HomeMy WebLinkAboutCRPS-09-075 - Surplus Lands - Eby EstatesREPORT T0: Committee of the Whole
DATE OF MEETING: May 19, 2009
SUBMITTED BY: Fiona M. McCrea, Assistant City Solicitor
PREPARED BY: Fiona M. McCrea, Assistant City Solicitor
WARD(S) INVOLVED: 4
DATE OF REPORT: May 13, 2009
REPORT NO.: CRPS-09-075
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 eight
metres by two and a half metres within the Eby Estates subdivision at the northeast
corner of Donnenwerth Park, adjacent to Lot 127, Plan 58M-451 to permit an easement
in favour of Bell Canada for access to their telecommunications equipment; and further,
That Legal Services be directed to complete a transfer of easement over the said lands
to Bell Canada for access to their OPI Cabinet which serves the nearby area, at no cost
for the land, on terms and conditions satisfactory to the City Solicitor."
BACKGROUND:
On September 15, 2008 Council passed a Resolution declaring parkland measuring
approximately five metres by five metres within the Eby Estates Subdivision at the northeast
corner of Donnenwerth Park, adjacent to Lot 127, Plan 58M-451 surplus to permit an easement
in favour of Bell Canada fortelecommunicationsequipment.
The said Resolution also directed Legal Services 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.
B.5-1
REPORT:
The Reference Plan prepared at Bell Canada's expense which sets out the requested easement
shows an additional area of approximately eight metres by two and half metres directly abutting
Isaiah Drive and the easement previously authorized. Bell Canada has advised that they also
require an easement over this additional area for access to their OPI Cabinet which will be built
on the land previously declared surplus by Council on September 15, 2008. The lands required
for the access easement are outlined as the cross-hatched area on the attached sketch.
Bell Canada has asked that this easement also 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 additional land area required by Bell Canada would not
reduce the parkland dedication requirement for the plan. The location of the easement in its
entirety is set out as Part of Block 140, Plan 58M-451 being Part 1 on Reference Plan 58R-
16500 as attached.
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, Dan Ritz and Brandon Sloan.
CONCLUSION:
Staff recommends that the eight metre by two and a half metre parcel of 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 or
telephone company.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor
B.5-2
i =
~_ ,
~~
y ~+
•N
~~~ 1~
f'
V ~ ~~
~ ~
~ ~
{jl
~ ------
O
C
m
' ~~
~~~
'
`~
V
~ CO
~~ ~ ~
~ ~
~.~.~. ~7~7 ~~7~~1~ I ~ .
LOT 1 ~~
n
.,
~ ~
~ P.I.N. 2~7~7 - 4496(I_~ ~ ~
LoT ~ 127
~ ~
~ REFFREIVCF BfARlNG ~
~ v
~ ~
' ^
~T.
~ ~r
N75'34'M3tiV {RF. see-+~1}
13
Q00 ~ X2.104
4 ~
~ 9
1
. . 4
i~
•~ ~ ~
~.~
~~
H7534'40"1~f Z
BLa~K ~ 1 ~~ z
A ~ o ~ N75'34'#01N1 ~
P
LI~I
~ ~
?.727 ~-
~5D9~l.1~
.
. ~
~~ ~ y ~ ~
~ ~
•-
J
-~_ ~~
Ar ~~~~
~w
~a ~~~~
~~ . ~~
~~_
~~
,~~
J
7
~~ G} (~ ~ O O ~mC
~~~ ~~~ ~~
~~ ~ ~ ~
~~ ~~ ~ ~_
~~ ~ ~y
~, ~ ~ ~ }~}
~ ~ bC
~ ; ~~
~~
_}
r ~ ~i i
`, ~ i
~~~~
0 LLAA
} ~ ~ ~ ~ ~ ~
N ~~ ~~~~~
~, ~~: ~ ~~
m ~ ~ ~ ~~
o -+
~ ~ ~ ~ ~~ ~
,, z ~~ ~ ~
~°~
~- ~ ~ ~ ~
Wg
,~~ r ~ ~
~~
~' 4
~~¢• ~~
s~~. ,~
~Q~~ ~~
~~ ~.
~~
~ ~ ~I C7 ~ UI '~
~ ~ ~ ~...
_ ~ ~..~ ~
~
~ ~
} 1 ~ ~
~ ~ ~ ~G7~ ~
~-~ ~c
~~~~~
~o ~~ ~~
~ ~
~z~o~ ~
~ ~
~
~ ~ ~
- ~ ~' ~ ~ ~
u.
i r
i
~ ~
~
~
Z
~
~
~
~' ~ V ~
~ ~
..~ ~
~ ~ ~
v ~ ~
~'
r
'
~ „
~
B.5-3
~I v SEU.
DCB113.1
'~-" uyA ISAIAH DRIVE
~DCBMH113
~ ~ ~
H=12.529 " _ 5.' 1 1 .887 1 1.QOQ
OO
6Eo 4 , PED i o
.~
P z. ~oo Z.~oo
BELL ED ~`
2.2x0.9x1.2H 5~4E o~ (JWLUJtJC~
o~
~ri~
BELL PED ~-ooo
.7x0,4x1.2H FIBER 5PL CAB.
BELL EASEMENT
LOT 127 LOT 128
DONNENWORTH
PARK
~A~~IH DR~V~
BALL EA~M~NT
Pic ~Nwo~~
~ ~ ~~~ #29
~~Y
Stele ~:25~
~~LL PED~aTAL EA~I~~N~`
IN D~NN~{~IN~RTH PAR~C
EBY ESTATES SUBDIVISION
~~
11IITE
B.5-4