HomeMy WebLinkAboutCRPS-08-146 - Declare Surplus Vacant Lands for Conveyance of Easement to Bell Canada - Eby Estates 30T-05201l
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Corporate Services
REPORT
Report To: Committee of the Whole
Date of Meeting: September 15, 2008
Submitted By: Fiona M. McCrea, Assistant City Solicitor
Prepared By: Fiona M. McCrea, Assistant City Solicitor (Ext. 2266)
Wards} Involved: Ward 4
Date of Report: August 26, 2008
Report No.: CRPS-08-146
Subject: DECLARE SURPLUS TO THE CITY'S NEEDS VACANT
LAND FOR THE PURPOSE OF THE CONVEYANCE OF AN
EASEMENT TO BELL CANADA - EBY ESTATES
SUBDIVISION (30T-05201)
RECOMMENDATION:
That Council enact the following resolution:
"That the City declare surplus to its needs parkland measuring approximately five metres
by five metres within the Eby Estates Subdivision at the northeast corner of
Donnenworth Park, adjacent to Lot 127, Plan 58M-451 to permit an easement in favour
of Bell Canada for telecommunications equipment; and further,
That Legal Services be directed to complete a transfer of easement over the said
lands to Bell Canada to construct an OPI Cabinet to serve the nearby area, at no cost for
the land, on terms and conditions satisfactory to the City Solicitor."
BACKGROUND:
970722 Ontario Inc. is the developer for the Eby Estates Subdivision 30T-05201 and as part of
the development of the subdivision the developer conveyed the lands now known as
Donnenworth Park to the City of Kitchener. As part of the conditions of Draft Plan approval,
Bell's requirements with regard to the services and easements must be satisfied prior to Plan
registration. It has now come to the developer's attention that Bell requires an approximate five
by five metre easement for the placement of electronic switch equipment (54E Cabinet) and OPI
(Outside Plant Interface). This equipment will increase the provision of service for present and
future development within the immediate area. The equipment can be adequately serviced at
the northeast corner of Donnenworth Park.
REPORT:
Bell Canada has asked that the easement be transferred at no cost as the parkland dedication
for this plan of subdivision has met the minimal requirement to be transferred and normally the
easement would have been granted by the Subdivider to Bell Canada prior to the conveyance of
the Park to the City. The land area required by Bell Canada would not reduce the parkland
dedication requirement for the plan. The location of the easement is set out on the attached
sketch. Bell Canada shall provide landscape screening around the equipment to the
satisfaction of the City, at its cost.
FINANCIAL IMPLICATIONS:
Bell Canada will not be required to compensate the City for the easement, but will pay for all
legal, survey and landscaping costs directly related to the easement acquisition.
COMMUNICATIONS:
A copy of this Report has been provided to Peter Wetherup and Brandon Sloan.
CONCLUSION:
Staff recommends that the 25 metre squared land be declared surplus to the City's needs to
permit the conveyance of a permanent easement to Bell Canada. An appraisal is not required
where an easement is being conveyed to a public utility ortelephone company.
Fiona M. McCrea
Assistant City Solicitor
Encl.
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