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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 ~~/~~". ~ ~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 7 II w . > j 0::: .. 0 T CITY OF PICKERING u '\ \ 1\ \ ~ ROUGEMOUNT >~ '- .--*' OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION seAl£: DAlE: MARCH 27/2006 1 :2500 AIIACHMENT#_..!-__~. TO REPORT#....Y~ I f) I..../V7 J . J I I I CITY OF PICKERING (MILTON ROAD ALLOWANCE) ~~~~ I%~~~ I \ \ # 481 OAKWOOD -L 01004005000 M. PORTER I o o o S ~ « o DRIVE \ ( ,\ ~\ ~\ Z-\ \ ATTACHMENT FOR REPORT OES 18-06 ENCROACHMENT AGREEMENT 481 OAKWOOD DRIVE .-I W 0::: o o ¿ o « o 0::: f7¡ COWAN C I~' LE ~ z « GILLMOSS co W ROAD (f) o 0::: I - -- NOMAD RD. r I I I ì ÛbJ~1 .. I I -ÆI I I IJI{ ~