HomeMy WebLinkAboutOES 19-06
REPORT TO THE
EXECUTIVE COMMITTEE
Report Number: OES 19-06
Date: April 1 0, 2006
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Extension of Encroachment/Licence Agreement between Gerard Cryan
and Lorrie Cryan and City of Pickering upon lands known as Block 50,
Plan 40M-1627, Pickering
- File: A-2130
Recommendation:
1. That Report OES 19-06 regarding the extension of an Encroachment/Licence
Agreement be received; and
2. That the request by Gerard Cryan and Lorrie Cryan, collectively called "Cryan" 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 Gerard Cryan and Lorrie Cryan involving City lands, subject to
certain terms and conditions as set out in the Extension Agreement prepared by the
City Solicitor.
Executive Summary: Gerard Cryan and Lorrie Cryan herein collectively called
"Cryan", have requested that the City permit Cryan to extend the terms of the original
encroachment/licence agreement, whereby Cryan occupies the southern 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 41, 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 Cryan ceases to be
the registered owner of Lot 41, 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 19-06
Date: April 1 0, 2006
Subject: Extension of Encroachment/Licence Agreement
Between Gerard Cryan and Lorrie Cryan 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.D. 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 southern half of Block 50, Plan 40M-1627 for the
purpose of temporarily utilizing it for residential purposes in conjunction with Lot 41,
Plan 40M-1627.
Background: Gerard Cryan and Lorrie Cryan, collectively called "Cryan" 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 41, Plan 40M-1627 and maintaining the fence along the centre line
of the Block. The term of this encroachment/licence agreement commenced on
February 13, 2004 and expired on September 30, 2005.
All the terms and conditions in the orig1inal Encroachment/Licence Agreement shall
apply with the following modifications to the Extension Agreement as prepared by the
City Solicitor.
1. The term of the licence granted will expire when Cryan ceases to be the
registered owner of Lot 41, 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 Cryan; or
b. Terminated at any time upon the written agreement of the Parties; or
c. Surrendered by Cryan 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 19-06
Date: April 10,2006
Subject: Extension of Encroachment/Licence Agreement
Between Gerard Cryan and Lorrie Cryan and
City of Pickering upon lands known as Block 50, Plan 40M-1627
Page 3
Attachments:
1. Location Map
Prepared By:
Everett ma, Director
Operations & Emergency Services
RH:ds
Copy: Chief Administrative Officer
City Solicitor
City Clerk
Recommended for the consideration of
Pickering City Council
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OPERA nONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERTY &
ENGINEERING DIVISION
SCAU:: 1 :2500 I D4MARCH 27 12006
ATTACHMENT FOR REPORT OES 19-06
ENCROACHMENT AGREEMENT
BLOCK 50 PLAN 40M-1627