DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engieering
	PREPARED BY:	David Melton, Development Engineer
	DATE OF MEETING:	December 6, 2005
	SUBJECT:	Conveyance of Easement - Regional Watermain Part 1 of Block 162 and Part 2 of Block 163, Plan 65M-3644

RECOMMENDATION:

THAT a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of Easement to the Region of York for the purpose of installing and maintaining a Regional watermain over Town-owned lands legally described as Part 1, Block 162 and Part 2 of Block 163, Plan 65M-3644, in a form satisfactory to the Town Solicitor.

BACKGROUND:

The Regional Municipality of York is currently in the design stage for the construction of a trunk watermain on Major Mackenzie Drive from McCowan Road to Hwy. 404. This watermain, tentatively scheduled for construction in 2006, will be located within the north boulevard at a standard offset of 5 metres from the property line of Major Mackenzie Drive. Staff met with the Region of York to review the alignment of the watermain and to identify the locations of all connections necessary for existing and future development in the vicinity of Major Mackenzie Drive.

At the northeast corner of Major Mackenzie Drive and Woodbine Avenue, the Region of York has determined that the alignment of the proposed watermain is in conflict with existing watermain and utility infrastructure. To avoid the conflicts and/or the need to relocate existing plant or build the watermain under the road pavement at a considerable additional cost, the Region of York has proposed to realign the watermain northward into lands owned by the Town. To accommodate this shift in alignment, the Region had requested that the Town provide an easement over a narrow strip of land described as Part 1, Block 162 and Part 2, Block 163 on Plan 65M-3644(see Attachment A & B).

This requested easement is adjacent to the Major Mackenzie Drive north streetline. It is part of a larger block of land owned by the Town of Markham to accommodate a park and stormwater management (SWM) pond which services the Grand Life Boulevard Plan of Subdivision.

There is a gravel walkway located on the specific portion of land requested for an easement. The walkway provides pedestrian access from Woodbine Avenue and Major Mackenzie Drive to the amenity area around the SWM pond. It also serves as an access road for Town maintenance of the SWM pond.

The Region would be required to provide an interim walkway to safely accommodate pedestrian traffic during construction of the watermain. The walkway would be fully reinstalled after construction satisfactory to the Director of Engineering.

Therefore, in consideration of the above, staff recommend that an easement be granted to the Region of York to accommodate the proposed watermain.

FINANCIAL CONSIDERATIONS:

The Region will be responsible for all costs associated with the conveyance of the easement.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Departments have reviewed the request by the Region of York and will coordinate the transfer of a easement over Part 1, Block 162 and Part 2 of Block 163, Plan 65M-3644. The Parks Department has been consulted and have no objection to the conveyance of the easement subject to restoration of the lands. The Region will ensure that pedestrian movement will not be impeded and that the walkway will be reinstalled satisfactory to the Parks Department.

ATTACHMENTS:

Attachment A -Area map

Attachment B - Registered Plan 65R-26152. (Drawing L-143-45)

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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