Report to: Development Services Committee Report Date:
SUBJECT: Building Encroachments into Municipal Easement
Matttamy Developments (Wykland Estates)
Plan 65M-3884, Lots 59, 60 and 64
PREPARED BY: Kevin Young, Manager, Municipal Inspections, ext. 3050
RECOMMENDATION:
That the report entitled “Building Encroachments into Municipal Easement, Mattamy Developments (Wykland Estates) Plan 65M-3884, Lots 59, 60 and 64” be received;
And that a by-law be enacted to release and abandon the municipal servicing easement over Parts 2, 3, 6, 7, 10 and 11 as shown on Plan 65R-29899;
And that the Town Solicitor be authorized to approve and execute the necessary release and abandonment of easement in respect of Parts 2, 3, 6, 7, 10 and 11 on Plan 65R-29899;
And that Ballantry Homes satisfy the Town Solicitor that it will be responsible for the preparation of all necessary transfers, reference or survey plans, fees, environmental clearances and all other documents and for all costs incurred by the Town related to the builders encroachment into the municipal servicing easement and the release and abandonment of the easement;
And that Ballantry Homes pay to the Town the amount of $15,000 (3 lots @ $5000 each) as compensation towards potential future increased maintenance and repair costs as a result of the reduced easement width on Lots 59, 60 and 64 on Plan 65M-3884, to be deposited in the Community Services Commission Operating Reserves Account;
And that Ballantry Homes pay the Town’s Legal and Engineering fees associated with these transactions in the upset amount of $4,500 ($1,500/lot);
And that the
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Ballantry Homes will be required to pay to the Town the amount of $15,000 (3 lots @ $5,000 each) as compensation towards any increased maintenance and repair costs as a result of the reduced easement width on Lots 59, 60 and 64 on Plan 65M-3884. The $15,000 amount is to be deposited in the Community Services Commission Operating Reserve Account.
Ballantry Homes will also be
required to pay the Town’s legal and engineering fees associated with these
transactions in the upset amount of $4,500 ($1,500/lot) and will be responsible
for all other costs and expenses incurred in resolving the encroachments and
abandoning the easements.
1.
Purpose 2. Background 3. Discussion 4. Financial
5. Others (Environmental,
Accessibility, Engage 21st, Affected Units) 6. Attachment(s)
PURPOSE:
The purpose of this report is to
obtain Council’s authorization to release and abandon the municipal easement on
those lands where the house porch and foundation encroach into the municipal
easement on Lots 59, 60 and 64, Plan 65M-3884 shown as Parts 2, 3, 6, 7, 10 and
11 on Plan 65R-29899.
BACKGROUND:
As a requirement on Plan of Subdivision 65M-3884, developed by Mattamy Developments (Wykland Estates) and known as Mattamy Cornell, a 3.0 meter wide easement along the south side of 16th Avenue was registered on the title of the lands and conveyed to the Town. The municipal easement allows the Town to construct and maintain the municipal storm sewer, sanitary sewer and watermain on these lands. The terms of the easement require the easement to be kept clear and unencumbered by buildings, structures, improvements or extensive landscaping or other works that might injure or damage the municipal services or render more costly the restoration of the lands by the Town after construction or repairs. The onus to ensure that the house construction does not encroach into the Municipal Easement is the responsibility of the builder.
During the construction of the
homes by Ballantry Homes on Lots 59, 60 and 64 on
In order for Ballantry Homes to provide a clear title to the home purchaser(s) it is now necessary to release and abandon the area of encroachment into the municipal easement, shown as Parts 2, 3, 6, 7, 10 and 11 on reference plan 65R-29899.
The Town’s
ENVIRONMENTAL CONSIDERATIONS:
No environmental concerns or issues exist. In the event that the property owners require any environmental clearances for the easement lands to be abandoned, Ballantry Homes will be responsible to provide same at their own cost.
RE-EVALUATION OF PROCESS:
Municipal servicing easements with building lots and blocks are common and are taken by the Town as means to providing the municipal services required within a plan of subdivision or site plan as opposed to a block of land being conveyed to the Town, which could effect development layout and lot coverage.
In order to prevent the construction of a building within a municipal easement, it is the responsibility of the developer/builder to identify and implement measures to prevent building permits being applied for which encroach into such.
Staff will be reviewing with the development industry the following options:
- Require in subdivision/site agreements that the developer notify builders of easements.
- Establish a Town easement record within AMANDA or other suitable format that links and identifies all municipal servicing easements, including their purposes and restrictions, to the individual lots or blocks, so easements are identified at the time of the building permit request.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Planning and Urban Design, Legal, and Operations Departments have reviewed this report and their comments have been incorporated.
RECOMMENDED BY:
________________________ ________________________
Alan Brown, C.E.T. John Wright
Director, Engineering Director, Building Standards
________________________
Jim Baird, M.C.I.P., R.P.P.
Commissioner, Development Services
ATTACHMENTS:
Attachment A: Area Map
Attachment B-1 and B-2:
Excerpts from Reference Plan 65R-29899
Q:\Development\Engineering\REPORTS\2007\May\Building
Encroachments into Municpal Easement Alan's version 050107.doc
