Purpose:

The Solicitors, McCarthy Tetrault, representing the owner of the property known municipally as 21 Oak Street, requested by letter dated October 21, 1997, that a hydro easement which was registered on November 21, 1972 as Instrument No. 584524 York, be released from title to the property.

Source of Funds:

None required.

Recommendation:

It is recommended that the Mayor and Clerk be authorized to execute on behalf of the City a release to the hydro easement which was registered against a portion of the subject property on November 21, 1972, as Instrument Number 584524 York.

Council Reference/Background/History:

The Hydro Electric Commission for the City of York has advised that the easement was originally needed to protect overhead hydro distribution wires, poles, and anchors when the property was used for the operation of an industrial facility. That facility has since been demolished and all of York Hydro=s plant has been satisfactorily removed and recovered. Accordingly, York Hydro advises that there is no longer a need for the easement and that it may be released.

Comments:

If the hydro easement is not released, it will continue to encumber the property and may deter redevelopment of the site.

Conclusions:

Given that the subject hydro easement is no long required, it should be released from title to the property.

Contact Name and Telephone Number:

George Bartlett

Solicitor

Tel: 394-2531, Fax: 394-2904