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 ' ,, .-
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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