Loading...
HomeMy WebLinkAboutCRPS-09-102 - Encroachment Agmt - 155 Washburn Dr1 C©rp©rate Services REPORT TO: Committee of the Whole DATE OF MEETING: June 29, 2009 SUBMITTED BY: Fiona M. McCrea, Assistant City Solicitor PREPARED BY: Fiona M. McCrea, Assistant City Solicitor WARD(S) INVOLVED: 4 DATE OF REPORT: June 29, 2009 REPORT NO.: CRPS-09-102 SUBJECT: ENCROACHMENT AGREEMENT REQUEST - 155 WASHBURN DRIVE -PROPOSED ASPHALT PARKING LOT OVER PART OF PART LOT 12, RCP 1471, BEING PARTS 25 & 26 ON PLAN 58 R-7426 RECOMMENDATION: "That, subject to obtaining all necessary staff approvals and determination of an appropriate fee, 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 properties municipally known as 139 and 155 Washburn Drive (PINs 22607-0204 and 22607-0202 LT) to permit the installation of an asphalt parking lot over Part of Lot 12, RCP 1471 being Parts 25 & 26 on Reference Plan 58R-7426, being an approximate area of 2256.7 square metres ." BACKGROUND: Decora Homes Ltd. purchased 155 Washburn Drive from the City on or about November, 2008 to construct its New Homes Design Centre. The head office for Decora Homes Ltd. is located on the lands known as 139 Washburn Drive, owned by an associated company, Eastforest Homes Ltd.. In between these two properties are lands owned by the City of Kitchener for purposes of a future municipal right of way (extension of Washburn Drive). Decora Homes Ltd. wishes to construct an auxiliary parking lot on the City lands between its two office buildings. REPORT: A request has been submitted by Decora Homes Ltd. for the construction of an asphalt parking lot on a parcel of land 20 m by 105 m (approximately) owned by the City. The City acquired these lands in or about 1988 for future extension of the Washburn Drive right of way. At this time there are no plans to extend Washburn Drive in this location. Decora Homes Ltd. would like to license these lands to use as an auxiliary parking lot for their New Homes Design Centre. Decora Homes Ltd. has submitted storm water management, site grading and servicing plans to Engineering Services Department for approval. An amendment to their site plan may also be required. Decora Homes Ltd. will be responsible for all costs to construct and maintain the asphalt parking area and associated landscaping and lighting in accordance with City of Kitchener standards and specifications. The proposed parking lot and associated landscaping will occupy the entire parcel of land which has an approximate area of 2256.7 square metres. Attached are sketches illustrating the location and dimensions of the proposed parking lot. Due to timing of Council meetings, this matter is being brought to Council in advance of obtaining all necessary staff approvals. FINANCIAL IMPLICATIONS: City staff will determine an appropriate fee based on the nature and extent of the proposed use of the City's lands. 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 owner(s) and any mortgagee(s) of 155 Washburn Drive and 139 Washburn Drive. ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor PRINT:155 Washburn Dr Page 1 of 1 155 Washburn Dr ~__ ---~ ., ~ _ ,~ s. ~+'" µ~ ~ ~ °., ~ 972 ~.~ ".~ a ~; _ y ~_ 9275 ~ ~ ,* ',- °973 L' - ,- °~ ,~', 'n~ 954 _ ~ a '"~ ~F: ~'' ~ ~ _ '~ ~~;, f~, ,, i ~~ ~ ~.~ N -„ ~~~'``'. 9755 WASHBURN DR ~""" 9 55 4r~~. , ~, ~n ~' " ~~r~~ & ~~~ ~ , ~ , `'~ ~ ; ~~~,~~~~~~' ~ e 929 !~' "' ~ " , ~"~ ' rr ~ ~ ~ ~. X91 d 939 ~ ~ `,f ,F •~ . . ~ ~~ ~ ~ ~ ~ . ~F g y. n -~. n y ~r P aF 9394 . I~ ~ ,~',~~p,~. ~~ ,~~. i4-_ .~ • ~ ~. e~ y~ Map printed on: Mon Jun 29 11:33:04 2009 '+~C 0073m Disclaimer: The City of Kitchener assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kitchener does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document. . Comments: . 2004 The Corporation of the City of Kitchener http://cokonpapp/onpointpro5058/onpoint 6/29/2009 .T a e ~ ~ rR~e . ~ HpRr ~ N • ~ N ~~- ._ I` S • p ~ R ~ ~ '~~~ ~ ~ ~ ~;~~~ ~ {6~;~ ~T~$ I ~ Il ;~~~ i ~ . I ~ k _ _' _ . ~ ~ #. . ^ __ -~ " n ~ - - L`~~\ ~ I i ~ M ~ '~ r~ g z ~i ~ ~ ~ ~' Xm ~ c. ~ € a ~ n ~~ ti ~m _, . ~ ® ~ ~ ' k I . I ~\ ^ ~ ~ \ • . • ' 1 . ~~ . I C ~ e ~ ~ ~~\~~ e` t . . i i f -` i ~.......`.J ...,.J. .~.~._.~~.........~.._ snTaob w. kUASHBURN DRIVE ~ ~ ~ ~ ~ ~~ ~• r ~ ~ k t f EY r:' ~ _~'' ~ I ? ' ' ' - > f{; ~ i ~ I~ t 5 - , ~ ~ ',,..._... `c a _ r.