Report to: Development Services Committee Report Date: November 3, 2009

SUBJECT: Release and Replacement of Easement to Angus Glen

Village Ltd. over Part of Lot 89, Plan 65M-4085, designated

as Part 3, Plan 65R-31103

- and -

Transfer of Replacement Easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673

PREPARED BY: Brian Lee, Manager, Development Engineering and Transportation, Ext. 4838

Khaled Mamun, Development Engineer, Ext. 7920

RECOMMENDATION:

1) THAT the report entitled, “Release and Replacement of Easement to Angus Glen Village Ltd. over Part of Lot 89, Plan 65M-4085, designated as Part 3, Plan 65R-31103 and Transfer of Replacement Easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673”, dated November 3, 2009, be received;

2) AND THAT the Mayor and Clerk be authorized and directed to execute a Release and Abandonment of Easement to Angus Glen Village Ltd. over Part of Lot 89, Plan 65M-4085, designated as Parts 3, Plan 65R-31103;

3) AND THAT the Mayor and Clerk be authorized and directed to execute a replacement Transfer of Easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673;

4) AND FURTHER THAT staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to obtain authority to release and abandon an easement to Angus Glen Village Ltd. over Part of Lot 89, Plan 65M-4085, designated as Part 3, Plan 65R-31103 and to replace same with a transfer of easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673.

BACKGROUND:

On July 29, 2008, the Town entered into a Residential Subdivision Agreement with Angus Glen Village Ltd. registered as Plan 65M-4085. As part of the subdivision process, the Town acquired a permanent sanitary sewer and watermain easement over Part of Lot 89, Plan 65M-4085, designated as Part 3, Plan 65R-31103 registered as Instrument No. YR1220759, as shown on Schedule “A”.

OPTIONS/ DISCUSSION:

Angus Glen Village Ltd. has changed the planned building location on Lot 89, Plan 65M-4085 subsequent to the registration of Plan 65M-4085. As a result of this change in location, Angus Glen Village Ltd. has requested this release and abandonment on the understanding that the original Easement will be replaced with a new sanitary sewer and watermain easement deleting reference to the portion to be occupied by the building, as shown on Schedule “B”. There are no concerns with operations and maintenance issues with this change in easement.

ALIGNMENT WITH STRATEGIC PRIORITIES:

N/A

BUSINESS 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, Engineering Commissioner, Development Services

ATTACHMENTS:

Schedule ‘A’ – Plan 65R-31103

Schedule ‘B’ – Plan 65R-31673

Q:\Development\Engineering\REPORTS\2009\November\Release of Easement Angus Glen West Village Revised 100609.doc