REQUEST FOR DECISION
DATE: June 13, 2016 Report No. EPW-16-019
TO: Laurie Hurst, Chief Administrative Officer
FROM: Jeff Miller, Director of Engineering and Public Works
SUBJECT:
Title
Removal of Esquimalt Village Project Encumbrances Associated with Esquimalt Road
End
RECOMMENDATION:
Recommendation
That Council approve that the three encumbrances associated with Esquimalt Road, as set out in Staff Report EPW-16-019, be discharged and this information is registered with Land Title/property owners.
Body
RELEVANT POLICY:
N/A
STRATEGIC RELEVANCE:
Resilient and Diverse Economy - Continue to actively market opportunities in the Esquimalt Village Project
BACKGROUND:
As part of the Esquimalt Village Project (EVP) process, a review was undertaken to determine if there were any encumbrances on the property. It was determined that there were three such encumbrances. They are located in the vicinity of the intersection of Esquimalt Road and Macaulay Street at 948 Esquimalt Road, 961 Esquimalt Road and 959 Wollaston Road.
These encumbrances were put in place during the construction of Esquimalt Road. Due to the nature of the Land Title process at the time of construction, it was not possible to take these areas out as statutory rights of way which is today’s normal practice. Instead an encumbrance against the EVP site was utilized. With the development of the EVP site, it has become necessary to determine if these encumbrances are required or can be discharged.
ISSUES:
1. Rationale for Selected Option
Engineering has reviewed the three encumbrances. All three were necessary during the construction of the road and its associated retaining wall/road fill areas. The encumbrances as they are written do not provide any benefit to the Township for the maintenance or replacement of the retaining wall or road fill area. If it was necessary to replace the retaining wall or road fill area, this work would be accomplished within the Esquimalt Road right of way. It is staff’s recommendation that these encumbrances be discharged.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are minimal financial implications to the recommended course of action. These can be accommodated within the operational budget and project budget.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications.
5. Communication & Engagement
As part of the discharge process, a request will be made to the Land Title office. Once the discharge process has been completed, the owners of the affected property will be notified of the discharge of the encumbrance.
ALTERNATIVES:
1. That Council approve that the three encumbrances be discharged and this information is registered with Land Title/property owners.
2. That Council does not approve that the three encumbrances be discharged and the Staff proceeds with negotiating with the property owners to put in place right of way agreements.