HomeMy WebLinkAboutCRPS-09-097 - Surplus Lands & Conveyance of Easement to Region of WaterlooREPORT T0: Committee of the Whole
DATE OF MEETING: June 29, 2009
SUBMITTED BY: Fiona M. McCrea, Assistant City Solicitor
PREPARED BY: Fiona M. McCrea, Assistant City Solicitor, Ext. 2266
WARD(S) INVOLVED: 3
DATE OF REPORT: June 23, 2009
REPORT NO.: CRPS-09-097
SUBJECT: DECLARE SURPLUS TO THE CITY'S NEEDS VACANT
LAND FOR THE PURPOSE OF THE CONVEYANCE OF AN
EASEMENT TO THE REGIONAL MUNICIPALITY OF
WATERLOO
RECOMMENDATION:
"That the City declare surplus to its needs vacant land legally described as Part of
Lot 3, Registrar's Compiled Plan 1521 being Parts 1, 2 and 3 on the attached draft
Reference Plan to permit an easement in favour of The Regional Municipality of
Waterloo for the installation of a sanitary forcemain for the transmission of liquid
sludge, an effluentwaterline and communication cable duct; and further
That Legal Services be directed to complete a Transfer Easement over the said
lands to The Regional Municipality of Waterloo to construct the sanitary
forcemain, effluent water line and communication cable duct, for nominal
consideration with all disbursements to be paid by The Regional Municipality of
Waterloo, on terms and conditions satisfactory to the City Solicitor;
That the Mayor and Clerk be authorized to execute a Memorandum of Agreement,
a Consent to Enter on Land as shown as Parts 7, 8 and 9 on the attached draft
Reference Plan and a Consent to Enter on Land as shown on Parts 1, 2 and 3 on
the attached draft Reference Plan, if required, with The Regional Municipality of
Waterloo, in a form satisfactory to the City Solicitor."
BACKGROUND:
The Regional Municipality of Waterloo has an existing easement over Part of Lot 3, Registrar's
Compiled Plan 1521 being Parts 4, 5 and 6 on the attached draft Reference Plan. The
easement was registered as Instrument Number 1049031 on August 7, 1990 for the
transmission of liquid sludge.
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The Region is planning to install another sanitary forcemain for the transmission of liquid sludge
and an effluent water line this summer from the Manitou Transfer Station (located at 440
Manitou Drive) to Huron Road and accordingly will require a permanent easement over Parts 1,
2 and 3 on the attached draft Reference Plan.
REPORT:
The Region wishes to enter into a Memorandum of Agreement with the City setting out the
terms of the conveyance of the permanent easement for the installation of the sanitary
forcemain, effluent water line and communication cable duct (the "Works").
The Region also wishes to enter into a Consent to Enter on Land with the City over Parts 1, 2
and 3 on the attached draft Reference Plan if the Transfer Easement is approved by Council but
has not been registered on title by July 1, 2009 which is the date the Works are scheduled to
commence.
The term of the Consent to Enter on Land will be from July 1, 2009 (the "Commencement Date")
to the earlier of registration of a permanent easement on title or December 31, 2010 (the "Expiry
Date"). The Works will be completed to the satisfaction of both parties, acting reasonably. On
or before the Expiry Date the Region will have restored the City lands to the standard and
condition of the lands immediately prior to the Commencement Date at the Region's expense.
The Region also wishes to enter into a Consent to Enter on Land with the City to allow the
Region to obtain access on abutting City owned lands described as Part Lot 3, Registrar's
Compiled Plan 1521, being Parts 7, 8 and 9 on the attached draft Reference Plan to install the
Works.
The term of the proposed Consent to Enter on Land will be from July 1, 2009 (the
"Commencement Date") to November 30, 2009 (the "Expiry Date"}. The Works will be
completed to the satisfaction of both parties, acting reasonably. The Works will be completed
at the Region's expense.
FINANCIAL IMPLICATIONS:
The Region will be responsible for all costs associated with the construction of the Works and
the restoration of the City's lands at the end of the term of the Consent to Enter on Land.
COMMUNICATIONS: Engineering and Utilites staff have approved the Region's request for a
permanent easement. Les Jones and Steve Allen have been provided with a copy of this
Report.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor
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