Proposed Encroachment Agreement for
an Existing Industrial Building at
42-50 Continental Place, Scarborough
(Ward 14 - Scarborough Wexford)
The Corporate Services Committee recommends the adoption of the following report (June24, 1998) from the
Commissioner of Corporate Services:
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 50percent 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)
(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the July 20, 1998,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)