Tem­po­rary en­croach­ment agree­ment ap­proved for Thorold Rd. home­owner

City of Wel­land will­ing to work with res­i­dent

The Welland Tribune - - Front Page - DAVE JOHN­SON

Wel­land will work with a Thorold Road home­owner on an in-per­pe­tu­ity en­croach­ment agree­ment to ac­com­mo­date the sale of his home.

Wolf­gang Guem­bel was be­fore city coun­cil last week to ask the mu­nic­i­pal­ity to sell him a piece of piece of prop­erty that en­croaches on the Dou­glas Av­enue road al­lowance. His home sits on the north­east cor­ner of the in­ter­sec­tion.

A re­port from city staff said the home ex­tends about 0.25 me­tres into the road al­lowance, while a fence and pa­tio area ex­tend roughly 2.2 me­tres into it.

Guem­bel told coun­cil when he and his wife pur­chased the home in 2011 they were un­aware it en­croached on city prop­erty. It was only af­ter ren­o­vat­ing the home and get­ting it ready to put on the mar­ket that they found out there was an is­sue.

At last week’s meet­ing, he said if the city couldn’t sell him the piece of prop­erty, he’d be happy with an in-per­pe­tu­ity en­croach­ment agree­ment and the ex­clu­sion of $5 mil­lion cross-li­a­bil­ity in­sur­ance with the city.

Staff was asked to come back with a re­port at that meet­ing.

Tues­day night, Erik Nickel, Wel­land’s gen­eral man­ager of in­fra­struc­ture ser­vices/, said the re­quest was re­viewed and the city was pre­pared to work on an

in-per­pe­tu­ity en­croach­ment agree­ment. Un­til that was com­pleted, he said the city would put a tem­po­rary agree­ment in place.

The staff re­port was passed in block, with­out be­ing iso­lated from the coun­cil agenda for dis­cus­sion.

But Ward 4 Tony DiMarco asked if there was any way coun­cil could over­look that and bring it back so he could speak to it.

“I over­looked it,” said DiMarco, as the re­port was a last-minute ad­di­tion to the agenda.

Mayor Frank Cam­pion said while he sym­pa­thized with DiMarco, the re­port had al­ready been passed.

“I think it will sat­isfy him,” he said of the re­port in re­la­tion to Guem­bel.

Ward 4. Coun. Pat Chioc­chio asked if the re­port had been dis­cussed with the home­owner, but Cam­pion stopped him.

“It can’t be dis­cussed, that ship has sailed past us,” the mayor said, adding the re­port was added last minute to ac­com­mo­date the sale of the home.


The City of Wel­land has set a tem­po­rary en­croach­ment agree­ment with Thorold Road res­i­dent Wolf­gang Guem­bel to help ac­com­mo­date the sale of his home.

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