Report to: Development Services Committee Date of Meeting: June 1, 2010

SUBJECT: Delegation of Authority to Release Permanent and Temporary Easement, and Partial Release of Easement – Part of Lot 23, Concession 3, designated as Part 2, Plan 65R-32322, West Cathedral Community

PREPARED BY: Brian Lee, Manager, Development Engineering and Transportation, Ext. 3848

David Pearce, Manager, Real Property, Ext. 5988

Khaled Mamun, Development Engineer, Ext. 7920

RECOMMENDATION:

1) That the report entitled “Delegation of Authority to Release Permanent and Temporary Easement, and Partial Release of Easement – Part of Lot 23, Concession 3, designated as Part 2, Plan 65R-32322, West Cathedral Community”, be received;

2) And that By-law 4-2000 be amended to delegate the release of easements to the Chief Administrative Officer;

3) And that the Mayor and Clerk be authorized and directed to execute a partial release of easement over Part of Lot 23, Concession 3, designated as Part 2, Plan 65R-32322, and any other documents required to give effect thereto;

4) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable.

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

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

PURPOSE:

The purpose of this report is:

a) To obtain authorization to partially release an easement that is no longer required by the Town;

b) To delegate authority under the Municipal Act for release of permanent and temporary easements to the Chief Administrative Officer.

BACKGROUND:

On May 2, 2005, the Town entered into a residential Subdivision Agreement with Cathedral Town Ltd., 404 Development 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 designated as Part 4, Plan 65R-27851 (Location is shown in Attachment ‘A’) was conveyed to the Town at the time of registration of the Subdivision (“Easement”). The purpose of the Easement is for the construction and maintenance of a watermain.

The watermain has now been constructed in a different location within the natural channel block which is a Town property and is accessible for maintenance through the Town’s property. Therefore, a portion of the Easement is no longer required and can be released.

OPTIONS/ DISCUSSION:

Partial Release of Permanent Easement:

The Easement was conveyed to the Town based on the proposed location of the watermain. Cathedral Town Ltd. has relocated the watermain in a new approved location subsequent to the plan registration. The Easement is now re-designated as Part 1 of Plan 65R-32322 (see Attachment ‘B’) which the Town will continue to keep, and the easement over Part 2 on Plan 65R-32322 is no longer required and can be released.

Delegated Authority to Release Permanent and Temporary Easement

By-law 2007-144 delegates the authority to enter into certain agreements of purchase and sale, licences and leases to the Chief Administrative Officer.

The subject matter of this report and others like it are considered administrative in nature and in order to create more efficient service delivery, it is recommended that By-law 2007-144 be amended to include the Chief Administrative Officer authorization to release easements. Affected departments will continue to be consulted to obtain their consent to releases of such easements.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

None

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Department has reviewed this report and concurs with the recommendations of this report.

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’ – Location of Easement

Attachment ‘B’ – Plan 65R-32322

Q:\Development\Engineering\REPORTS\2010\June\Report_Partial Release of Easement.doc