HomeMy WebLinkAboutCRPS-06-106 - Encroachment Agreement - Proposed Fence over Sanitary and Storm Sewer Easement at 242 The Country Wayl
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Corporate Services
REPORT
Report To: Mayor and Members of Council
Date of Meeting: July 4, 2006
Submitted By: Jennifer Sheryer
Assistant City Solicitor
Prepared By: Jennifer Sheryer
Assistant City Solicitor
Ward(s) Involved: Ward 4
Date of Report: June 27, 2006
Report No.: CRPS-06-106
Subject: ENCROACHMENT AGREEMENT REQUEST -PROPOSED
FENCE OVER SANITARY AND STORM SEWER
EASEMENT AT 242 THE COUNTRYWAY
RECOMMENDATION:
"That subject to the approval of the Director of Engineering Services, 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 Part Lot 317, Registered Plan 1416 designated as
Part 4 on 58R-9194 (PIN 22609-0086), municipally known as 242 The Country Way, to legalize
the installation of a wooden fence to be located over a sanitary and storm sewer easement and
running 6" in from the side lot line, commencing at the rear lot line and stopping 1' back from the
sidewalk, said Agreement to be registered on title."
REPORT:
I am in receipt of a request from the owner of 242 The Country Way to legalize a proposed
wooden fence between 240 and 242 The Country Way, said fence to be located over an
easement and running 6" in from the side lot line of 242 The Country Way. The fence will
commence at the rear lot line and stop at the City's road allowance, being 1' back from the
sidewalk. This easement is for sanitary and storm sewer pipes that run between these two
properties from The Country Way to Bleams Rd. Engineering Services has confirmed that the
easement is 20' wide with 10' on each property. Both pipes are concrete encased; the depth of
the pipes vary 12.5' to 6.5' for sanitary and 9.5' to 7.5' for storm sewer.
The owner is proposing a 6' high wood fence for the rear portion of the fence running from the
back lot line to approximately the back end of the driveway, and continuing with a fence 4' high
to the front of the house and then a fence 3' high from the front of the house to 1' back from the
sidewalk. The post holes will be dug no greater than 4' into the ground.
Our standard encroachment agreement provides that if the fence needs to be removed in order
to perform any work on the easement, it is the homeowners' responsibility to pay and arrange
for removal of the existing fence and installation of a replacement fence.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
With the exception of the reply from the Director of Engineering Service that we are awaiting,
the appropriate staff has reviewed this request and has no concerns with the location of the
proposed wooden fence.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
cc: L. MacDonald
R. Shamess
K. Mayer
S. Rice
S. Turner