Report to: Development Services Committee Date of Meeting: June 17, 2008
SUBJECT: Release
of Easement – Part of Lots 3 and 4, Concession 3, designated as Parts 1 and 2,
Plan 65R-28378
Box Grove Community
PREPARED BY: Brian
Lee, Manager, Development Engineering, Ext. 4838
RECOMMENDATION:
That the June 18, 2008 report entitled “Release
of Easement – Part of Lots 3 and 4, Concession 3, designated as Parts 1 and 2,
Plan 65R-28378, Box Grove Community”, be received;
And that the Mayor and Clerk be authorized and
directed to execute a release of an easement over Part of Lots 3 and 4,
Concession 3, designated as Parts 1 and 2, Plan 65R-28378, 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.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Not applicable
To obtain authorization to release an easement
which is no longer required by the Town.
On August 18, 2005, the Town entered into a
residential Subdivision Agreement with Balgreen Holdings Inc. and Winter Garden
Estates Inc. for development of the Winter Garden Subdivision – Phase 1, now
registered as Plan 65M-3853.
An easement, Part 1, Plan 65R-28378 was
conveyed to the Town for the construction, access and maintenance of storm
sewers that are external to Phase 1 of this Plan of Subdivision. This easement was to be released when Phase 2
of the Plan of Subdivision is registered.
A second easement, Part 2, Plan 65R-28378, was
also conveyed to the Town for a temporary berm to be constructed as a barrier
to prevent overland flow from flooding certain lands during the construction
stage. Likewise, this easement was to be
released when lands in Phase 2 of the Plan of the Subdivision were graded.
Phase 2 of the Plan of Subdivision was
registered on April 16, 2007 as Plan 65M-3976. The underground services are now located
within public rights-of-way known as Terrance Drive and Senderns Drive.
Access to the underground infrastructure is now provide through the
municipal rights-of-way, and therefore Part 1, Plan 65R-28378 easement for
construction, access and maintenance can be released at this time.
Phase 2 of the Plan of Subdivision has been
graded and the temporary berm is no longer required for flood protection and
has been removed. Therefore, Part 2,
Plan 65R-28378 easement can also be released at this time.
ENVIRONMENTAL CONSIDERATIONS:
None.
ACCESSIBILITY CONSIDERATIONS:
None.
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal Department has reviewed this report and
concurs with the recommendations of this report.
RECOMMENDED BY:
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Alan Brown, C.E.T.
Director of Engineering
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Attachment ‘A’ – 65R-28378
Q:\Development\Engineering\REPORTS\2008\June\Report
to DSC Release of Easement Box Grove Community