REQUEST FOR DECISION
DATE: November 27, 2018 Report No. ADM-18-032
TO: Laurie Hurst, Chief Administrative Officer
FROM: Anja Nurvo, Director of Corporate Services
SUBJECT:
Title
Transfer of Lots 18 and 19, Yarrow PlaceEnd
RECOMMENDATION:
Recommendation
That Council approve of the transfer of Lots 18 and 19, Section 2, Esquimalt District, Plan 45523, and authorize the Mayor and Corporate Officer to execute the Transfer Agreement attached to Staff Report ADM-18-032 and any other documents required to effect the transfer of the Lots from Progressive Construction Ltd. to the Township of Esquimalt.
Body
RELEVANT POLICY:
Local Government Act
STRATEGIC RELEVANCE:
This Request for Decision does not relate directly to any specific Council Priority.
BACKGROUND:
The original parent parcel of land was subdivided in 1987 by the owner, Progressive Construction Ltd. (“Progressive”). As a condition of subdivision, in accordance with legislated requirements, the owner was obligated to transfer Lots 18 and 19 to the Township for parkland dedication (shown highlighted on attached map). However, for some reason that is not clear from the file, when the Land Title Office registered the subdivision plan, these lands were not recorded as being subdivided from the original parcel and the lands were never transferred to the Township at the time of subdivision.
It appears that the Land Title Office discovered the mistake decades later and the two additional lots were then created. However, the Land Registrar recorded the title of the two lots into the name of the current owner, which is still Progressive. This discrepancy has recently come to the attention of Progressive and the Township. Accordingly, the lands should be transferred to the Township in order to correct the title and complete the obligations of Progressive imposed as a condition of subdivision.
Progressive is prepared to complete the transaction, subject to the conditions set out in the attached Transfer Agreement, which has already been signed by them. In exchange for providing the required documentation to complete the transfer, Progressive is requesting: (1) the reimbursement of taxes paid on the property, totaling $256.88, and (2) an indemnity from the Township in the event of a claim from any adjoining land owner. Progressive has advised that, since some adjoining owners have requested that the lands be conveyed to them, they are concerned about a possible claim by any of them against the lands or against Progressive resulting from the transfer to the Township. Staff is confident that any such claim is unlikely to be successful.
ISSUES:
1. Rationale for Selected Option
The transfer of Lots 18 and 19 on Yarrow Place was a condition of subdivision that was intended to be completed in 1987 at the time the plan of subdivision was registered. The owner is willing to complete the transaction at time, subject to the terms of the attached Transfer Agreement.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are minimal financial implications. Costs to the Township include reimbursement of property taxes of $256.88, costs of registration of approximately $150.00, and legal fees incurred including for drafting the Transfer Agreement. Staff conducted a surface inspection of the properties and do not have any concerns with completing the acquisition of the property.
4. Sustainability & Environmental Implications
The acquisition of parkland dedication along the Gorge Waterway, for all redevelopments involving rezoning or subdivision, has been in the Township’s Official Community Plan for decades, and continues to be a Policy in the newly adopted OCP as a long-term strategy.
5. Communication & Engagement
If the transaction is approved by Council, staff will provide a letter to owners and tenants of lands abutting Lots 18 and 19 to advise them of the land transfer, the reasons for the transfer, and its implications on them.
ALTERNATIVES:
1. That Council approve of the transfer of Lots 18 and 19, Section 2, Esquimalt District, Plan 45523, and authorize the Mayor and Corporate Officer to execute the Transfer Agreement attached to Staff Report ADM-18-032 and any other documents required to effect the transfer of the Lots from Progressive to the Township of Esquimalt.
2. That Council direct amendments to the Transfer Agreement and authorize the completion of the transfer of Lots 18 and 19 as amended.
3. That Council not approve of the transfer of Lots 18 and 19 to the Township.