Staff Report: Easement for Electrical Grounding Wire at 2783 Strathmore Road

Background

In 2015, Paradise Homes rezoned this property to the MU1A zone to allow for the construction of a multi-family building. The property is legally described as PID 000-851-728, Lot 25, Section 5, Esquimalt District, Plan 16167. The owner has recently applied for a Building Permit and during the design stages of the Building it was determined by BC Hydro that due to soil conditions that a grounding cable is required around the entire perimeter of the Building and the BC Hydro Transformer in front of the property. Subsequently, a small portion of this grounding cable that goes around the perimeter of the BC Hydro Transformer encroaches into the dedicated road right of way by approximately 40cm; as such the developer has requested that the City allow the cable to occupy the road right of way by way of an easement.

Commentary

This permanent encroachment which is required for the lifetime of the building, was unforeseen until the detailed BC Hydro design was complete.

Council may wish to include a sunset clause in the easement that it shall only endure for the lifetime of the building.

Financial Implications

All costs associated with this easement will be paid for by the developer.

Legal Implications

With the granting of an easement the City would retain ownership of the land and will have the rights to use the land under and above the encroachment without any legal restrictions. The cable that encroaches would be enabled via an easement that considers the height, width, and depth of the encroachment (volumetric easement).

Options

That Council:

1. Endorse granting the easement to the developer of 2783 Strathmore Road, PID 000-851-728, Lot 25, Section 5, Esquimalt District, Plan 16167; for the volumetric area of encroachment of the electrical grounding cable as shown on the draft easement plan attached; and direct staff to include a sunset clause in the easement that it shall only endure for the lifetime of the Building.

OR

2. Take no action at this time with respect to the easement request for 2783 Strathmore Road, PID 000-851-728, Lot 25, Section 5, Esquimalt District, Plan 16167.

Respectfully submitted

Submitted by:
Daryl Minifie, AScT, Senior Land Development Technologist

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Jerry Worobec, Chief Building Inspector

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

:DM

Location Plan

Draft Plan of Easement