HomeMy WebLinkAboutCRPS-06-135 - Encroachment Agreement - Existing Fence over Sanitary Sewer Easement at 412 Hearthwood Dr.l
K KR
Corporate Services
REPORT
Report To: Mayor and Members of Council
Date of Meeting: September 11, 2006
Submitted By: Lesley MacDonald
City Solicitor
Prepared By: Lesley MacDonald
City Solicitor
Ward(s) Involved: Ward 4
Date of Report: September 5, 2006
Report No.: CRPS-06-135
Subject: ENCROACHMENT AGREEMENT REQUEST -EXISTING
FENCE OVER SANITARY SEWER EASEMENT AT 412
HEARTHWOOD DR.
RECOMMENDATION:
"That 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 Lot 37, Registered Plan
58M-135, municipally known as 412 Hearthwood Drive, to legalize an existing 4' high cedar rail
fence located approximately 2", more or less, onto an easement registered as Instrument
Number LT38127, commencing at the rear lot line stopping at the front building wall, said
Agreement to be registered on title, if possible."
REPORT:
am in receipt of a request to legalize an existing 4' high cedar rail fence which is located
approximately 2" onto a storm sewer easement registered as Instrument Number LT38127. The
easement is located between 408 and 412 Hearthwood Dr. The fence commences at the rear
lot line and stops at the front building wall for a length of approximately 55'. The cedar posts are
dug no greater than 1' in the ground and are not concrete or gravel encased.
Engineering Services has no objection to the installation of the proposed fence over the
easement. They have noted that the sewer is concrete encased and is approximately 5m deep.
On October 3, 2005, Council passed a resolution for the adjacent property owners at 408
Hearthwood Dr. to construct a 8' wooden fence onto this same easement commencing at the
rear lot line and stopping at the front building wall.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
The appropriate staff has reviewed this request and has no concerns with the location of the
existing cedar rail fence.
LESLEY MacDONALD
City Solicitor
LM:sh
cc: R. Shamess
S. Rice
K. Mayer
S. Turner