Item - 2019.EY9.19

Etobicoke York Community Council:

1.  Approved the request to maintain the existing conduit that will be located beneath the future Haynes Avenue public road allowance, with the following terms and conditions:

a. The property owner(s) shall, at their own expense, enter into an encroachment agreement with the City of Toronto on terms and conditions satisfactory to the General Manager of Transportation Services and the City Solicitor, including the following:

i. The property owner(s) shall assume all liability and damagers related to the encroachment and release and indemnify the City with respect to any claims in relation thereto.

ii. The property owner(s) must retain valid property insurance for the duration of the encroachment installation within the right-of-way in an amount and with coverages satisfactory to the General Manager, Transportation Services and must comply with all insurance and indemnity requirements of Chapter 743 of the City of Toronto Municipal Code, sub-section 23.

iii. The property owner(s) shall agree that the City and/or utility companies may remove the encroachment at any time in order to install or maintain services within the affected public right-of-way with no obligation to replace the encroachment.

vi. The property owner(s) shall remove the encroachment, if required by the General Manager, Transportation Services, at any time and restore the public road allowance to the satisfaction of the City and in accordance with Article VII of Chapter 743 of the City of Toronto Municipal Code.

v. The City shall not be responsible for repairing or replacing any portion of the encroachment that is damaged as a result of clearing or removing litter, graffiti, posters, snow, ice, or as a result of street repairs or reconstruction.

vi. The property owner(s) shall pay all applicable fees specified in Chapter 441, Fees and Charges of the City of Toronto Municipal Code.

vii. The property owner(s) shall pay all costs associated with preparing the Encroachment Agreement;

viii. If considered appropriate, the City may require that the property owner(s) register notice of the Encroachment Agreement on title to the property, at their own expense to the satisfaction of the City Solicitor.

ix. The property owner(s) agree to comply with all other terms and conditions identified by the General Manager, Transportation Services in a form acceptable to the City Solicitor.

2.  Authorize the General Manager, Transportation Services to negotiate, enter into and execute the encroachment agreement with the property owner(s) as described under Part1 above.

This staff report is regarding a matter for which Etobicoke York Community Council has delegated authority from City Council to make a final decision.

Transportation Services is requesting authority to enter into an encroachment agreement for the maintenance of an existing below-grade conduit that is currently located on private property.  A portion of the conduit will be located within the future Haynes Avenue public road allowance once the subject lands are dedicated as public highway. 

The conduit encroachment is associated with the York University Block 'C' development, which is located at the southeast corner of The Pond Road and Sentinel Road.  The Block 'C' development proposes the construction of 437 student housing units, ancillary retail uses and the north-south extension of Haynes Avenue, from The Pond Road to Assiniboine Road.   

This report recommends that Etobicoke York Community Council approve the request to maintain the portion of the existing below-grade conduit that will be located within the future Haynes Avenue public right-of-way and enter into an encroachment agreement to the satisfaction of the General Manager, Transportation Services and the City Solicitor.  Transportation Services has no concerns with the conduit encroachment as it will not negatively impact the public road system.