HomeMy WebLinkAboutOES 17-06
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REPORT TO THE
EXECUTIVE COMMITTEE
Report Number: OES 17-06
Date: April 1 0, 2006
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Encroachment on City of Pickering lands, Milton Road road allowance
Harold Lloyd Ferguson and Carol Ferguson, 503 Oakwood Drive,
Pickering. Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-
11951.
- File: A-2130
Recommendation:
1. That Report OES 17-06 regarding an encroachment agreement be received; and
2. That the request by Harold Lloyd Ferguson and Carol Ferguson (the "Owners") 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 Harold Lloyd Ferguson and Carol Ferguson involving City lands,
subject to certain terms and conditions as set out in the Encroachment Agreement
prepared by the City Solicitor.
Executive Summary: Harold Lloyd Ferguson and Carol Ferguson have requested
that the City permit the continuance of certain ammenities which consist of an asphalt
driveway/gravel parking areas and a row of trees to encroach upon the Milton Road
road allowance. The Owners acknowledge 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 Owners are entering into an agreement with the City to be registered on title to the
Property.
Report to Council OES 17-06
Date: April 10,2006
Subject: Encroachment of City of Pickering lands, Milton Road road allowance
Harold Lloyd Ferguson and Carol Ferguson,
503 Oakwood Drive, Pickering.
Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-11951. 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 Owners a fee in the amount of
$1,000.00 (plus GST) for the preparation and execution of this Agreement. The
Owners 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: Harold Lloyd Ferguson and Carol Ferguson (the "Owners") have
requested the right to maintain existing ammenities which consist of an asphalt
driveway/gravel parking areas and a row of trees, 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 Owners have 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 Owners elect to terminate, or a
minimum of three (3) months notice if the City elects to terminate this agreement. The
Owners 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
Owners shall remove the encroachment.
The Owners 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 Owners will also maintain throughout the term of
this Agreement, public liability insurance satisfactory to the City.
Report to Council OES 17-06
Date: April 10,2006
Subject: Encroachment of City of Pickering lands, Milton Road road allowance
Harold Lloyd Ferguson and Carol Ferguson,
503 Oakwood Drive, Pickering.
Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-11951. Page 3
Attachments:
1. Location Map
Prepared By:
-
, irector
ergency Services
RH:ds
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
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OPERATIONS & EMERGENCY A TT ACHMENT FOR REPORT OES 17-06 1Mc
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