HomeMy WebLinkAboutFCS-11-146 - Encroachment Agmt - 493 Zeller DrStaff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent
REPORT TO: Committee of the Whole
DATE OF MEETING: June 27, 2011
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x2265
PREPARED BY: Sherry Handsor, Legal Assistant x2856
WARD(S) INVOLVED: 2
DATE OF REPORT: June 16, 2011
REPORT NO.: FCS-11-146
www.kitchenerca
SUBJECT: ENCROACHMENT AGREEMENT REQUEST - 493 ZELLER
DR -PROPOSED FENCE OVER STORM SEWER
EASEMENT
RECOMMENDATION:
"That, subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to
execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property
owner(s) and any mortgagee(s) of the property municipally known as 493 Zeller Dr. (PIN
22713-4912) to legalize a proposed wooden fence along the side lot line for a length of
35.5m, more or less, adouble-door gate extending from the rear side of the house to join
up with the wooden fence along the side lot line and adouble-door gate at the rear of the
property to join the fence along the rear lot line to the fence along the side lot line, both
gates extending 2.5m, more of less, over a storm sewer easement registered as
Instrument Number WR580540."
BACKGROUND:
The owner of 493 Zeller Dr. would like to install a new wooden fence on the property and the
proposed location is located over a storm sewer easement.
REPORT:
The property owner of 493 Zeller Dr. would like to install a new wooden fence on the property.
The side of the property is subject to a storm sewer easement registered as Instrument Number
WR580540. The property owner would like to install a 1.83m to 2.44m wooden fence along the
side lot line for a length of approximately 35.5m and would be located over the easement. A 5m
double-door gate would also extend from the rear side of the house and join up with the wooden
fence running along the side lot line and a 5m double-door gate would join the rear fence to the
fence along the side lot line. Both gates would extend approximately 2.5m over the easement.
The purpose of the gates is to allow access to the catch basin at the rear of the property. A
drawing of the proposed encroachment is attached.
5-1
Staff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca
If the City requires removal of the fence or portion of the fence for any reason including any
maintenance, repair, and replacement of the storm sewer such removal will be at the sole
expense of the homeowner. Furthermore, any damage to the storm sewer caused by the
encroachment will also be at the homeowner's expense.
Due to timing of Council meetings, this matter is being brought to Council in advance of
obtaining all necessary staff approvals.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Not applicable.
FINANCIAL IMPLICATIONS:
Not applicable.
COMMUNITY ENGAGEMENT:
Community engagement is not necessary for this process. Internal staff are circulated for their
comments and/or approval.
CONCLUSION:
Once all appropriate staff reviews and approvals have been obtained, it would be in order to
authorize the execution of an encroachment agreement with the property owner(s) and any
mortgagee(s) of 493 Zeller Dr.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
5-2
SURVEYOR'S REAL PROPERTY REPORfi, PARa o
P~aN aF
LOT 3I
REGfSTERE:D PLAN SSM-•r5Q8
CITY {}f KITCHE`NER
REGIONAL MUNICIPALITY OF WATERLOG
.KERRY F: HILLIS - OiVfiARfO LAND SURVEYOR
2 ~ ~ f p !O 26 30 METRES
scat..E i : 4oc~
htETRICIDlSTANCES SHOWN ~J TN18 PLAFf ARE IN METRES
AND CAN 8E f,BNVERTEQ TO FEET BY OtYfDlN6 BY 08048
ZEL L ER DRI VE
(bEflICATEQ 14Y REGtSTEREO PL AN 58M - SOBj
PIN RPTf3 - {8/A
N'V Et3=
I: BEARINGS ARE ASTRONONIC,AND ARE REFERRED
TO THE NORTH LIMIT OF LOT 3i
AS BEING H79°49'4O'E AS SHOWN ON
REGISTERED PLAN 58M-50B.
2. UNLESS OTHERWISE fUDTED. ALL BUIlDINO
TIES 5NOtiYN HEREON ARE PERPENDICULAR
TO PROPERTY LINE5.
;. PROPERTY LINES ARE NOT fENGEP, UNLESS
NOTED. OTHERWISE..
~ DENOTES SURVEY MONUMENT- iOUND
SIB DENOTES STANDARD IRON BAR
1B DENOTES IRON BAR
T.F. DENOTES TOP OF FOUNDAT{ON
C6 DENOTES GALLON, OIETZ, INC.
Pt DENOTES -REGISTERED PLAN 38M-506
PZ DENOTES PLAN bBR-IB97$
x
NIO°35'10'W cr+l~esr Ip~ssc ~y
1.328 N 12°50'S7'W _____ ~-----^-
(P186iEAS) w. t0. .~ Nt
~ N
~ e6 iD
o ~ t.4o r.F.=318.78
J j.
t*vusE UNDER
caNSTRUDnae
3 D ~'
~ s
REGIS TERED PLAN
31
t'
~,
m ~'' ~
~a
~ a ~rzu €rrr~ - 4sre
~o .. t
~x ~ 1
1
l
ma lao S
~~c9o3~04
9 w;_ •.pB Ctp}
~ed, ~:;nt~ ~t~t~~ea~:~~ ~I;~,~asr~t
~~1,t~
i -~<?Ct~~j i{t~iYl~ ~Y~
°o t,,)
~ ~ C.~ecc~f`~~C~' q~
~a c d i{~ ~5~ /~
~.__, 32
~" "~ ~814/I-508
``
a~f
'u
~-~ ~ ~ 1; +n~. `, n Wit; ~a~ e s ~~.~J ~ ~ t ~
t
-=
~ `r ' 3 Cleat'anee
I...
or
{,
0
I,,. '-"
tx o
~ ~
Z
. J~~ f~~U ~ ~T ~g 34~ r~ae
tea' t ~~ /~~ h' S ~ ~~ sw (ca
. P/N 8p~~3N'P8N ~~@ v~f
~~
SURVEYOR'S CERTIF}GATE ~.
1 CERTIFY THAT=
L THIS SURVEY AND PLAN ARE CORRECT AND Ri ACCORDANCE RiTli TNE.•~SURYEYS
.ACT AND TNESURYEYORS ACT ANp TIIE REGULATIONS MADE UNDER.TNE16~
o~n ~u~' ~acd ~
~of -~o-1"a 1 0~ ~~ ~ ~a
cxiia ~ -~at Full gcci~Ss ,
5-3