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HomeMy WebLinkAboutOES 16-06 CiÚf o~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 16-06 Date: April 1 0, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc., 500 Rosebank Road, Pickering, Part Lots 82, 83 & 84 on Plan 350 - File: A-2130 Recommendation: 1. That Report OES 16-06 regarding an encroachment agreement be received; and 2. That the request by Web-Tech Safety Products Inc. (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 Web-Tech Safety Products involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. Executive Summary: Web-Tech Safety Products Inc. has requested that the City permit the continuance of certain ammenities which consist of a cedar hedge, row of trees, stone ramp and paved area to encroach upon the 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 is entering into an agreement with the City to be registered on title to the Property. Report to Council OES 16-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc., 500 Rosebank Road, Pickering, Part Lots 82,83 & 84 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: Web-Tech Safety Products Inc. (the "Owner") has requested the right to maintain existing ammenities which consist of a cedar hedge, row of trees, stone ramp and paved area, which encroach upon the 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 16-06 Date: April 10,2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc., 500 Rosebank Road, Pickering, Part Lots 82,83 & 84 on Plan 350 Page 3 Attachments: 1. Location Map Prepared By: ~~~./ . hard Holbor. ivision Head - Municipal Property & Engineering Everett Buntsma, . ector Operations & Emergency Services RH:ds Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council .? 4 /, I I - - .--J I w I 0:::: 0 0 I :2 w - # 500 ROSEBANK 0 > 01004002515 <C I f-- 0 J 0:::: Web-Tech Safety Products 0:::: . 0 0 ì 1 . , I ~~ V///§//////////////~ CITY OF PICKERING CITY OF PICKERING (MIL TON ROAD ALLOWANCE) COWAN J CI ~\ \ \ I ~ z GILLMOSS <C OJ I w ROAD 1\ (f) 0 0 0 \ T 0 0:::: 5 ~ \t <C 0 \ ROUGEMOUNT DRIVE ( \ [(~ 0\ ::z. \ VI ~\ ---- -Z- t-- \ NOMAD RD. -- '\ r I I I ì OPERA nONS & EMERGENCY A TT ACHMENT FOR REPORT OES 16-06 ~ SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENCROACHMENT AGREEMENT ~ " ENGINEERING DIVISION I I SCALE: 1 :2500 I DAMARCH 27 /2006 500 ROSEBANK ROAD ,. i: fORI::PUKln u~ I~ I../Iµ'