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HomeMy WebLinkAboutPD 21-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 21-05 Date: May 11,2005 From: Neil Carroll Director, Planning & Development Subject: Release and Abandonment of Easements Those parts of Lot 26, Range 3, B.F.C., being Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259 and those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 31,40, 41,47, 48, 71 and 76, Plan 40R-11259 Storm Drainage Purposes Registered as Instrument D314520 Those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 36, 37, 38, 39, 40, 41,42, 43 and 44, Plan 40R-11259 Transit Purposes Registered as Instrument D314521 File: RE0504 Recommendation: A by-law should be enacted to authorize the preparation, execution and registration of the Release and Abandonment of two Easements in favour of the City, over: (a) those parts of Lot 26, Range 3, B.F.C., being Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259 and those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 31, 40, 41, 47, 48, 71 and 76, Plan 40R-11259, which easement was granted for storm drainage purposes and is registered as Instrument D314520; and (b) those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 36, 37, 38, 39, 40, 41, 42, 43 and 44, Plan 40R-11259, which easement was granted for transit purposes and is registered as Instrument D314521. Executive Summary: The City has received an application for the development of two car dealerships on lands lying between Merritton Road and Fairport Road (Formula Ford and Volvo of Durham). Conditions of that development include the Owner entering into a Site Plan Agreement for on-site works and a Development Agreement to address off-site works, more particularly, the upgrading of portions of Merritton Road and Fairport Road to municipal standards. A search of title on the property has revealed two registered easements in favour of the City, which easements are no longer required by the City and should be released from title. Report PD 21-05 Subject: Release and Abandonment of Easements Date: May 11,2005 Page 2 Financial Implications: Release and Abandonment Preparation and Registration Fees Owner's Cost Background: In 1985, the City enacted By-law 2041/85 authorizing the conveyance of the portion of Sheppard Avenue lying between Merritton Road and Fairport Road to Tonalist Holdings, subject to the City retaining easements for storm drainage and transit purposes. The road was subsequently stopped-up and closed and the conveyance was effected. The City has now received an application for the development of two car dealerships (Formula Ford and Volvo of Durham) on lands lying between Merritton Road and Fairport Road (identified as the subject property on the attached mapping). Conditions of that development include the Owner entering into a Site Plan Agreement for on-site works and a Development Agreement to address off-site works, more particularly, the upgrading of portions of Merritton Road and Fairport Road to municipal standards. The recently submitted application for the development of the subject property has determined that the existing storm drainage easement is no longer needed as the Owner will be required, as a condition of this development, to redirect the storm drainage pipes to a location better suited to serve the two car dealerships. Once those pipes have been relocated, the City will obtain a new Transfer over the lands subject of the new easement location. Accordingly, the existing easement should be released. Further, the transit easement is also no longer required. This easement was taken to preserve access for transit purposes along the stopped-up and closed portion of Sheppard Avenue. Since that time, the lands subject of this easement have never been used for transit purposes, nor will they ever be, as the bus route has clearly been established along Kingston Road. Accordingly, it is appropriate to release this easement from title. Council should note that consensus has been received from internal staff that these easements are no longer required and should be released from title. It is therefore recommended that a by-law be enacted to authorize the preparation, execution and registration of the Release and Abandonment of these two easements, in favour of the City, over: (a) those parts of Lot 26, Range 3, B.F.C., being Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259 and those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 31, 40, 41, 47, 48, 71 and 76, Plan 40R-11259, which easement was granted for storm drainage purposes and is registered as Instrument D314520; and Report PD 21-05 Subject: Release and Abandonment of Easements Date: May11,2005 Page 3 (b) those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 36, 37, 38, 39, 40, 41, 42, 43 and 44, Plan 40R-11259, which easement was granted for transit purposes and is registered as Instrument D314521. Attachments: 1. Location Map 2. By-law Prepared By: Denise Bye, Coordinator, Property & Development Services Approved / Endorsed By: Neii Car~, RPP Director, Planning & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ' ,, .- '~' '~ -- ~ ~' 7 ~ ~ '¢hoFf~s-'~'.~Q-uin ¢,~hief A¢(-ninistrativ~, ~ACHUEN'~ ~ I TO 0 EEl 05 .... 13_ C.N.R. SH[PPARDAVENU[ ~h r ~%R~I 'l' ' EASEMENT ROAD KINGSTON Gitg of ~ickorin~ ~lannin~ & Dovolopmont Do0a~mont PROPER~ DESCRIPTION B.F.C. RANGE 3, PT LOT 26 AND PT RD ALLOW CON I & B.F.C 3 RP 40R-11259, PART 1 - 57, 60, 61, 69 - 78 OWNER FAMPA HOLDINGS LTD. DATE MAY 11, 2005 DRAWN BY JB FILE No. RELEASE AND ABANDONMENT OF EASEMENTS SCALE 1:2500 CHECKED BY DB PN-7 THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. Being a by-law to authorize the preparation, execution and registration of the Release & Abandonment of two easements registered as D314520 and D314521 as they are no longer required for municipal purposes. WHEREAS, the City of Pickering has an easement for storm drainage purposes over those parts of Lot 26, Range 3, B.F.C., being Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259 and those parts of the road allowance between ConCession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 31, 40, 41, 47, 48, 71 and 76, Plan 40R-11259, which easement is no longer required; and WHEREAS, the City of Pickering has an easement for transit purposes over those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 36, 37, 38, 39, 40, 41, 42, 43 and 44, Plan 40R-11259, which easement is no longer required; and WHEREAS, pursuant to the Municipal Act, the council of a municipal corporation may pass by-laws to dispose of land or interests in land when no longer required; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Director, Planning & Development and the Solicitor for the City to prepare, execute and register the necessary Release and Abandonment to release the Transfer of Easements registered as D314520 and D314521, from title. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, Clerk