On December 14th, Councillor Kavanagh and City staff hosted an information session on the decision taken concerning the Nesbitt river access and Right-of-Way.
Decision
Staff have completed their review of the history and use of the City’s Right of Way adjacent to 2 Nesbitt and the concerns regarding the confusion of public versus private property. Based on this review, the City has decided the following:
- Bollards will be installed to delineate the private and public property surrounding the water access adjacent to 2 Nesbitt. The attached plan shows where the bollards will be installed. The aim is to have them installed this Fall. Jim Lethbridge will be coordinating the installation of the bollards and can provide the anticipated timeline for installation.
- The private property sign located on the rock wall is not in contravention of any by-laws and as such can remain in its current location.
- The landscape encroachments adjacent to 2 Nesbitt (see attached) will be permitted to remain in place. No further encroachments will be permitted in the City’s ROW at this location. In order for the encroachments to remain, the Lennoxes will be required to enter into a Maintenance and Liability agreement that will be registered on title for the existing encroachments; consistent with other landscaping encroachments City wide.
These next steps will ensure clear delineation of public and private property, a formal agreement for longstanding landscape encroachments while supporting unobstructed water access to the general public.
Rational
- The bollards and signage address the concern of what is public vs. private property
- Beautification of City ROWs is supported across the City
- The subject landscape features and rock wall are established – ~ 20 years
- The rock wall and landscaping do not impede the public’s use of the water access at this location
- The retaining wall and landscaping do not interfere with City operations
- The abutting owners have committed to entering into a formal agreement with the City
- The location of the right-of-way/water access containing the subject landscape elements including large sections of armour stone is located within the 1/100-
