June 24, 1998

To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:Proposed Encroachment Agreement for an existing industrial

building at 42-50 Continental Place, Scarborough

(Ward 14 - Scarborough Wexford)

 Purpose:

 This report recommends that the City enter into an encroachment agreement to permit an existing industrial building, which encroaches .07m (2.75 inches) onto a sewer easement to remain.

 Funding Sources, Financial Implications and Impact Statement:

 If approved, the standard encroachment fee of $350.00 will be received.

 Recommendations:

 It is recommended that:

(1)the City permit the existing building, encroaching approximately 0.07m (2.75 inches) onto a City-owned sewer easement shown as Part 2 on Plan R-2468, to remain, subject to:

 a) entering into a encroachment agreement with the City;

 b)payment of the administration fee of $350.00 and registration cost of $50.00;

 c)provision of proof of insurance satisfactory to the City's Manager of Risk and Insurance;

 d)maintenance of the encroachment in good condition; and

 (2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

 A recent survey of the properties at 1545 and 1523 Warden, and 30 - 60 Continental Place, in the Warden Avenue/Highway 401 area determined that one of the buildings in this industrial complex encroaches approximately 0.07m (2.75 inches) onto a City-owned sewer easement. The lenders for the purchasers have requested an encroachment agreement with the City to permit the building to remain in its current location.

 Comments and/or Discussion and/or Justification:

 Although there are five separate properties at this location, all are under identical ownership, and they are managed as a single complex. The complex includes four, approximately 30 year old, industrial buildings with a total of approximately 10,900 square metres (117,500 square feet). The complex is being sold.

 A 9.14m wide sewer easement extends from Continental Place to another sewer easement on an adjacent C.P. Rail Right-of-Way. A recent survey disclosed that the building at 42 -50 Continental Place encroaches to a maximum of .07m (2.75 inches) onto the sewer easement, and has done so since it was constructed in approximately 1967.

 The zoning of the property is M - Industrial, with Performance Standards permitting up to 50% coverage. A small portion of the property close to Warden Avenue is zoned MC - Industrial Commercial. The Official Plan designates the area for Industrial Uses.

 The usual City Departments and outside agencies have been contacted, and no objections to the proposed encroachment agreement have been received. From an operational perspective, therefore, the encroachment may be tolerated.

 Conclusion:

 The proposed formalization of the existing encroachment will not hamper the City's operational requirements for this sewer, and approval of the encroachment agreement is recommended.

Contact Name:

 R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241

rmayr@city.scarborough.on.ca (cs98105.wpd)

 Margaret Rodrigues

Commissioner, Corporate Services