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Home My WebLink AboutWD-16-96 THE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~ 16 _ Date: APRIL 1, 1996 ~, Res.# ~~ -q~. BY-Law # Report #: T~-~ ~-Q~ File #: B O1- ~ ~ - 44 Subject: REQUEST FOR Eti<CROACHMENT AGREEMENT ONTO QUEEN STREET, PARTS 2, 3 ANiD 4, UNREGISTERED PLAN, BUILDING LOCA'$ED ON THS SOUTHEAST CORNER OF QUEEN AND KIN($ STREETS IN BOWt?lANVILLE Recommendations: It is respectfu111~ recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report Wq-16-96 be received; 2. THAT .the Encroachment Agreement (Attachment No. 3) dated October 8, 146, between The Corporation of The Town of Bowmanville a~-d James Howard Hancock, previous owner of the subject property, be rescinded; 3. THAT Council pass a by-law authorizing the Mayor and Clerk to execute an agreement, shown as Schedule 'A' to the proposed by-law (see Attachment No. 2) between the Municipality of Clarington and Thomas White and Richard Alexandre, owners of the property,to permit parts of the building to encroach onto the road allov~ance known as Queen Street in the former Town of Bowmanville; 4. THAT the appljicants be responsible for all costs, such as survey and legal costs, associated with this agreement; 5. THAT the Municipality's solicitor be directed to take all actions necessary to complete the transaction; and ::~~~~~`~ 1 fly! f REPORT NO.: WD-16-96 PAGE 2 6. THAT Mr. Thomas White and Richard Alexandre, owners of the property, be advised of Council's decision. 2.0 A'P1'ACHFILNTS No. 1: Rey Map No. 2: Proposed by-law No. 3: Copy of Encroachment Agreement between The Corporation of the Town of Bowmanville and James Howard Hancock No. 4: Copy of Letter of Undertaking from Thomas White and Richard Alexandre, dated July 27, 1995 3.0 BACKGROUND 3.1 New Encroachme~-ts Mr. White and Mr. Alexandre recently purchased the subject property and made application for building permits to complete renovations. Recent surveys revealed new encroachments, therefore, prior to the issue of building permits, the applicants agreed, by Letter of Undertaking, dated July 27, 1995 (Attachment No. 4) to enter into a new Encroachment Agreement with the Municipality. 3.2 Prior Encroachment Agreement On October 8, 1946, The Corporation of The Town of Bowmanville entered into an Encroachment Agreement to permit the encroachment of the building located on the southeast corner of Queen and Rinq Streets onto Queen Street, as described (see Attachment No. 3). The encroachments described in the Agreement have been altered and further encroachments have been created; therefore, the existing Agreement does not accurately describe the actual encroachments. ~~UZ REPORT NO.: WD-1696 PAGE 3 4.0 REVIEW AND COMMENT 4.1 The applicants have commenced interior and exterior renovations to the subject building. The exterior renovations are cosmetic sand will not alter or increase the existing encroachments. 4.2 Queen Street was reconstructed in 1994 and the encroachments were accommodated in the design and construction. It is, therefore, unlikely that the continuance of the encroachment onto Queen Street will cause any adverse affect on future use of the road allowance. In fact, legal recognition of the encroachment plrovides protection to the Municipality in the form of liability insurance. 5.0 RECOMMENDATIONS 5.1 It is, therefore, recommended that the Municipality enter into an Encroachment Agreement with the owners to permit the encroachments described as Parts 2, 3 and 4, unregistered glan, subject to the applicants satisfying the conditions of the Agreement. Respectfully submitted, Steph~/~VOke~ng. Director of Public Works Reviewed by, W. H. Stockwe 1 Chief Administrative Officer JCO*ph March 26, 1996 Attachments 1(~~3 ~/~ c ST ~~F T PART 2 FysT PART 1 c~ m m z cn PART 3 m rn PART 4 o~ ~~ a ,~ w ~ ~o ~ieOO~ O~ ^ ~ ~ O ev ~^^ ~~ ^^n C: ATTACHS CLARK 40R14229.DW a ~ ~ ~ 0 D~~aI~Vj-~-II DRAWN BY: JM DATE: MAR. 1996 ~7 ~0a ATTACHMENT N0.1 KEY MAP WD-16-96 Qi~~ THH CORPORATION OP THE NONICIPALITY OF CLARINGTON ` BY-LAW NO. 96- ~~ Being a by-law to authorize the Mayor and Clerk to enter into an agreement between The Municipality of Clarinqton and Thomas. White and Richard Alexandre to permit the encroachments of part of the buildinq~located on the southeast corner of Kinq and Queen Streets, onto the Queen Street road allowance . and to rescind the Encroachment Agreement between The Corporation of the Town of Bowmanville and James Howard Hancock.