RECOMMENDATION:
That a by-law be enacted authorizing the Mayor
and Clerk to execute a Release and Abandonment of Easement for lands legally
described as Part of Lot 18, Concession 3, designated as Parts 15 and 16, Plan
65R-17583, Markham, in a form satisfactory to the Town Solicitor.
PURPOSE:
To
obtain Council authority to release and abandon a permanent and temporary storm
sewer easement over lands owned by the Markham Chinese Baptist Church at 9580
Woodbine Avenue.
BACKGROUND:
On
March 10, 1995, the Town entered into a Development Agreement with Captain
Developments Limited pursuant to a Committee of Adjustments severance
decision. A condition of the
Development Agreement was the conveyance of certain easements one of which is a
permanent and temporary storm sewer easement over lands legally described as
Parts 15 and 16, Plan 65R-17583, which easement was registered as Instrument
No. LT1029439.
OPTIONS/DISCUSSION:
On
May 24, 1996, Captain Developments Limited sold Part of Lot 18, Concession 3,
designated as Parts 5, 15 and 16, Plan 65R-17583 to the Markham Chinese Baptist
Church. The Markham Chinese Baptist
Church entered into a Site Plan Control Agreement with the Town for the
construction of the church. The storm
sewer easement registered as Instrument No. LT1029439 currently encumbers title
to the church lands and since the storm sewer has since been re-routed the
easement is no longer necessary.
FINANCIAL CONSIDERATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None.
ACCESSIBILITY CONSIDERATIONS:
None.
ENGAGE 21ST CONSIDERATIONS:
None.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
Town's Engineering Department has confirmed that this easement has been
re-routed and it is no longer necessary to encumber title to the lands
currently owned by the Markham Chinese Baptist Church.
ATTACHMENTS:
1. Reduced copy of Plan 65R-17583 showing
the location of the easement to be released
and abandoned.
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Catherine M. Conrad, Town Solicitor
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Q:\Exec Office\Legal\REPORTS\Reports
2003\Mkm Chinese Baptist church rel & aban.doc
