January 19th, 1976

would appear that an easement does, in fact, exist and the City Clerk
clarified that it was not a Registered Easement and due to the fact that
the Title is in the name of the Crown, the easement could not be registered
at this time. Discussion ensued with various suggestions for closure of
that portion of the roadway and subsequent lease arrangements that could

be made so that the land could eventually revert back to roadway.

Moved by Alderman Laking:

Seconded by Alderman Traboulay:

That the City apply for cancellation of that portion of Central
Avenue necessary to eliminate the encroachment existing at 2245 Shaughnessy
Street and that it be placed in the name of the City, and that lease
arrangements be made with all survey and legal costs to be paid by the
applicant, Denny Investments Ltd.
Carried.

Alderman Ranger voted against the resolution.

The City Clerk advised that Mr. G. Battiston, representing Donaghy

.(rep. Donaghy Devel.
‘, Ltd. re off- Development Ltd. was present and wished to address the Council with

‘site servicing
iKingsway & respect to the off-site servicing charges of a development he is undertaking

at Kingsway and Tyner Street. Mr. Battiston then addressed the Council

and suggested that while he had agreed to estimated off-site servicing

costs of $10,000.00+, he had since been advised that the amount required
was $25,670.00 and he was objecting to thts on the grounds that it
included some $9,800.00 for work on Kingsway which, in his opinion, were
not his responsibility as the warehouse was to have its access on Tyner
Street. The City Engineer pointed out that the $9,800.00 figure included
works on Tyner ag well as Kingeway and the Kingsway portion would amount
to approximately $3,600.00. Alderman Ranger noted that, as he had
outlined at the Inaugural Ceremonies, it has been the policy of Council
over the last few years to have Developers provide off-site servicing
for their developments. In this particular instance, the Developer has
property on a corner which means beth the frontage and sideyard have
public access and if the Developer does not pay, the taxpayer will have
to pay, while it is the Developer who benefits. As clarification, the
City Engineer advised that at the time the $10,000.00 figure may have
been mentioned only preliminary discussions had taken place with Mr.
Battiston and it was the opinion of the City Engineer that the Developer
was not willing to do much off-site work and the Developer was advised

that the City Engineer would study the development further and advise