HomeMy WebLinkAboutFCS-13-017 - Surplus Lands for Servicing EasementREPORT TO:Committee of the Whole
DATE OF MEETING:
February 4, 2013
SUBMITTED BY: Steve Ross, Assistant City Solicitor, Ext. 7266
PREPARED BY:
Steve Ross, Assistant City Solicitor, Ext. 7266
WARD(S) INVOLVED: 2
DATE OF REPORT: January 29, 2013
REPORT NO.:
FCS13-017
SUBJECT:
DECLARE SURPLUS TO THE CITY’S NEEDS PART
BLOCK 6, 58M-554 BEING PART 1, 58R-17712 FOR THE
PURPOSE OF CONVEYING A SERVICING EASEMENT
TO THE ABUTTING OWNERS
RECOMMENDATION:
That the City declare surplus to its needs land legally described as Part of Block 6, Plan
58M-554 being Part 1 on Reference Plan 58R-17712 to permit an easement in favour of
the abutting landowners for a servicing easement; and further
That Legal Services be directed to complete a Transfer Easement over the said lands to
the abutting landowners for no consideration with all disbursements to be paid by the
developer of the lands, on terms and conditions satisfactory to the City Solicitor.
BACKGROUND:
Pursuant to Conditions of Draft Approval for Subdivision Application 30T-09202, the Subdivider,
Earth Park Developments Inc. was to provide an easement to the City for the purpose of
providing servicing to adjacent lands.
The location of the said easement was determined to be over Block 6 on the Plan of
Subdivision. Block 6 was to be conveyed to the City to satisfy the parkland dedication
requirement. A draft Reference Plan was prepared and submitted to Engineering Services for
approval indicating the location of the servicing easement as Part 1 on the draft Reference Plan.
Engineering Services approved the draft Reference Plan. The Reference Plan was
subsequently deposited as 58R-17712.
As the said Part 1 on 58R-17712 was within the Block 6 to be conveyed to the City, Engineering
agreed that Block 6 would be conveyed to the City following registration of the Plan of
Subdivision and the City would then convey the servicing easement over Part Block 6, Plan
58M-554 being Part 1 on Reference Plan 58R-17712 to the abutting landowners, Peter and
Michelle Schmidhuber to avoid Planning Act issues.
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REPORT:
The Plan of Subdivision has now been deposited as 58M-554 and the Reference Plan showing
the said Part 1 for the servicing easement has been deposited as 58R-17712 (see attached.)
The servicing easement in favour of Peter and Michelle Schmidhuber can now be created.
FINANCIAL IMPLICATIONS:
The Subdivider, Earth Park Developments Inc., will be responsible for all legal fees and
disbursements incurred with respect to the conveyance of the servicing easement to Peter and
Michelle Schmidhuber.
CONCLUSION:
Engineering Services has confirmed the location of the servicing easement to be Part 1 on
Reference Plan 58R-17712 and has confirmed that the easement should be conveyed to Peter
and Michelle Schmidhuber at this time.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance and Corporate Services
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