HomeMy WebLinkAboutCRPS-08-188-2 - Release of Easements - Sydney Street, Courtland Av E & Mill StReport To: Committee of the Whole
Date of Meeting: December 8, 2008
Submitted By: Lesley MacDonald,
Director of Legal Services and City Solicitor Ext. # 2267)
Prepared By: Lesley MacDonald,
Director of Legal Services and City Solicitor
Ward(s~ Involved: Ward 6: West -Victoria Park - Christina M Weylie
Date of Report: December 4, 2008
Report No.: CRPS - 08-188
Subject: Release of Easement Registered as Instrument #A-30950 and
a Notice of Claim registered as Instrument #1444329, From
299 Sydney Street, 541, 547 and 553 Courtland Avenue East,
and 530 Mill Street, Kitchener, collectively being Part of Lots
23 and 25, of J.Y. Shantz' Survey, now known as Part Lots 1
and 2, Plan 692, Lots 351 and 352, Plan 262, Part Lot 23, and
Part Park Lot 25, Plan 404 Kitchener
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. A30950 and a
Notice of Claim registered as Instrument No. 1444329 as it affects Part of Lots 23 and 25, of
J.Y. Shantz' Survey, now known as Part Lots 1 and 2, Plan 692, Lots 351 and 352, Plan 262,
Part Lot 23, and Part Park Lot 25, Plan 404, municipally known as 299 Sydney Street, 541, 547,
553 Courtland Avenue E., and 530 Mill Street, Kitchener, and further,
That the Mayor and Clerk be authorized to execute any and all documentation required to
facilitate the registration of the said release satisfactory to the City Solicitor."
EXECUTIVE SUMMARY:
N/A
BACKGROUND:
A Notice of Claim was registered as Instrument No. 1444329 for the purposes of renewing the
easement rights set out in an Easement for a sanitary trunk sewer registered as Instrument No.
A-30950.
2
REPORT:
I am in receipt of a request to release the easement rights granted by Instrument No. 1444329
as it pertains to the property located at 299 Sydney Street.
Staff from Engineering Services have confirmed that these pipes are no longer in use as they
have been removed from service for several years, the pipes have been plugged at the
disconnected open ends and filled with concrete. The properties are serviced from the mains
that have been relocated through the existing streets. Accordingly, it would be appropriate to
release the easement rights in favour of the City of Kitchener at this time from all the properties,
more particularly, the properties located at 299 Sydney Street, 541, 547, 553 Courtland Avenue
E., and 530 Mill Street, Kitchener.
FINANCIAL IMPLICATIONS:
There will be a nominal registration charge (currently in the amount of $70.70) to register the
release on title to each property. Currently, we have only been contacted by the owner of 299
Sydney Street.
COMMUNICATIONS:
N/A
CONCLUSION:
It is requested that the above resolution be approved by Council to facilitate the release of the
Easement registered as Instrument # 1444329 as it pertains to the properties located at 299
Sydney Street, 541, 547, 553 Courtland Avenue E., and 530 Mill Street, Kitchener. This will
allow Legal Services to register the Release and Abandonment for each property as the
requests are received, rather than brining this same matter back to council each time.
All of which is respectfully submitted.
Lesley MacDonald,
Director of Legal Services and City Solicitor
/tr
c.c. Grant Murphy, Director Engineering Services