Item - 2012.TE12.92

The Toronto and East York Community Council:

1.         Approved the request for the owner(s) to enter into an encroachment agreement with the City of Toronto to construct and maintain an overhead bridge that will encroach over Block 22, 66M-2473, the future public right of way and connect two new residential buildings to be constructed on Blocks 3 and 4, 66M-2473,  agreeing to but not limited to the following:

a.         indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted and providing of an insurance policy for such liability for the lifetime of the Agreement(s) in a form as approved by the Deputy City Manager and Chief Financial Officer and in the amount not less than $10,000,000 or such greater amount as the Deputy City Manager and Chief Financial Officer may require;

b.         design, construct and maintain the bridge as necessary at their own expense in good repair and in a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement;

c.         design and construct the bridge connection to comply with the Canadian Highway Bridge Design Code (CAN/CSA) for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors;

d.         design and construct the bridge to comply with the minimum vertical underside clearance of 5.3 m as per the Canadian Highway Bridge Design Code (CAN/CSA);

e.         pay for the costs of preparing the Agreement and the registration of the Agreement(s) on title;

f.          pay an annual rental fee for the overhead bridge connection as determined by the Director of Real Estate Services;

g.         obtain approval for associated work from the Toronto Building Division, if required;

h.         provide as-built drawings within 60 days of completing the construction of the bridge to Survey and Mapping, Attention: Utility Mapping Supervisor, 18 Dyas Road, 4th Floor, Toronto, Ontario, M3B 1V5;

i.          limit the life of the Agreement to the removal of the encroachment or the date of the demolition of the building on Block 3 or Block 4, 66M-2473 or the parking facility, whichever occurs first;

j.          the Agreement will provide that it will come into legal force and effect upon the conveyance of Block 22 to the City as public right of way; and

k.         accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

2.         Directed Legal Services and/or the General Manager of Transportation Services to extend the Encroachment Agreement to the new owner, in the event of sale or transfer of the property abutting the encroachment, subject to the approval of the General Manager of Transportation Services.

3.         Requested Legal Services to prepare, execute and arrange to register the Encroachment Agreement.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. 

Transportation Services has assessed a request from the owner and developer of Blocks 3 and 4 of the West Don Lands, Phase 1 development plan, to enter into an encroachment agreement for the construction and maintenance of a multi-level overhead pedestrian bridge which will encroach over Block 22, 66M-2473.  This is a future public right of way.  The proposed bridge will connect two new buildings to be constructed on Blocks 3 and 4, 66M-2473, at the rear of 635 King Street East.

As the proposed bridge will not impact negatively on the future public right of way, Transportation Services recommends approval of the future encroachment.