the drain and for spoils disposal, and the illegal existing encroachment makes this maintenance and disposal more challenging and expensive for the general rate, [therefore] denial of this r equest is needed.”
Drain maintenance has not been completed within the last 7 to 10 years. The working area is already reduced with the Sixth Concession Road overpass adjacent to the properties. Pictures of the drain and fences are attached in Appendix ‘A’.
If the encroachments are approved, the following requirements shall be agreed upon, by the applicants, in addition to the general requirements of an encroachment agreement:
- The Licensee further covenants and agrees to indemnify the City of any damage to the encroaching objects due to the maintenance of the 5 th Concession Drain.
- The Licensee further covenants and agrees to assume the responsibility and to pay for any additional costs or charges which the Corporation, EnWin Utilities Ltd., The Windsor Utilities Commission, Union Gas Limited, Cogeco Cable Systems Inc. or Bell Canada, and their respective successors and assigns, may reasonably incur in the future drain maintenance work by reason of such encroachment and the payment of such costs may, in the discretion of the Corporation, be enforced in the same manner as property taxes payable in respect of the Schedule “A” lands.
Please note that the small wooden bridge over the municipal ditch is not part of the encroachment and as such, removal is required.
Risk Analysis:
Liability risks are standard with any encroachment and are generally mitigated by transferring the risk to the property owner through the terms of the Encroachment Agreement however; there are financial and liability risks associated with allowing the encroaching fence and shed. The fence could be damaged during maintenance of the drain and there is high likelihood of additional cost incurred to clean and maintain the 5 th Concession Drain.
Financial Matters:
If approved, the calculated encroachment fee according to M67-2015 results in a one-time encroachment fee as per Schedule A.
The status of fees and deposits are summarized in the table below:
| Application fee | $229.25 |
| Legal agreement preparation | $336.60 |
| Surcharge under M67-2015 | $102.00 |