does not consider that the closure of the Closed Road will affect the transmission or distribution facilities or works of utility operators;

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as follows:

1. Attached to this Bylaw as Schedule “A” and forming part of this Bylaw is a reduced copy of the reference plan of highway closure (the “Road Closure Plan”).
2. The City hereby authorizes the closure to traffic and removal of highway dedication of:
   the 0.364 hectares of highway, which was dedicated as highway by Plans 1817 and 22830, Sections 88 and 89, Esquimalt District, labelled “Road to be Closed Area 1 and Area 2” on the Road Closure Plan EPP72590
   (the “Closed Road”).
3. On deposit of the Road Closure Plan and all other documentation for the closure of the Closed Road in the Victoria Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled.
4. The Mayor and the Chief Administrative Officer of the City are authorized to execute all deeds of land, plans and other documentation necessary to affect this road closure and disposition.
5. This Bylaw may be cited as “Road Closure Bylaw No. 1709 (Salem Road), 2017”.

Readings and Adoption

READ A FIRST TIME this day of , 2017.
READ A SECOND TIME this day of , 2017.

READ A THIRD TIME this day of , 2017.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS DAY OF , 2017.
ADOPTED this day of, 2017.

MAYOR

(Certified Correct)

CORPORATE OFFICER

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SCHEDULE “A” – Road Closure Plan