March 13, 1998

To: Corporate Services Committee

From: H.W.O. Doyle

City Solicitor

Subject: Release/Quit Claim of Easement and Notice of Claim

26 and 28 Farrington Drive

Block "A", Plan 4457 North York

Ward: North York Centre South

Purpose:

To release the City=s easement interest from all of Block "A", Plan 4457 North York.

Sources of Funds:

Not applicable.

Recommendations:

It is recommended that:

1) the easement (Instrument No. NY257596) and notice of claim (Instrument No. TB995075) be released from all of Block "A", Plan 4457 North York; and

2) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The Legal Department (North York) received a letter dated September 29, 1997 from Coutts, Crane, Ingram, solicitors representing the owners of 26 Farrington Drive, North York. This letter requested confirmation of the City=s easement claim on their clients= property.

The City acquired a sewer and water services easement over all of Block "A", Plan 4457 by Instrument No. NY257596 registered on June 7, 1957. A notice of claim was subsequently registered by the City as Instrument No. TB995075 on November 28, 1996.

Comments and/or Discussion and/or Justification:

The Public Works Department (North York) advises that an investigation of the subject easement reveals that there are no municipal services at this location and that, therefore, it has no reason to maintain the easement.

Conclusions:

In consideration of the Public Works Department=s advice, it would be prudent to release the City=s easement interest over Block "A", Plan 4457 North York.

Contact Name:

George M. Dixon Lorie Weatherson

City Solicitor, North York Law Clerk

Telephone: 395-7055 Telephone: 395-7068

Facsimile: 395-7056 Facsimile: 395-7056

George@city.north-york.on.ca Lorie@city.north-york.on.ca

H. W. O. Doyle

City Solicitor

Legal Services