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 ...
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