~~ WHEREAS The Corporation of The Municipality of Cl:arington deems it desirable to enter into an Encroachment Agreement~~with Thomas White and Richard Alexandre to permit the following encroachment: Parts 2, 3 and 4, unregistered plan, to encroach onto the - Queen Street road allowance. W88RSAS the-Encroachment Agreement. is attached and foFms. part of `" ,~...~. ,. .. .thi~8`SY-Tdw'a#~:Schedule `(A":. .... WHEREAS the Encroachment Agreement between the former Town of _ Bowmanville and James Howard Hancock is .not valid, and is hereby. - rescinded. .~ ~ -NOW TBEREPORE BE IT RESOLVED THAT the Mayor and Clerk are - authorized to execute an Encroachment Agreement between The - Corporation of The Municipality of Clarinqton and Thomas White and - Richard Alexandre. - BY-LAW read a first and second time this 15th day of April, 1996. - BY-LAW read a third time and finally passed this-15th day of April, - 1996. MAYOR CLERK ATTACH~NT N0. 2 WD-16-96 n ~.`3 . ~ ~ ,_ 1~L'IORAI~~U' OF AGRCEGi3T1' made in 4l.-ic_te this Pifteerth day cf July, 1946, Be twe a n: SIILLI;.;e HUBERT BRO:/I? of e Town 0 o::~manvl e n e Ca.:-::y of . -urham, Implement Agent, -and JA:.z;S HO:~ARD. A:+P:000K of ae said orm o orrianvil e, Implement A€ent, OF THE SECOND PART. VIHEREAS by a Conveyance bearing even dote herewith the 'party :of the Sirs.t part has conveyed to the _arty of the second part-certain la rids.iri'the R'rn+n'oi` Bonna`:ville in`the-Cainty of~:'. Dui'l;:;ha being part of Lot Gne 1n Block N on z-e south<_rly side of Ianr Street, (pant of Ta.•;nchia.lot 12.in the first concession of . 'the TUpnsiiip •of ~ Ii¢rlington as; Shrnan on s plan made by' Jahn .rant P.Zw. and registered ion the 20th•day bf .ipril;-185'2}; - ~ ~ ~ ~~ :.PID ;Fc,*•.RE_;S with the eaecution and delivery of- such Con- veyance the party of the first part owns only the easterly nineteen feet eight. and one-half inches cf s>ad'loy.one in Block PI and Ll;e, ~•party of the second part erns the balznce cf said lot one and the ' ~ 'gore to the west thereof. :+17D ialIEREnS part of the dividing line bet:+een the lands of the s:~id parties is the centre line of the rest rrnll of the build- ing now stanaing on the easterly twenty feet ttivo and one-half inches o1 said lot one. Anll'1 ;+?~REdS :pith the ccnaent of tip tarty oP the SSrst part tcc rar`.,• c_` ...e second _zrt h~s used _.._ s ie :+^ll ~_ ~ ezstern r: c,ll c,r ~ b::ilci _--_ erec=ed b; .._^ oz :--- -..:_ _... _~. ._.., ..~~3i.--':S is erecti::~ ais said tu~1•.:•- -:. _ .._ of ~:e ---...~' _:rt 'Sa., at ...,, r=cues. c. ...... efit.. .ce ec..ce:., c: tin _erty of the first part .erected a stain•+a~ in the north-eagerly corner of his said building c+hieh by a docrrray in ~I:e building or,ned by tho party of the first part gives access ..o the upper ATTACHMENTuN0.~3 WD-16-96 t ~:9~ ,, _3^ giving to the.Llcensee anything more than periissibn to mar Lain the aforesaid eaiating encroachnents as above set out. 2• Thal the ezecutiou by the Licensee of this agreement ;; i; shall be without p: eJudice to any ribht r~hich ne my now have apart from this Agreement to mintain any of the slid encroach- I .I Ii menu Sa its present location, I + jl 3. That this agreement shall en:_e to the benefit of and be binding upon the raspeotive heirs adninistrators successors' ~ II and assigns of the parties hereto, ~ ii ZN P~fPP2TESS i7HERE0F the Corpou: tlon 'seas hereunto affiaed ~' :its Corporate