HomeMy WebLinkAboutCRPS-05-120 - Sale to Dirksen - Grant of Easement over Block 27, Plan 1741 - Hidden Valley
~
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor Zehr and Members of Council
July 4, 2005
Fiona M. McCrea, Assistant City Solicitor (ext 2266)
Fiona M. McCrea
Ward 3
June 30, 2005
CRPS-05-120
SALE TO DIRKSEN
GRANT OF EASEMENT OVER BLOCK 27, REG. PLAN 1741
HIDDEN VALLEY
RECOMMENDATION:
That upon completion of the conveyance of Block 26, Registered Plan 1741 to the owners of Lot
15, Registered Plan 1741, the City grant an easement to the owner of Lot 15 over the City's
open space lands, described as Block 27 on Registered Plan 1741, for the purposes of ingress
and egress to access Block 26 for maintenance purposes, at the expense of the owner of Lot
15, on terms and conditions satisfactory to the City Solicitor; and
That the Mayor and Clerk be authorized to execute the necessary documentation to grant the
said easement all to the satisfaction of the City Solicitor.
BACKGROUND:
On May 16, 2005, the Development and Technical Services Committee received report DTS 05-
083-PL wherein a release from the requirement of the subdivision agreement that two parcels of
land (Blocks 25 and 26) be held in the same ownership with an easement over the City's open
space for access between the 2 blocks was requested. It is proposed that Block 26 be
conveyed to the owner of Lot 15 for the purposes of having a larger property and the access
easement over Block 27 (between Block 25 and 26) be released. City Council passed a
resolution granting the release from the subdivision agreement on condition the easement over
the City's land be released, on June 13, 2005.
REPORT:
Through inadvertence a request for a new easement over all of the City's open space lands
(Block 27) in favour of the owner of Lot 15 and Block 26 was not requested. Since the
preparation of report DTS 05-083 PL staff have received correspondence advising that the
owner intends to maintain the Block 26 lands as a natural area with a cover such as alfalfa or
wild grass on the fields and some additional tree plantings. This area will require maintenance
and access to Block 26 is not feasible from Lot 15 due to the steep slope. Access for persons
and equipment for maintenance purposes is requested over the City's lands. City Parks
Operations staff have no objection to permitting access for maintenance provided an easement
is in place to specify the nature of the access and provision is made for any damage to the
City's lands.
FINANCIAL IMPLICATIONS:
Any costs associated with the proposed easement are to be paid by the owner of Lot 15.
COMMUNICATIONS:
N/A
CONCLUSION:
Staff recommend an easement over Block 27, Reg. Plan 1741 be granted to the owner of Lot 15
after conveyance of Block 26, for the purposes of access for maintenance.
Fiona M. McCrea
Assistant City Solicitor
c.c. Peter Wetherup
Brandon Sloan