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)
The Corporate Services Committee recommends the adoption of the following report
(April21, 1999) from the Commissioner of Corporate Services:
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; and
(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.
(A copy of the maps attached to the foregoing report was forwarded to all Members of
Council with the May 20, 1999, agenda of the Corporate Services Committee and a copy
thereof is also on file in the office of the City Clerk.)