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CRPS-10-006 - Surplus Lands - Conveyance of Easements
1 C©rp©rate Services REPORT TO: Committee of the Whole DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: January 18, 2010 Lesley MacDonald, City Solicitor Lesley MacDonald, City Solicitor (Ext. 2267) 3 January 7, 2010 C R PS-10-006 SUBJECT: DECLARE SURPLUS TO THE CITY'S NEEDS VACANT LAND FOR THE PURPOSE OF THE CONVEYANCE OF EASEMENTS TO THE REGIONAL MUNICIPALITY OF WATERLOO OVER PARTS 1 TO 4, 58R-16605 AND PART 1, 58R-16633 RECOMMENDATION: "That the City declare surplus to its needs vacant land legally described as Part of Biehn's Unnumbered Tract being Parts 1, 2, 3 and 4 on Reference Plan 58R-16605 to permit an easement in favour of The Regional Municipality of Waterloo for an existing sanitary forcemain; and further That the City declare surplus to its needs vacant land legally described as Part of Biehn's Unnumbered Tract being Part 1 on Reference Plan 58R-16633 to permit an easement in favour of The Regional Municipality of Waterloo for the construction of a sanitary forcemain, effluent water line and communication cable duct for the transmission of liquid sludge; and further That Legal Services be directed to complete a Transfer Easement over the said lands to The Regional Municipality of Waterloo for the existing sanitary forcemain and 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 to convey a permanent easement over Parts 1, 2, 3 and 4, 58R-16605 and Part 1 on 58R-16633 with The Regional Municipality of Waterloo, in a form satisfactory to the City Solicitor." 2-1 BACKGROUND: The Regional Municipality of Waterloo recently requested and obtained an easement over the City's lands legally described as Part Lot 3, Registar's Compiled Plan 1521 being Parts 1, 2 and 3 on Reference Plan 58R-16567 for the construction of a sanitary forcemain, effluent water line and communication cable duct (the "Works") for the transmission of liquid sludge from the Manitou Transfer Station. The said Transfer Easement was registered as Instrument Number WR478047 on July 27, 2009. The Regional Municipality is now requesting further easements with respect to the construction of the Works over City lands described as Part of Biehn's Unnumbered Tract being Part 1 on Reference Plan 58R-16633. The Regional Municipality of Waterloo has an existing sanitary forcemain that was installed in the early 1990's over City lands described as Part of Biehn's Unnumbered Tract being Parts 1, 2, 3 and 4 on Reference Plan 58R-16605 but records indicate that an easement was never registered. Accordingly, the Region is requesting that a permanent easement also be registered over the said Parts 1, 2, 3 and 4, 58R-16605. Copies of Reference Plans 58R-16605 and 58R-16633 are attached to this Report together with a copy of an aerial map from the Region of Waterloo showing the approximate easement area. REPORT: The Region wishes to enter into a Memorandum of Agreement with the City setting out the terms of the conveyance of the permanent easements for the existing sanitary forcemain and the construction of the Works. FINANCIAL IMPLICATIONS: The Region will be responsible for all costs associated with the construction of the Works and the costs incurred with respect to the conveyance of the easements to the Region. COMMUNICATIONS: Engineering and Utilities staff have approved the Region's request for the permanent easements. 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 2- 2 1 i~ a n ti ~~. µ~y,. z~zESS ~ ~ b ~ Ry i 5 q~ T ~ E R b ~ a' ~ 2 i Z < ~. j A h ~ az ,R ~~ ;~t &3~ts~~~~+~ ~~~ Q d'~Q~L~~ ~ ra ~ g E _ o ; i a 2 • ~ ~ d EE 994 p p E ~ s ~'~ a ~ x t 8 s ~ a eE a§ E 1 8 m S e h ! ~ ~3 yP "F y ~ o ti ~ a ~ F ~: ~~ n a e ~ .. 2-.3" ..I1: 1~ ~.'~ y W ~,s ~~ 4 / ' /_ a / /' . 'y. , / . ~i~ ~ i.is /./ /' ~~/ i r`~ s SV e 2 Z S I i ' ' r,. n 1 f\t ..1 '~ ~,r• ;tr r 1 ~iy~7 ~ , 41~3' ~~ ~ ....,.j ~F ~E ~ ~ r `~~ e ' ~ ~ i ~ r3 ~ ~Ai ~E a ~ ~ ~, ~ ~ ~ S ~ _ ~ ~ ~ ~ ' i ~ { [ l' 1o1k>[~ EE lF ~t"111If1 I`l`~i ~ ` e ~ A ` j 9 ' ir • 8 , y j~.7~ i e~ rr } 3~ ~ 4 E , S ~I ~[ I ~is~~ ~~ 9I1 f `, h' r ~~ ~ }~ ~ ~ 1 ' Iti F~~l~ ~~.~1~ ,. t ~ ~ ~ 2 -. 4 ~ w ~ Q U a ~ M a ~~ Q ~ NCO U N Z J Z~ c OQ ~~ ° D z N N w ~ ~. Qz w ~~~~ O ~ w ~~~ v~ U' W ~ ~ m U C~ O) V (6 C a' ~ ~ YZ~~n ~ Z ~ U J ~ N Q N O O D ~ a~ p ai ~? o •q l_ ~ ~ ~ ~ C 0 ~ ~ L 4/ Z- ~ ~~ Q ~ i Q 3 ~ ~ ~ ~ a~ ~°-.. (6 Qua ~ w ~ ~YHIi ~ 2 J