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HomeMy WebLinkAboutFCS-12-162 - Encroachment - Melvern CourtREPORT TO: Committee of the Whole DATE OF MEETING: October 1, 2012 SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City Solicitor x2267 PREPARED BY: Lesley MacDonald, Director of Legal Services and City Solicitor x2267 WARD(S) INVOLVED: 2 DATE OF REPORT: September 27, 2012 REPORT NO.: FCS-12-162 SUBJECT: LEGALIZE ENCROACHMENT ON BLOCK B, PLAN 1359 (MELVERN COURT) RECOMMENDATION: “That the Mayor and Clerk be authorized to execute encroachment agreements with the respective owners of 24, 48 and 56 Coventry Drive to legalize their respective fences which encroach upon Block B, Plan 1359 as shown on Reference Plan 58R-17583; provided said encroachment agreements are executed prior to the conveyance of Block B, and said agreements are satisfactory to the City Solicitor.” BACKGROUND: Block B, Plan 1359 is being conveyed and three fence encroachments have been discovered as set out on Reference Plan 58R-17583. REPORT: In order to legalize these fences prior to the sale of Block B to the adjacent property owners on Melvern Court, it is appropriate to have the owners of 24, 48 and 56 Coventry Drive enter into encroachment agreements to legalize their respective fence encroachments. An excerpt of Reference Plan 58R-17583 is attached which illustrates the minor fence encroachments. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Efficient and Effective Government – Customer Service FINANCIAL IMPLICATIONS: N/A í ó ï COMMUNITY ENGAGEMENT: Staff have conferred with each of the respective property owners to legalize their respective encroachment. CONCLUSION: It is appropriate to legalize the encroachments prior to the conveyance if possible, therefore, it is in order to authorize the execution of encroachment agreements with the property owners for the fence encroachments. ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and Corporate Services í ó î í ó í