County of Essex enters into easement agreement with Jack’s Organics
The County of Essex has entered into a servicing, encroachment and easement agreement with Jack’s Organics and Southern Aqua.
County council authorized the warden and the clerk to execute the agreement as part of the Sept. 2 meeting. According to a report from the county’s director of infrastructure and planning services Marissa Mascaro Amyotte: “The Property Owner and Road User approached the County about the installation of the Water System under County Road 20 to support its greenhouse operation, as it is the only viable way to connect the Water System to the Detroit River. The construction of the Water System under County Road 20 is contingent on the Property Owner and Road User providing proof that they have obtained all necessary approvals to access the water source in the Detroit River and that they have obtained all necessary approvals from the Town of Amherstburg. The County has historically permitted the installation of infrastructure under and/or along County Roads for industrial and agricultural needs, provided that the Road User enters into an agreement with the County in the County’s standard form. As such, entering into an Agreement with the Property Owner and the Road User is in keeping with the County’s past practice.”
Mascaro Amyotte’s report added: “County Administration has agreed in principle, subject to County Council approval and proof that all other approvals have been obtained, that the installation of the Water System should be permitted.”
There are no direct financial implications to the County of Essex, she added, but she cautioned the county should be aware that private infrastructure within the county road allowance can create future maintenance, operational, restoration and liability risks.
“These risks are mitigated through the Agreement, which requires the Property Owner, Road User, and/or any subsequent owner or operator of the Water System to be responsible for all related costs, repairs, insurance, indemnity, restoration, and any future removal or relocation requirements,” the report stated.
Amherstburg Mayor Michael Prue compared it to when the county allowed Walker Aggregates to go under a county roadway, in this case County Road 9 (Howard Ave.). He said that was a success as “that saved a whole intersection. It allowed their trucks to go under to the two parts of their quarry and it was seamless. It happened very quickly, they did a good job, and I’m sure Jack’s will do the same.”
County of Essex enters into easement agreement with Jack’s Organics
By Ron Giofu
Comments