REQUEST FOR DECISION
DATE: August 13, 2018 Report No. DEV-18-051
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Encroachment Easement on Park Place for private water main connection to Esquimalt Town Square lands
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RECOMMENDATION:
Recommendation
That Council authorize the Mayor and Chief Administrative Officer to execute the necessary documents to allow an “Encroachment Easement”, attached as Schedule “A” to Staff Report DEV-18-051 including minor legal edits, on Park Place in order to allow the owner(s) of the Town Square site (Lot 1, Section 11, Suburban Lot 40, Esquimalt District, Plan EPP32782) to install, operate, use and maintain a private water main connection on Park Place in order to service the Esquimalt Town Square lands; the Agreement to be executed upon satisfactory arrangements being agreed to for the registration of encroachment agreement(s)/easement(s) for that portion of the stairs and wheelchair ramp at the front entrance of Municipal Hall that encroach onto Lot 1, Section 11, Suburban Lot 40, Esquimalt District, Plan EPP32782.
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RELEVANT POLICY:
Community Charter
Official Community Plan Bylaw, 2018, No. 2922
Subdivision and Development Control Bylaw 1997, No. 2175
Zoning Bylaw, 1992, No. 2050
STRATEGIC RELEVANCE:
The proposed “Encroachment Easement” supports the Strategic Objective to Continue to work with development partners on Esquimalt Town Square project.
BACKGROUND:
In order to facilitate the development of the Esquimalt Town Square project, it is necessary to provide a connection to the City of Victoria’s water distribution system located under Esquimalt Road. An engineering analysis and discussions with the developer has determined that the most cost effective way to service the site with potable water is to install a private water main connection from the City of Victoria’s water distribution main under Esquimalt Road to the site along Park Place. In order to implement this system, it is necessary to register an “Encroachment Easement” (Schedule “A”) on that portion of Park Place under which the private water main connection would be located (Schedule “B”).
The purpose of the proposed “Encroachment Easement” is to allow the owner(s), both present and future, of the Town Square Lands to: “install, operate, use and maintain the water main” that will be located on Park Place. An “Encroachment Easement” is required in order to allow a private entity access to their services that are located under a public road. The proposed “Encroachment Easement” recognizes that from time to time there will need to be disturbances to the road surface - for example, to install or repair the private water main. The proposed “Encroachment Easement” also spells out the strict conditions under which such disturbances can occur and the measures necessary to minimize the impacts of such disturbances.
Since the proposed “Encroachment Easement” represents a disposition of an interest in public road, a Notice of Disposition was published in the August 10, 2018 and August 15, 2018 editions of the Victoria News (Schedule “B”). In addition, the notice was posted on the notice board at the front entrance of the Municipal Hall. In disposing of rights in land, a local government must obtain compensation. In this case the compensation is receipt of encroachment agreement(s)/easement(s) granted to the Township for uses/encroachment(s) over Aragon’s property, including for a portion of the existing wheelchair ramp and stairs at the front entrance of the Municipal Hall located on abutting lands.
The proposed “Encroachment Easement” represents a practical solution to providing potable water to the Esquimalt Town Square site. Except for a period of time when the service is installed and subsequent repairs to the service which are likely to be infrequent, Park Place will remain a fully functional public road. There will be no permanent physical manifestation of the proposed “Encroachment Easement” on the road surface of Park Place except for an asphalt patch. This solution represents a cost effective approach with no significant negative impacts.
ISSUES:
1. Rationale for Selected Option
Through an engineering analysis and discussions with the developer, it has been determined that the a reasonable solution to servicing the Esquimalt Town Square site with potable water is to allow a private water main connection to be built under Park Place which would connect the site to the City of Victoria’s water distribution main located under Esquimalt Road. In order to allow the owner(s) of the Town Square site access to the private water main connection, it is necessary to register an “Encroachment Easement” on Park Place.
2. Organizational Implications
There are no significant organizational implications.
3. Financial Implications
There are no significant financial implications. The developer is responsible for all costs associated with providing water service to the site.
4. Sustainability & Environmental Implications
There are no significant sustainability or environmental implications associated with entering into the proposed “Encroachment Agreement”.
5. Communication & Engagement
Pursuant to Section 26 of the Community Charter, a notice of disposition was published in the August 10, 2018 and August 15, 2018 editions of the Victoria News (Schedule “C”). In addition, a copy of the notice was posted on the public notice board at the front entrance of the Municipal Hall. The notices stated that Council would be considering this matter at its August 20th, 2018 meeting.
ALTERNATIVES:
1) That Council authorize the Mayor and Chief Administrative Officer to execute the necessary documents to allow an “Encroachment Easement”, attached as Schedule “A” to Staff Report DEV-18-051 including minor legal edits, on Park Place in order to allow the owner(s) of the Town Square site (Lot 1, Section 11, Suburban Lot 40, Esquimalt District, Plan EPP32782) to install, operate, use and maintain a private water main connection on Park Place in order to service the Esquimalt Town Square lands; the Agreement to be executed upon satisfactory arrangements being agreed to for the registration of encroachment agreement(s)/easement(s) for that portion of the stairs and wheelchair ramp at the front entrance of Municipal Hall that encroach onto Lot 1, Section 11, Suburban Lot 40, Esquimalt District, Plan EPP32782.
2) That Council not authorize the Mayor and Chief Administrative Officer to execute the necessary documents to allow an “Encroachment Easement” (Schedule “A) on Park Place in order to allow the owner(s) of the Town Square site (Lot 1, Section 11, Suburban Lot 40, Esquimalt District, Plan EPP32782) to install, operate, use and maintain a private water main connection on Park Place in order to service the Esquimalt Town Square lands.