Report to: Development Services Committee Report Date:
SUBJECT: Partial Release of Easement – Part of Lot 24, Concession 3, designated as Part 1, Plan 65R-27851
West Cathedral Community
PREPARED BY: Brian Lee, Manager, Development Engineering, Ext. 3828
Khaled Mamun, Development Engineer, Ext. 7920
RECOMMENDATION:
That the April 8, 2008 report entitled “Partial Release of Easements – Part of Lot 24, Concession 3, designated as Part 1, Plan 65R-27851, West Cathedral Community”, be received;
AND THAT the Mayor and Clerk be authorized and directed to execute a partial release of an easement over Part of Lot 24, Concession 3, designated as Part 1, Plan 65R-27851, and any other documents required to give effect thereto;
AND THAT staff be authorized and directed to do all things necessary to give effect to this resolution.
PURPOSE:
To obtain authorization to partially
release an easement which is no longer required by the Town.
BACKGROUND:
On May 2, 2005, the Town entered into a residential Subdivision Agreement with Cathedraltown Ltd., 404 Developments Inc. and The Slovak Greek Catholic Church Foundation for development of the Cathedraltown Subdivision - Phase 1 now registered as Plan 65M-3830. A permanent easement was conveyed to the Town for the construction, access and maintenance of a storm sewer, a sanitary sewer and a watermain which services were external to this phase of the subdivision. This easement should have been a temporary easement until such time as Phase 2 of the subdivision was registered. Phase 2 has now been registered as Plan 65M-3995 and part of the underground services are now located in a Town-owned park block as well as within existing ROWs.
DISCUSSION
This easement was only to provide temporary access for construction of municipal services, to be partially released upon registered of Phase 2 being Plan 65M-3995.
Given that Cathedraltown Subdivision Phase 2 is now registered as Plan 65M-3995, the park block and ROWs are created, and access to the underground infrastructure is now provided through the ROWs, therefore, the easement to provide access can be partially released at this time. The balance of the easement will stay in place until such time as future subdivision phases are registered and the services described herein become part of future ROW’s.
FINANCIAL CONSIDERATIONS:
None
ENVIRONMENTAL CONSIDERATIONS:
None
ACCESSIBILITY CONSIDERATIONS:
None
BUSINES UNITS CONSULTED AND AFFECTED:
Legal Department has reviewed this report and their comments have been incorporated.
RECOMMENDED BY:
Alan Brown, C.E.T. Jim Baird, M.C.I.P., R.P.P.
Director of Engineering Commissioner of Development Services
ATTACHMENTS:
Attachment “A” – Plan 65R-27851
Attachment “B” – Plan 65M-3995
Q:\Development\Engineering\REPORTS\2008\April\Release
of Easement_West Cathedral Community.doc