FINANCE AND ADMINISTRATIVE COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Catherine M. Conrad, Town Solicitor
	PREPARED BY:	same as above
	DATE OF MEETING:	June 28, 2004
	SUBJECT:	Partial Release and Abandonment of Watermain Easement - Blocks 66 and 67, Plan 65M-3613, Markham Legal File No.: 01 0719 PW 0203

RECOMMENDATION:

That a by-law be enacted authorizing the Mayor and Clerk to execute the necessary partial release and abandonment of the watermain easement registered on title to entire townhouse blocks being Blocks 66 and 67, Plan 65M-3613, in a form satisfactory to the Town Solicitor.

PURPOSE:

To obtain authority to partially release and abandon a watermain easement registered on more land than necessary.

BACKGROUND:

On October 24, 2002, a plan of subdivision was registered for Plan 65M-3613. A condition of draft plan approval was the conveyance to the Town of a watermain easement through Blocks 66 and 67, Plan 65M-3613. This easement was registered October 29, 2002 as Instrument No. YR223262 and encumbers all of Blocks 66 and 67 which are townhouse blocks. At the time of registration, the subdivider was aware that this easement was encumbering more land than was necessary but did not want to have the required reference plan prepared at that time to show the actual location of this easement.

OPTIONS/DISCUSSION:

A new reference plan has recently been deposited on title to Blocks 66 and 67 as Plan 65R-27093 and shows the actual location of the Town's watermain easement. A reduced copy of this plan is attached hereto. It is now necessary to provide the current owner with a partial release and abandonment of the watermain easement which would release the easement from the bulk of these townhouse blocks and leave it on Parts 1 and 2 of the new reference plan.

FINANCIAL CONSIDERATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None.

ACCESSIBILITY CONSIDERATIONS:

None.

ENGAGE 21ST CONSIDERATIONS:

None.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Town Engineering Department has approved and agreed to this request.

ATTACHMENTS:

Reduced copy of Plan 65R-27093 showing the permanent location of the watermain easement.

Catherine M. Conrad, Town Solicitor

Q:\Exec Office\Legal\REPORTS\Reports 2004\dovcom rel and abandon 65M-3613.doc