HomeMy WebLinkAboutOES 18-06
REPORT TO THE
EXECUTIVE COMMITTEE
Report Number: OES 18-06
Date: April 1 0, 2006
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Encroachment on City of Pickering lands, Milton Road road allowance
Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350
File: A-2130
Recommendation:
1. That Report OES 18-06 regarding an encroachment agreement be received; and
2. That the request by Monica Porter (the "Owner") to encroach upon the Milton Road
road allowance (the "Highway") be APPROVED.
3. That the Mayor and the City Clerk be AUTHORIZED to sign an encroachment
agreement with Monica Porter involving City lands, subject to certain terms and
conditions as set out in the Encroachment Agreement prepared by the City Solicitor.
Executive Summary: Monica Porter has requested that the City permit the
continuance of certain ammenities which consist of a gravel driveway, interlock brick
path and patio stones to encroach upon Milton Road road allowance. The Owner
acknowledges that no further or other encroachment will be permitted.
The City of Pickering is authorized under the Municipal Act, 2001, S.O. 2001, c. 25 to
permit the encroachment of such a structure.
The Owner will enter into an agreement with the City and be registered on title to the
Property.
Report to Council OES 18-06
Date: April 10,2006
Subject: Encroachment of City of Pickering lands, Milton Road road allowance
Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350
Page 2
Financial Implications: The City of Pickering, upon execution of this Agreement
granting permission to encroach upon the property that is known as the Milton Road
road allowance (the "Highway) shall receive from the Owner a fee in the amount of
$1,000.00 (plus GST) for the preparation and execution of this Agreement. The Owner
shall also pay all costs associated with the registration of this Agreement against title to
the Property in the amount of $250.00 (plus GST) and any other related documents,
including any amendments to this Agreement.
Background: Monica Porter (the "Owner") has requested the right to maintain
existing ammenities which consist of an a gravel driveway, interlock brick path, and
patio stones which encroach upon Milton Road road allowance, subject to certain terms
and conditions of the Encroachment Agreement prepared by the City Solicitor.
The City is authorized under the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws
respecting matters within certain spheres of jurisidicton, including highways, and
therefore is authorized to permit the encroachment.
The Owner has acknowledged that no further encroachment will be permitted. Either
party may terminate this agreement upon giving notice. The notice period shall be a
minimum of thirty (30) days written notice if the Owner elects to terminate, or a
minimum of three (3) months notice if the City elects to terminate this agreement. The
Owner shall not be entitled to make any claim for compensation or costs as a result of
either party exercising its right to terminate this Agreement. Upon termination, the
Owner shall remove the encroachment.
The Owner will pay to the City upon execution of this Agreement a fee in the amount of
$1,000.00 (plus GST) for the preparation and execution of this Agreement and any
costs associated with the registration of this Agreement against title to the Property in
the amount of $250.00 (plus GST) and any other related documents, including
amendments to this Agreement. The Owner will also maintain throughout the term of
this Agreement, public liability insurance satisfactory to the City.
Report to Council OES 18-06
Date: April 1 0, 2006
Subject: Encroachment of City of Pickering lands, Milton Road road allowance
Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350
Page 3
Attachments:
1. Location Map
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~i ard Hol orn P .Eng.
. jsion Head
. unicipal Property & Engineering
RH:ds
Everett ntsm . ector
Operations & Emergency Services
Prepared By:
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
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