September 13, 1999

To:Administration Committee

From:Acting Commissioner of Corporate Services

Subject:Request for an Encroachment Agreement - 33 Cornwallis Drive

Ward 15 - Scarborough City Centre

Purpose:

To seek authority for an encroachment agreement, to allow an existing residential building at 33 Cornwallis Drive, Scarborough, which encroaches six (6) inches onto a city sewer easement, to remain.

Funding:

Revenue of $350.00 plus disbursements will be credited to Legal Services Division of the Corporate Services Department.

 Recommendations:

 It is recommended that:

(1)the City enter into an encroachment agreement with the owner of 33 Cornwallis Drive, Scarborough, to permit an existing residential building which encroaches six (6) inches onto a city sewer easement, to remain. The sewer easement and the encroachment are shown on Schedule ?A? attached and will be subject to;

(a)the owner providing proof of insurance satisfactory to the City?s Manager of Risk and Insurance;

(b)the owner agreeing to maintain the encroachment in good condition; and

(c)the owner paying the standard $350.00 administration fee plus disbursements and G.S.T. for the encroachment agreement;

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

History:

The property at 33 Cornwallis Drive is a single family dwelling on a lot measuring 54 feet by 119 feet. It is located north of Lawrence Avenue East and west of Kennedy Road in the former City of Scarborough. A 10-foot sewer easement along the west boundary of the property was registered via instrument No. 134955 dated July 13, 1954, in favour of the City.

In a recent title conveyance, the lawyer acting for the vendor discovered from a survey, that the building on the property was 9 feet 6 inches from the west lot line and therefore, encroaching 6 inches onto the easement. The building, according to assessment records, was built in 1954.

The lawyer for the owner has acknowledged the encroachment and has requested the City authorise its continued presence through an encroachment agreement or reduce the width of the easement by 6 inches so that there will be no encroachment.

Comments:

Staff from Works and Emergency Services Department have inspected the site and advised that the encroachment does not pose a concern with respect to the structural stability of the subsurface storm sewer as well as its maintenance. They have no objections to the proposed encroachment request.

The encroachment policy of the former City of Scarborough considered minor encroachment of structures such as garages, eavestroughs, steps, retaining walls, etc., to be ?Specific Encroachments?, and subject to a one time administrative charge of $350.00.

 Conclusion:

The existing encroachment by the building is minor in nature. It poses no obstruction to the existing storm sewer and its maintenance. Approval of the encroachment agreement will rectify an irregularity that has been in existence for over 40 years.

Contact Name:

Neubert Li, Real Estate Administrator, (416) 392-1243, Fax No. (416) 392-1880, E-mail Address: li@city.scarborough.on.ca (cs99133.wpd)

  Brenda Glover

Acting Commissioner, Corporate Services