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...
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