April 21, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Request for an Encroachment Agreement - 565 Kennedy Road,

Northeast Corner of Kennedy Road and Summer Drive, Former City of Scarborough - Lot 7, Plan 3507

(Ward 15 - Scarborough City Centre)

Purpose:

To seek authority for an encroachment agreement, to permit an existing 0.9 metre high stone wall which encroaches 0.55 metre onto the road allowance abutting 565 Kennedy Road, 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 565 Kennedy Road to permit an existing 0.9 metre high stone wall which encroaches 0.55 metres onto the Kennedy Road road allowance to remain. The area of the encroachment is 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;

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

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

History:

The owner of a commercial property at 565 Kennedy Road in the former City of Scarborough has made application for title conversion pursuant to the Land Titles Act. The Notice of Application for First Registration was registered as Instrument No. E224896 by Kopas Management and Development Incorporated.

A Statement of Objection was filed with the Land Registrar by the City's Legal Services Office for the purpose of protecting the City's interest as it relates to a 0.9m-high stone wall which encroaches onto the City's abutting road allowance.

The legal representative for the owner contends that the objection is one of use and occupancy not of title. However, the owner acknowledges the encroachment and has requested the City authorize its continued presence through an encroachment agreement.

Comments:

A circulation to City Departments, outside agencies, utility companies and the Ward Councillors resulted in 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", subject to a one time administrative charge of $350.00.

Conclusion:

The 0.9 metre-high stone wall along the Kennedy Road and Summer Drive serves as an enhancement at the street corner and poses no obstruction to pedestrian traffic or to street maintenance. Approval of the encroachment agreement will enable the applicant to maintain the existing streetscape.

Contact Name:

Neubert Li, Real Estate Administrator, (416) 396-7422, Fax No. (416) 396-4241, E-mail Address: li@city.scarborough.on.ca (cs99072.wpd)

Margaret Rodrigues

Commissioner of Corporate Services