HomeMy WebLinkAboutOES 20-06
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REPORT TO THE
EXECUTIVE COMMITTEE
Report Number: OES 20-06
Date: April 1 0, 2006
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Extension of EncroachmenUUcence Agreement between Caryn Johnston
and John Johnston and City of Pickering upon lands known as Block 50,
Plan 40M-1627, Pickering
- File: A-2130
Recommendation:
1. That Report OES 20-06 regarding the extension of an Encroachment/Licence
Agreement be received; and
2. That the request by Caryn Johnston and John Johnston, collectively called
"Johnston" to encroach upon the land known as Block 50, Plan 40M-1627 be
APPROVED.
3. That the Mayor and the City Clerk be AUTHORIZED to sign an Extension
Agreement with Caryn Johnston and John Johnston involving City lands, subject to
certain terms and conditions as set out in the Extension Agreement prepared by the
City Solicitor.
Executive Summary: Caryn Johnston and John Johnston herein collectively called
"Johnston", have requested that the City permit Johnston to extend the terms of the
original encroachment/licence agreement, whereby Johnston occupies the northern half
of Block 50, Plan 40M-1627, Pickering, for the purpose of temporarily utilizing it for
residential purposes in maintaining a fence along the centre line of the block in
conjunction with Lot 40, Plan 40M-1627 with the following modifications.
1. Subsection 5(1) of the Agreement shall be deleted and the following substituted
therefore:
5 (1) The term of the licence granted shall expire when Johnston ceases to
be the registered owner of Lot 40, Plan 40M-1627, Pickering unless the
licence is earlier revoked, terminated or surrendered under the provisions of
sub clause (2)
2. All of the terms and conditions in the Agreement shall apply with necessary
modifications to this Extension Agreement.
Report to Council OES 20-06
Date: April 1 0, 2006
Subject: Extension of Encroachment/Licence Agreement
Between Caryn Johnston and John Johnston and
City of Pickering upon lands known as Block 50, Plan 40M-1627
Page 2
The City of Pickering is authorized under the Municipal Act, 2001, S.O. 2001, c. 25 to
permit the encroachment.
Financial Implications: The City of Pickering, upon execution of this Extension
Agreement shall receive from the Owner a one time fee in the amount of $370.00 (plus
GST) for the preparation of the Extension Agreement, plus registration and
disbursements. to encroach upon the northern half of Block 50, Plan 40M-1627 for the
purpose of temporarily utilizing it for residential purposes in conjunction with Lot 40,
Plan 40M-1627.
Background: Caryn Johnston and John Johnston, collectively called "Johnston"
entered into an encroachment/licence agreement with the City of Pickering for lands
known as Block 50, Plan 40M-1627 for temporarily utilizing it for residential purposes in
conjunction with Lot 40, Plan 40M-1627 and maintaining the fence along the centre line
of the Block. The term of this licence agreement commenced on April 23, 2003 and
expired on September 30,2005.
All the terms and conditions in the original Encroachment/Licence Agreement shall
apply with the following modifications to the Extension Agreement as prepared by the
City Solicitor.
1. The terms of the licence granted will expire when Johnston ceases to be the
registered owner of Lot 40, Plan 40M-1627, Pickering unless the licence is
earlier revoked, terminated or surrendered under the provisions of subclause (2)
which states that the licence granted may be,
a. Unilaterally and arbitrarily revoked by the City upon 60 days written notice
to Johnston; or
b. Terminated at any time upon the written agreement of the Parties; or
c. Surrendered by Johnston upon 60 days written notice to the City.
The execution of the Extension Agreement will require a one time fee of $370.00 (plus
GST) for the preparation of the agreement and for registration and disbursements
The original Encroachment/Licence Agreement also states that the Owner shall
maintain commercial general liability insurance coverage to remain in effect at all times
and that the City be named as an "additional" insured. Such insurance shall be kept in
force until the Owner is released from the provisions of the Encroachment/Licence
Agreement.
Report to Council OES 20-06
Date: April 1 0,2006
Subject: Extension of Encroachment/Licence Agreement
Between Caryn Johnston and John Johnston and
City of Pickering upon lands known as Block 50, Plan 40M-1627
Page 3
Attachments:
1. Location Map
Prepared By:
Approv~~dorse . By:
.'
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RH:ds
Copy: Chief Administrative Officer
City Solicitor
City Clerk
Recommended for the consideration of
Pickering City/Council
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CRESCENT
LOT 40 PLAN 40M-1627
01001804640
J. & C. JOHNSTON
# 982 GRAFTON
FINCH
AVENUE
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERTY &
ENGINEERING DIVISION
SCALE: DOTE:
1 :2500 MARCH 27 /2006
ATTACHMENT FOR REPORT OES 20-06
ENCROACHMENT AGREEMENT
BLOCK 50 PLAN 40M-1627