THE CORPORATION OF THE C 0 CITY OF PORT COQUITLAM JAN 27 1986 MEMORANDUM TO: irk January 23, 1986 &. Peters, P. Eng., ty Engineer FROM: F., Ci SUBJECT: Right of Way Agreement for chimney on Lot 4 Plan 69634 - Public Works Committee - January 21, 1986 Recommendation That the attached Agreement between Livio Developments Limited and the City of Port Coquitiam be approved and that the City Clerk be authorized to affix the Corporate seal thereto. Background and Comments During the construction of homes In the new subdivision of March Place, a builder has encroached about 15 inches into a Right of Way which is retained by the City for santtary sewer. This encroachment consists of a chimney, cantilevered over ‘the Right of Way at a height of about 8 feet above ground level. The house has been sold and removal of the chimney would be difficult. In lieu of removal, the owner has agreed to register a covenant against the property which releases the City from any claim or suit arising from damage to the chimney in the future while the City is exercising its rights on the Right of Way. The location of the chimney fis such that it would not unduly interfere with work on the Right of Way should such become necessary. The Committee recommends that this solution be adopted. Wis -(& F.E.i Peters ao City Engineer FEP/kIn . . Attachment