Seal attested by the hands of Charles Gordon Dorris, ~I ~pp~Esquire, IWayor,end Aleok J. Lyle, Esquire, Clerk, its .proper ~~ i!officers in that behalf duly authorized. rt SI~TiEb:, `SEALED sad DF;I.TVERED) 'T~ 60RPORAPIOLt OE` fi>~ TO~t11 OF -. i. - - - - J ) BOiTi:iGllPILLE in the presence of 7 es to eaecut•ion b~ J'aaes '~aawt ~ ~..u ;~ ~ Honard Hanoock., ) ' /~ ~'~,~~~~ i i ~ < <' ~ Clerk. . is .... ~ ~ ~ ~ ~ ) `~ S.Ii: LI ~ ~ ~ >T~ ~~ :. ' ~~ v ;~ j ~ .. ~~ ~: i : . !i :. ;; . ;~. ii !' ~; ~; 3 ~J~~ ~. ___ -~ TBIS ;,CHIis;,;u;rC made in triplicate this eighth day of Octoher 1946, Between: Tfiw CORPCR9TION OF TETd T0~1P OF DOL'RdaIdVILLE hereinafter called The Corporation, ~; OF THE FIRST PdAT, J&:dES H05YARD HAHCOCK of the Town of • Bawmanville in the County of Durhea, Implement Agent, hereinafter oalled 'The Lioensee, OF T$E SECOI7D EyRT. G•h'EREAS the Lioensee is the registered owner of the lends and preaises in the Town of Boc+menville more particularly described as lot one in.block-H an. the southerly sid~,oP ILing Street and the go;e ~~ land immediate7:y yrest of .atki adjoining said lot' one. (part of Township lot twelve in-the first concession of the Tovmship of '•• ,Darlington as shrnvn on a plan made by John Grant, P.L.S. ffid regist- = •~• "Bred on the 20th dap of April 1852) save and except the easterl y nineteen'feet eight and one-half inches (19t8'~") of saifl sat one. Aim VtHCREAS there is erected on the said land a two storey ••,•: building vrhloh building encroaches on the higlmray shown on the said • plan as Scugo g Street (end nov+ known as Queen Street) as follows, • both of which encroaohments have eaisted for a long period and are ' - shown on the blue print of a survey made by F.J. Donavan, O.L.S., dated the first day of October, 1946, hereto attached: ,; Tha south-west corner of the Pront pert of the said ~~ ~~ building consisting of brick walls and a cement foundation encroaches one foot ten inches (110"). The scuts=zest corner of the rear part c° the said buiidic~ consistl:,~ of frame walls a::d a stone foundation encroac~~es five feet ::•:ree inches (5'3"). AND ;TrIGREF,S there is also erected oa the sai: lard a freae shad the south-west corner of v+hich encro~fa(c~hes nine feet (9') more or less. ~ " `' ___~._a a.. ai.,, nnrrnratlon -2- .. for permission to maintain the aforesaid existing enomaohmenta in -- their respeotive present positions during the respeotive lifetimes of the said buildings s~ for permission to rebuild the said frame shed on its present looation on the understanding that on being - given three months written notice, so to do by the Corporation he will forthwith remove so muoh of the said frame shed or any build- ing which has replaced it as enoroaches on said highw~. AT1D Ylf~RE,1S the .Corporation. by a resolution of !ts Couna.il on the 'seventh day of October, 1946, has.agreed to permit the Cleanses to maintain the aforesaid existing encroachments in their respeotive present positions during the lifetimes of the said bulld- .-ings and eo tar as the said frame shed is ooncerned as above.set out, subfect howevei to the exeoution by the Licensee of this agree- ment.and to. the covenants affilconditions hereinafter set forth.: NOYt~ TEEAEFORE ~T1~IS i,GAcF;:~PIT'Yt~TiIESS&fH tkiati' in, oo:lsSBer _ ` at ion of the premises and of the covenants and agreements herein- after reseeded and contained on the part. of .the Licensee to be ob= 'ob'served Pulfilled• drrl performed the::Gorpo;ation.hexeby granta'to • 'the Lioensee permission to maintain the aforesaid existing enorosoht ~• ments in their respective positions during the litetLaes of the said ' '- buildings and so far as the said frame s;:ed is concerned as above '•~~ set out_and in consideration thereof the Licensee hereby covenants " • and agrees with the Corporation as follows: ._.., 1. That in the event that the Corporation at any time enaob ~~~-- a By-Law levying an annual tax upon all encroachments of build- -~~• ings or other structures upon or over any high-r+ay street or lane in the Tavm of Bowmanville the Licensee will Prom time to time pay forthwith on demand whatever annual tax will be levied in respect of the aforesaid existing encroachments permitted as eforessid over and upon the said high::ey. 2. T:.at the Licensee v:111 liDOn be1:.3 c;:_a tree non:.."s~ written notioe by the Corporation ~o to do forth:;lth remove so much of the said frame shed or ary~ building ~~iich ..".