Report to: Development Services Committee Date of Meeting: November 21, 2006

SUBJECT: Town Transfer of Utility Easements to Enbridge Gas and Power Stream, Lindvest Properties (Cornell) Ltd., Phase 2

PREPARED BY: Brian Lee, Manager, Development Engineering ext. 4838

RECOMMENDATION:

That the report entitled “Town Transfer of Utility Easements to Enbridge Gas and Power Stream, Lindvest Properties (Cornell) Ltd., Phase 2”, dated November 21, 2006 be received;

And that a by-law be enacted authorizing the Mayor and Clerk to execute the conveyance of easements to Enbridge Gas and Power Stream in a form satisfactory to the Town Solicitor over parts of Block 263, Plan 65M-3840, designated as Parts 4, 5 and 6, on a reference plan to be registered and Block 258, Plan 65M-3840, designated as Part 13 on the same reference plan to be registered.

And that such easements be subject to the following:

a) A payment of $2,000.00 plus G.S.T. in total for Engineering fees (account # 640-9988862);

b) A payment of $1,000.00 plus G.S.T. for Legal expenses plus disbursements (account #300 300 8899);

c) A payment of $10,000.00 representing the market land value of the easements and as compensation for the installation of underground utility infrastructure by Power Stream over Town owned Block 258 in support of the development of Lindvest Properties Phase 2 plan of subdivision.

And further that the $10,000.00 compensation payment be transferred to the Life Cycle reserve fund (account # 87 2800 200) to fund a future capital project for park improvements on Block 258.

FINANCIAL CONSIDERATIONS:

The proposed easements are on lands that were transferred by Lindvest Properties Ltd. to the Town under their Phase 1 subdivision agreement. It is recommended that the easements over the Hwy 407 landscape Block 263 be conveyed to Enbridge Gas and Power Stream for nominal consideration and the easement over parkland Block 258 be conveyed to Power Stream for a financial payment of $10,000.00. In addition, the applicant will submit a payment to the Town in the amount of $2,000.00 plus G.S.T. for Engineering expenses and $1,000.00 plus G.S.T for Legal expenses plus disbursements (estimates provided by Engineering and Legal for expenditures related to the processing of this easement application). The above costs will be paid by Lindvest Properties Ltd under their Phase 2 subdivision agreement. Staff recommend that the $10,000.00 compensation payment be used to fund future park improvements on Block 258, calculated based on estimated land value of the easements.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to seek authorization from Council to grant easements to Enbridge Gas and Power Stream for the placement and maintenance of underground utility cables and pipes on Town owned blocks, which were conveyed as parkland and Hwy 407 landscape blocks, by Lindvest Properties under their Phase 1 plan of subdivision (see Attachment “A”).

BACKGROUND:

On September 27, 2006, Lindvest Properties requested (see attachment “C”) the conveyance of easements to Enbridge Gas and Power Stream over Parts of Blocks 258 and 263, Plan 65M-3840, designated as Parts 4, 5, 6 and 13 on a reference plan to be registered (see Attachment “B”) to service the development of their Phase 2.

As part of the registration of Lindvest Properties Phase 1 subdivision, dated July 25, 2005, the applicant conveyed Blocks 258 and 263 to the Town as parkland and Hwy 407 landscape buffer blocks respectively.

OPTIONS/ DISCUSSION:

Traditionally, roadway allowances are designed to accommodate aboveground and underground utility plants required to service development. In the case of Lindvest Properties Phase 2, the lots adjacent to the two pond blocks (see Attachment “A”) are oriented in such a way that these lots have frontage facing Pond A and Pond B and the respective rear yards back onto laneways. In order to provide these lots with gas service connections and street illumination for the public bike route facing these lots, utility easements need to be granted to the Enbridge Gas and Power Stream over Parts 5, 6 and 13 for the purpose of installing and maintaining utility infrastructure to support the development of Lindvest Properties Phase 2.

In addition, Enbridge Gas requires a major gas main feed to be installed within the 9^th Line right-of-way to link communities north and south of Highway 407. The 9^th Line road overpass at Highway 407 requires the gas main to be installed outside the Regional right-of-way, within Part 4.

These easements are required and it is recommended that the conveyance of these easements be granted to the respective utility agencies for nominal consideration for Parts 4, 5 and 6 on Block 263, Plan 65M-3840, which are over the Hwy 407 landscape buffer block. Since the Hwy 407 landscape buffer block was not originally transferred to the Town for park or recreational purposes, staff do not recommend the Town assess any compensation to encumber this block. A payment of $10,000.00 for Part 13 on Block 258, Plan 65M-3840, is however required to compensate for encumbering park lands currently owned by the Town. Staff recommend that the $10,000.00 compensation payment be used to fund future park improvements on Block 258 and that the amount be transferred to the Life Cycle reserve fund for this future capital project.

In addition, Engineering fees plus G.S.T. and Legal expenses plus disbursements are to be paid by the applicant of this development to process the transfer of easements.

FINANCIAL TEMPLATE:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Urban Design, Legal and Finance Departments have been consulted in the preparation of this report.

RECOMMENDED BY:

________________________ ________________________

Alan Brown, C.E.T. Jim Baird, M.C.I.P., R.P.P.

Director of Engineering Commissioner of Development Services

ATTACHMENTS:

Attachment “A” – Location Map

Attachment “B” – Extract from Reference Plan

Attachment “C” – Request Letter from Applicant

Q:\Development\Engineering\REPORTS\2006\November\Town Transfer of Utility Easements to Enbridge Gas and Power Stream.doc