REPORT TO DEVELOPMENT SERVICES COMMITTEE
TO:	Mayor and Members of Council
FROM:	Jim Baird, Commissioner of Development Services Alan Brown, Director of Engineering
PREPARED BY:	Mansoor Ali, Development Engineer – South District
DATE OF MEETING:	2006-Mar-07
SUBJECT:	Conveyance of access easements to serve heritage houses on Blocks 62 and 63, Plan 65M-3837 in the Box Grove Community

RECOMMENDATION:

That the report entitled “Conveyance of access easements to serve heritage houses on Blocks 62 and 63, Plan 65M-3837 in the Box Grove Community” dated March 07, 2006, be received;

And that Council authorize the Mayor and Clerk to execute all documents for the conveyance of access easements over portions of Block 70, Plan 65M-3837, described as Parts 1 and 3 on Plan 65R-28650, to accommodate access to Blocks 62 and 63 heritage houses located at the northwest corner of 14^th Avenue / 9^th Line By-Pass and registered on Plan 65M-3837 for nominal consideration, in a form satisfactory to the Director of Engineering and Town Solicitor;

AND THAT staff be directed to undertake the necessary steps to give effect to this recommendation.

PURPOSE:

The purpose of this report is to seek authorization from Council to grant easements to the Developer over portions of a Town owned servicing block, being Block 70 on Plan 65M-3837, in order to grant access to two Heritage Houses on Blocks 62 and 63, Plan 65M-3837 in the Box Grove North Community (see Figure No. 2).

BACKGROUND:

Council draft approved a subdivision application from Box Grove Hill Developments Inc., Box Grove North Inc. & Box Grove Centre Inc. on the north side of 14^th Avenue on May 25, 2004. This above mentioned approval included Blocks 62 and 63 on Plan 65M-3837 adjacent to 14^th Avenue (see Figures 1 & 2). These blocks were designed to accommodate two heritage houses (John Ramer House and the Mapes House) relocated from future development lands owned by the applicant within the Box Grove area.

The two blocks were intended to have direct access from 14^th Avenue. In fact, site plan approvals granted in early 2005 to accommodate the heritage houses within these blocks show access to the respective sites directly from 14^th Avenue. However, as part of the registration process for the first phase of this subdivision, the applicant conveyed Block 70 to the Town of Markham, located between the two “heritage” blocks and 14^th Avenue right-of-way (see Figure No. 2) to provide sanitary services to the two heritage dwellings. Since Block 70 facing Blocks 62 and 63 has already been conveyed to the Town, access cannot be provided to these blocks without authorization to cross Town owned lands.

OPTIONS/DISCUSSION:

The conveyance of access easements on Parts 1 and 3 on Plan 65R-28650 to the developer over the Town owned Block 70, Plan 65M-3837, to provide legal access to the above noted development blocks is found appropriate. It is recommended that the conveyance of access easements be granted for nominal consideration.

It should be noted that there is a Regional 0.30 m (1 foot) reserve between the Town owned servicing block and the 14^th Avenue right-of-way. The applicant is also working with the Region to have portions of the reserve lifted, where appropriate, to provide the access to 14^th Avenue.

FINANCIAL CONSIDERATIONS:

There is no financial obligation for the Town.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental considerations related to this matter.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services has reviewed and commented on this report.

ATTACHMENTS:

FIGURE No. 1 – Location Map (65M3837_65R28650.dgn)

FIGURE No. 2 - Subject Lands (65M3837_65R28650.dgn)

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

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