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Home My WebLink AboutL 28/00_ :"•.;�.''�C i'r. .- _.`-.� •. ! _� � GC�I:��INI�('- REPORT TO COUNCIL FROM: ]ohn Rebie DATE: Septemfxr 27. 2000 Solicitor for the Ciry REPORT NUME3GR: L28-00 SUBJECT; Kuffcr, Mnrtin and Lisa Belgiorgio. John and Martina - Diock 53, Plun 40M-1866 "Futurc Waikwny" - Licence Agrecmcnt - file: L0004 RECOMMENDATION: 'I'hat Council enact a by-luw authorizing the cxecution of a l.icence Agrcement to permit the Owners of Lots 13 nnJ 14, Plan 40M-1866 to encroach upon Diock 53, Plan 40M-1866, for thc purposes oC (u) crccting a fcncc nlong ihc ccntrclinc of ihc [31ock; anJ (b) tcmporarily utilizing it for residcnliul purposcs in conjunction with their rcspcctivc lots, All until such timc us thc City requircs thc Block for w•ulkwuy purposcs. ORIGIN: Rcqucst fram thc O��ncrs of I.ots 13 and 14. Plan 40M-I RG6. AUTFIORITY: Municipal Act, R.S.O. 1990, chaptcr M.45, scction 191. fINANCIAL IMPUCATIONS: Nil EXECUTIVE SUMMARY: N/A IIACKGROUND: On Fcbruary 14, 1997, thc Town entcrcd into u Subdivision Agrccmcnt with GartMvood Flomcs Limitcd and Thomns Feeley Construction Limited which provided for the dcvclopmcnt of the lunds now sct out on Plar� 40M-1866. One of the conditions of that Sulxiivision Agrcemcnt was that tne Owner convcy to thc To��n n walkway block which, when devclopcd, would proviJe the first point of ncccss from thc subdivision devclopment to Toyncvalc Road. Whilc staff acknowledgcd Ihot thc walkway would not bc constructcd immcdiatcly, as th� Montcssori School lics dirccQy bctwccn the subdivision devclopmcnt und Toync��nlc RoaJ prohibits dircct ncccss to Toyncvulc lioad at lhis timc, thc convcynncc of thc lands into City ownership wus nccessnry for futurc considcrution should thcrc bc o rcdcvclopmcnt of thc Montcssori lands and thc cxtcnsion of thc walkwny could bc providcd for at that limc. � Report to Council L28-00 Date: Sepkmber 27, 2000 1 �. 5 Subject: Kaefer, Mariin and Lisn Belgiotgio, ,lohn and Martine Page 2 Mariin and Lisa Kaefec and lohn and M,vrtina IIelgiorgio ere the owners of the lots that lic on either side of Block 53. Both pnriies laave exprcssed o concem tospecting the continuing maintenance of Block 53 in light of the fuct that the walkwuy may not br. installed for some time. Both parties have rcquested pertnission to utiliu Dlcek 53 by erceling a fence down thc centreline of the Block and incotpomUng cach half into each of thc�r respecting lots for residcntiel purposcs until such dme ns the Ciry requires the lunds for walkway purposcs. The Director of Planning and Development and thc Director of Operations and Emergency Services have detertnined that this would provide an interim solution to both the City's and the adjacent Owner's concems and agm to nllow the request on the candition lhat the Knfers and Beigiorgios enter into a Licence Agreement satisfactory to the Solicitor for the City which provides for nppropriute insurnnce and maintenance of the Block. Ennctment of the drnft by-Inw will authoriu the execution of n Licencc Agrcement Uetween the Kuters ond Belgiorgios and the City. ATTACHMENTS: 1. DraR by-law. 2. Site Sketct✓Locnlion ldnpping. Preparcd By: __?' � ' %�� Denise Dye Approvcd / G By: John cble � DB:Ic Attachmcnts Copy: Chief Adminisuativc Officer Dircctor, Planning and Dcvclopment Director, Operations and Emergency Services Recommended for the consideration of Pickering Ciry Council � �� ' �f � 2o�a omas ]. Q inn, Chief ' istrntiv Officer . � I � ATTACHMENTN_). � , , Lag.pp THE CORPURATION OF THE CITY OF PICKERINO 116 IIY•LAW NO, Ueing a by-!aw fo au�horJze the execuNon of a L(cence Agreemen� belween Marlin aral Llsa Kaejer and John and Marlina Belgiorgto. WHGREAS the City is the owner in fee simple of I31ock 53, Plan 40M-1866, Pickcring, which filock was conveyed to the City for futurc walkway purposes; and WHEREAS Marlin nnd Lisa Kecfer nre the owncrs in fee simplc of Lot 13, Plan 40M-1866, Pickering, which lot lies immedintely enst of Block 53 nnd lhey hnve exprcsscd nn interest in occupying the enstem half of Qlock 53, Plan 40M-1866 for rcsidential purposes in conjunction with �hcir lot; and Wf1EREAS .lohn and Martina Belgiorgio ure the owncrs in fee simple of Lot 14, Plan 40M•1866, Pickering, which lot lies immediately wcst of Block 53 nnd thcy hove expressed nn intercst in occupying thc westem half of Eilock 53, Plan 40M-1866 for residcntial purposes in conjunction with their lot; and AND WHC:RGAS, pursuant to section 191 of the Munlcipal Acr, R.S.O. 1990, chapter M.45, thc Council of the City may disposc of intcresis in Innd owned by it while lhnt land is not required by the City; and NOW THERE�ORG THH COUNCIL 0� TIIE CORPORATION O� T[IE CI'fY OP PICKC:RING HGRliI3Y �NACTS AS FOLLOWS: I. The Mayor nnd Clerk are hercby authorizcd to cxecute n Licence Agrcemcnt bctween 1'he Corporation of thc City of Pickering and Martin and I.isa Kaefer and John nnd Murtinu Oelgiorgio in a form satisfactory to the Solicitor for the City to permit an encroachmcnt of Dlock 53, Plan 40M-1866 by thc owncrs of Lots 13 nnd 14, Plan 40M-1866 for thc purFwses of utilizing it for residential purposes in conjunclion with their respectivc until such time as the Ciry requires the lands for walkway purposes. BY-LAW read n first, second and third time und finally passcd this i 6th day of October, 2000. Wayne Arthurs, Mnyor Dnice Taylor, Clcrk �.000a . . . . . � / _ . ' e G � ia � � N aeroar No. L2el00 oAtE OCT. 2, 2000