~s repl=cad it as encroaches on the said hi~hv:ay. IT IS [RiDBRST00D AIiD .~GRSID by and between the parties hereto as follows: 1. That nothing herein contained shell1b{e~(o~opnstrued as I L31~ 7 -j- ally binding on any person except in respect of bresehes durin6 his seisin or title to the said lands. iiT:D IT IS JRT'rR 6GREr.D thst tivhenever any part of the said party wall or its extension shall be extended in height any injury , caused to such wall by such extension shall be made good at the expense of; the party making the extension. - ~ ~ ~ APID ~TS IS _~G~;ED that if the parties cannot a„ree to _arLy value 'above mentioned the amount thereof shall be referred to throe disinterested persons as valuators oP whom each party shall appoint one anfl these two shell appoint a third me fie_decision of the three said valuators or of any tyro of them Yn vrriting under their hands shall be binding on the parties, nRTD IT IS I'URT fat ;.GREED that Any wall built or rebuilt by virtue of •this egreementshall be. of-.good i•ie:teriels'.:sgd'~±o'rkmen- - ship and when built or rebuilt shall be and resin a warty c•+all. (j) The party oP the second .part hereby grants. to the party. ' ~`.of the first pait.hs heirs executors administrators-aqd assigns . es owners •of the said. longs now bvined by the slid 'party o.f .the first part (in cocwon with the said oarty of the second part hls . heirs executors anministrctors and assigns as cc:ners of the lands now rnvned by the said party of the second part his and their tenants servants end agents)for the tenants or occupants from ~,•~time to time of the upper floor of the building now standing :on the lands of the party of the first pert their servants and 'events the right to use the passageway and stairway nori in the ~.'~~north-easterly corner of the building standirt; on the lands of •••• the party of the second part as a street or front entrance to • the living apartments on the second floors of the buildings novr '.•o::::ed by the said ;arties. IT IS LG°~°_~ ...~_ ... _'_-- .. :hs secor._ - _rt _: ^^11 - - ~d °e]~ir -:5 .,Lim .. .___. --.a ~.__, t21n and :epzi: _.._ ..___ ~- -- _ a o. services as :. ce `ec`-====7 - ~~.. use of +he s;:id stair::ay p~sso;_e:ra~ and •_ntra::ce. THIS SGREEi.BNT small enure to the be.:efit of and be 1010 ~_ binding upon Lhe respective Heirs executors adainistrators and assigns of the potties hereto. IPI „ITYSS ~t!~~REOF the parties hereto 13.ve executed these presents.'. SIOI:ED, SE9LED and DELI7BRED ) ..i ~' in the presence oP ) i ~ / /~ ~/ ,~~~ L -.~ ~E ~_. -•W rxr - _ - February 9, 1996 Municipality of Clarington Public Works Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Jan O'Neill Dear Sirs: RE: Request to Enter into Encroachment Agreement to Permit Encroachment of Building on Southeast Corner of Queen and Ring Streets, Bowmanville Please accept .this letter as a request to enter into an Encroachment Agreement to permit parts of the building on the southeast .corner of Queen and King Streets to encroach onto the Queen Street road allowance. The encroachments currently exist and a reference plan is being drafted to identify the encroachments. As owners of the subject property, we agree to pay all costs associated with this transaction. Y rs truly, ~.-,--~ ~ Thomas White Owner Richard A1'exandre Owner pc: Patti Barrie, Clerk, Municipality of Clarington Gary Hanewich, Building Dept., Municipality of Clarington ATTACHMENT N0. 4 WD-16-96 1013