Council still considering second request from property owner

The Village of Alix council turned down a property owner’s request that an undeveloped road be closed and sold. However, a second, similar request from the same property owner is still under consideration, both topics being discussed at the Mar. 4 regular meeting of council.

Councillors read two separate agenda items that were similar in nature: road allowance closure requests from the same property owner, Kelly Mercer.

Chief Administrative Officer (CAO) Michelle White presented both requests, the first to close a portion of 54th Ave., the second a right-of-way (ROW) that separates two of Mercer’s parcels. Mercer also requested that, after the closure, the two portions be sold to the applicant.

It should be noted the road in question is 54 Ave.

“I am inquiring about closing the future road 54 St. which goes through the wetland and separates my property from my barn land, which is Lot 1 Block 1,” stated a letter from Mercer; maps presented at the meeting showed that the land in question is on Alix’s north side, on the other side of the highway.

White noted she had an update on this first request that wasn’t included in the agenda package; as it turns out, the Hwy. #12/21 Water Commission has a ROW that lies beneath that exact portion of 54 Street. “It’s not even our water line,” said the CAO.

The CAO observed that if Mercer’s first request to shut that portion of 54 Street was granted, a lot of work would have to be done to protect the water line infrastructure underground.

Therefore, the CAO’s recommendation was to decline Mercer’s first request. Councillors voted unanimously to decline Mercer’s request to close a portion of 54 Street due to the water infrastructure underneath.

Councillors then read Mercer’s second letter. “I am inquiring about closing the right of way that separates my property from my others to combine to make one property,” stated Mercer’s second letter. “I am requesting that the right of way be removed for this to happen, as we maintain this property at this moment as the village has never done so.”

The staff report noted that council has the authority to close the undeveloped road allowance, but a process must be followed that includes a bylaw, public advertising, a public hearing, approval from the provincial government and then land titles registration.

The CAO stated such a request, to close an undeveloped road allowance and then sell the property to a member of the public, may be balanced by factors such as possible future use of that road allowance, sale price and conditions and the cost to carry out the request.

The CAO stated during discussion her recommendation was that council instruct staff to do more research into this request and present back at a future meeting.

As councillors discussed Mercer’s second request, they examined maps of Alix’s north side where the property is located and determined the road allowance in question is part of a back alley and it appeared to align with the applicant’s request to close the road allowance, purchase it from the village, then combine it with existing titles to create one new, large title.

The CAO stated that, as far as she knew, this second request wouldn’t affect any water lines, but research still needed to be done.

Councillors unanimously passed a resolution instructing staff to research Mercer’s second request and report back at a future meeting.