Application to Close Lane - Clarifying Information from the City - Please read carefully
David Mennier
Further to my discussions with the City last week on the process, costs and conditions associated with applying to close the lane (or part thereof), see the response from the City below.
(These costs and conditions were assumed and noted in the leaflet I distributed earlier this week, and have now been confirmed.)
In summary, if the application to close is successful, abutting owners of the section of the lane to be closed must agree to purchase their portion of the lane.
So, it would be the cost of each owner's share of the application costs + individual survey costs + individual land purchase.
I just wanted everyone to be clear on these points.
I am starting to receive the completed leaflets I distributed earlier this week, so we will know the intention of abutting property owners soon.
Kind regards, and please do carefully read the below information from the City.
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David P. Mennier
Ottawa
General Information to consider
· In the context of the lane closure inquiry, and partial closure or portion of the lane, this may be a possible to consider; depends on a number of factors, such as the area proposed for closure, and abutting property owners interest in purchasing the respective parts.
· The ONLY way a lane or portion thereof would be closed, is if ALL applicable parts are conveyed to the abutting the owners.
o You should discuss this with all of the abutting land owners to canvas the interest in land conveyance.
o The City will not support partial closures that result in remnant land or irregular/unusable lanes in City ownership.
· A Survey – Draft R-Plan will be required to identify all the respective parts for closure and conveyance. Cost to be incurred by the Applicant (not the City).
o Typically the Plan would divide the lane down the middle, and then align with the abutting properties to create parts on a Draft R-Plan. You can discuss this with a qualified land surveying, and it may also be tweaked depending on the abutting owner(s) interest in purchase.
o We can discuss further to clarify if needed.
· Any portions closed and sold to abutting land owners would be conveyed at Market Value, and is determined by the City (Real Estate Branch).
· IF the lane or portions were closed, purchase of the applicable parts (land) would done via a Purchase and Sale Agreement; one of the conditions of closure and sale would be conditional upon ALL portions closed and conveyed. If any of the abutting owners are not interested in purchasing, or if all the “closed” portions are not conveyed, then the lane would closure would not be applicable and it would remain open.
Please note this e-mail is without prejudice and if an application is submitted to close the lane (or portions), the acceptability as to whether it would be supported is to be confirmed via the process.