THE CORPORATION OF THE CITY OF PORT COQUITLAM 12 1993 ~ COUNCIL MEMORANDUM B.R. Kirk DATE: July 8, 1993 City Administrator IR. Zahynacz, P. Eng., FILE: PWC City Engineer PROPOSED ENCROACHMENT AGREEMENT - MUNICIPAL RIGHT OF WAY ON NORTH SIDE OF FLORA PLACE ADJACENT TO {538 ELINOR CRESCENT (Public Works Committee Meeting of July 6, 1993) RECOMMENDATION: That Council authorize His Worship the Mayor and the City Clerk to execute the attached Section 215 Covenant between the owners of 1638 Elinor Crescent and the City of Port Coquitlam with regards to an encroachment over the boulevard on the north side of Flora Place. BACKGROUND & COMMENTS: Several years ago the owner of 1538 Elinor Crescent constructed a swimming pool on his property which encroaches approximately 1.5 feet onto the north boulevard on Flora Place. Also, there is a portion of a patio and landscaping which also encroaches onto to the boulevard as shown on the attached plans. New owners have purchased this property from the original owner and have inherited the problem of the encroachment onto the boulevard. Pursuant to negotiations between the City and the new property owners during 1992 and 1993, the owners of the property have agreed to enter into the attached Section 215 Covenant for an encroachment agreement. This agreement requires the present owners, prior to the sale of the land to either remove the works within the encroachment area unless, prior to the sale, the purchaser of the land enters into an agreement satisfactory to the City. This agreement has been reviewed by the City Solicitor. ot SELES) ge IR.Z City Engirfeer IRZ:ck Attachments