CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC BYLAW NO. 2-13

Transcription

1 CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC BYLAW NO A Bylaw to Authorize the Execution of an Application to amend the Register and a Release of an Easement entered into between the Town of Strathroy and Joseph and Gladys Paruch, in so far as the same relates to Part Lot 24, Concession 4, SER, Parts 1, 2 and 3, Plan 34R325, in the Municipality of Strathroy-Caradoc, in the County of Middlesex (involving the property municipally known as 449 Metcalfe Street East, Strathroy) WHEREAS an Easement was entered into between the Corporation of the Town of Strathroy and Joseph and Gladys Paruch; AND WHEREAS said Easement was registered in the Land Registry Office for the Land Titles Division of Middlesex West on or about the 23 rd day of October, 1974 as Instrument No. MW63529; AND WHEREAS the Corporation of the Town of Strathroy has since been amalgamated and is now the Corporation of the Municipality of Strathroy- Caradoc; AND WHEREAS The Corporation of the Municipality of Strathroy-Caradoc, as it is now known, has agreed to grant a release of the said Easement as it affects PART LOT 24, CONCESSION 4, SER, in the Land Registry Office for the Land Titles Division of Middlesex West (No. 34), as PARTS 1, 2 AND 3 on PLAN 34R325, in the Town of Strathroy, and for that purpose has agreed to authorize the Mayor and the Clerk to execute an Application to Amend the Register and a Release in the form annexed hereto; NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE MUNICIPALITY OF STRATHROY-CARADOC AS FOLLOWS: 1. THAT: The Corporation of the Municipality of Strathroy-Caradoc declares, for clarification purposes, that the Corporation of the Town of Strathroy and the Corporation of the Municipality of Strathroy-Caradoc are one and the same; 2. THAT: The Corporation of the Municipality of Strathroy-Caradoc hereby releases all of its right, title and interest in PART LOT 24, CONCESSION 4, SER, in the Land Registry Office for the Land Titles Division of Middlesex West (No. 34), as PARTS 1, 2 AND 3 on PLAN 34R325, arising from or created by an Easement entered into between the Corporation of

2 the Town of Strathroy and Joseph and Gladys Paruch, which was registered as Instrument MW63529 in the said Land Registry Office on or about October 23 rd, 1974; and 3. THAT: For the purpose aforesaid, the Mayor and Clerk be, and they are hereby authorized to, execute an application to amend the Register if required, and a Release in the Form annexed hereto. Read a First, Second and Third time and finally passed in Open Council this 7 th day of January Mayor Clerk

3 RELEASE FROM: THE CORPORATION OF THE MUNICIPALITY OF STRATHROY- CARADOC the Town TO: ROCKMAR INVESTMENTS INC. the Owner RE: RELEASE OF EASEMENT REGISTERED AS INSTRUMENT MW63529 The Corporation of the Municipality of Strathroy-Caradoc hereby releases all of its rights, title and interest in PART LOT 24, CONCESSION 4, SER, PARTS 1, 2 AND 3 ON PLAN 34R325, in the Town of Strathroy, County of Middlesex, created by or arising from an Easement entered into between the Corporation of the Town of Strathroy and Joseph and Gladys Paruch, which was registered as Instrument No. MW63529 on or about the 23 rd day of October, DATED at Strathroy-Caradoc, Ontario this 7 th day of January, THE CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC Joanne Vanderheyden, Mayor Angela Toth, Clerk

4 RELEASE FROM: THE CORPORATION OF THE MUNICIPALITY OF STRATHROY- CARADOC the Town TO: SHAWN AND JUDY LALONDE DONALD AND MARGARET EVERS the ``Owner`` RE: RELEASE OF EASEMENT REGISTERED AS INSTRUMENT MW63529 The Corporation of the Municipality of Strathroy-Caradoc hereby releases all of its rights, title and interest in PART LOT 24, CONCESSION 4, SER, PARTS 1, 2 AND 3 ON PLAN 34R325, in the Town of Strathroy, County of Middlesex, created by or arising from an Easement entered into between the Corporation of the Town of Strathroy and Joseph and Gladys Paruch, which was registered as Instrument No. MW63529 on or about the 23 rd day of October, DATED at Strathroy-Caradoc, Ontario this 7 th day of January, THE CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC Joanne Vanderheyden, Mayor Angela Toth, Clerk

5 STAFF REPORT PLANNING DEPARTMENT To Mayor Vanderheyden & Members of Council From Paul Hicks, Planner Date December 19, 2012 Re Request for Release from Easement (Instrument No. MW63529), 449 Metcalfe Street East, Strathroy Recommendation: It is recommended that a by-law be passed authorizing the release of the above-noted easement. Background & Analysis: In April of 2012 the Committee of Adjustment granted consent to create 4 residential building lots located at the above-noted property in Strathroy. Recently as the applicant was undertaking a reference plan for the property it was noted that a 9 m (30 ft) easement runs along the eastern periphery of the property to the Sydenham River. After investigating the easement it was revealed that it was registered as a drainage easement in favour of the Municipality in 1974, however we have no record that it was ever used. Currently drainage from both Metcalfe and York Streets is collected to an outlet to the Sydenham further east of the subject easement. As the easement greatly reduces the buildable area of the lot, and as there is no evidence that the easement was, or is currently being used, the applicant has submitted a request to the Municipality for a release. Staff have reviewed the request and determined that the easement is not required presently nor for any future plans. Conclusion: As such, based on the above it is respectfully recommended that Council authorize a release from the noted easement. Release of Instrument No. MW63529 January 7,