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THE CORPORATION OF THE
CITY OF PORT COQUITLAM

TO Igor Zahynacz DATE: May 29, 1992
City Engineer

FROM: Anne T. Pynenburg
Project Technician

SUBJECT: ENCROACHMENT OR ROOF OVERHANG - 1273 COUTTS PLACE

That the P.W.C, along with Council approve a request to allow a minor encroachment of a roof
overhang onto the storm/sanitary sewer Right of Way over a portion of the lot at 1273 Coutts
Place provided that the owner agrees to register a Restrictive Covenant at his own expense and
that in the event of a need to repair the sanitary sewer or storm sewer that any damages to the
property resulting from repair work will be at the owner’s expense.

Attached is a letter from Jim and Elaine McFegan providing information regarding a survey
done on their property on August 31, 1989 by Goudal and Associates. A telephone converstaion
with Goudal & Associates confirmed that the survey was done in August 1989. The easement
was proposed but was not registered with Land Titles until September 7, 1989.

I have consulted with the Building dept. as to whether or not the McFegan’s were aware of the
R/W on their property. Documentation is included to show that the McFegan’s signed building
permits, wrote 4 letter applying for a variance and were cited for R/W encroachment during
framing construction to confirm that they were aware of the easement encroachment.

Attached please find documentation regarding an instance where a R/W encroachment was
evident. This was at 1619 Renton Ave. where a waiver agreement was drawn up by our lawyers
to transfer property damage responsibility to the homeowner ua the event that damage results
during repair work to service mains.(See letter to Mr. Pearce, Pearce Developments)

A similar agreement could be drawn up regarding 1273 Coutts Place.

CITY OF PORT COOUITIAN Anne T. Pynenburg = /)

ENGINEERING DEPT. Project Technician

; JUN - + 1992

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