HomeMy WebLinkAboutCRPS-10-022 - Release of Easement - Courtland AvREPORT TO: Committee of The Whole
DATE OF MEETING: November 15, 2010
SUBMITTED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
PREPARED BY: Lesley MacDonald, Direcor of Legal Services
and City Solicitor
WARD(S) INVOLVED: All
DATE OF REPORT: October 8, 2010
REPORT NO.: CRPS - 10-022
SUBJECT: RELEASE OF EASEMENT - COURTLAND AVENUE AND
FUTURE EASEMENT RELEASE REQUESTS
RECOMMENDATION:
"That Legal Services be authorized to prepare and register a Transfer Release and
Abandonment releasing all the rights of the City contained in Instrument No. A-30953 and
a Notice of Claim registered as Instrument No. 1444347 as it affects Lot 248, Plan 262,
municipally known as 464 Courtland Avenue; and further,
That the Mayor and Clerk be authorized to execute any and all documentation required to
facilitate registration of the said release as approved by the City Solicitor; and further,
That Legal Services be authorized to prepare and register the appropriate Transfer
Release and Abandonment releasing all rights the City may have or had in an easement
as documented on title where it is deemed to be no longer required by the benefiting
division of the City, and as approved by the City Solicitor,
That the Mayor and Clerk be authorized to execute any and all documentation required to
facilitate registration of any future release of easement, deemed to be no longer required
by the benefiting division of the City, and as approved by the City Solicitor."
BACKGROUND:
A Notice of Claim was registered as Instrument No. 1444347 for the purposes of renewing the
easement rights set out in an Easement for a sanitary trunk sewer registered as Instrument No.
A-30953. This easement is registered on a number of properties, particularly, 464 Courtland
Avenue,
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REPORT:
Legal has received a request to release the easement rights granted by Instrument No. A-30953
as it pertains to the property located at 464 Courtland Avenue.
Staff from Engineering Services have confirmed that the pipe is no longer in use as they have
been removed from service for several years, and the pipes have been plugged at the
disconnected open ends and filled with concrete. The neighbouring properties are serviced
from the mains that have been relocated through the existing streets. Accordingly, it would be
appropriate to remove the easement rights in favour of the City of Kitchener at this time from
the property located as 464 Courtland Avenue, Kitchener.
From time to time Legal Services receives requests to release existing easements from title of
various properties. When the request is received, a search of title is conducted to determine
what the easement is for and then the appropriate division is circulated in order to determine if
the easement is still required on the lands. If it is confirmed that the easement is no longer
required, a report is submitted to council to obtain the proper authorization to release the
easement. At times, the release request is the result of a pending sale transaction of the
affected property and the potential purchaser requires the easement to be removed from title
and the notice given to the City is not necessarily sufficient time to obtain the authority from
Council. Authorizing all future release of easement requests now, would result in a more
efficient response to the requesting party once confirmation has been received from the
benefiting party that the easement is no longer required.
FINANCIAL IMPLICATIONS:
There will be a nominal registration charge to register the release on title to each property.
Currently, we have only been contacted by the owner of 464 Courtland Avenue.
COMMUNICATIONS:
Engineering Services has confirmed that the existing easement is no longer required for the
benefit of the City and is in agreement that the easement should be removed from title.
CONCLUSION:
It is requested that the above resolution be approved by Council to facilitate the release of the
easement registered as Instrument No. A-30953 and the subsequent Notice of Claim registered
as Instrument No. 1444347 as they affect Lot 248, Plan 262, municipally known as 464
Courtland Avenue. This will allow Legal Services to register the Release and Abandonment
for this and all future release of easement requests once it has been confirmed that the
easement is no longer required and will expedite the process if each request does not have to
be brought back before council.
All of which is respectfully submitted.
ACKNOWLEDGED BY: Troy Speck, General Manager, Corporate Services
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