Item - 2022.GL30.9

The General Government and Licensing Committee recommends that:

1. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, a Project Delivery and / or License Agreement with Enbridge Gas Incorporated. for the relocation of the Station Box within Jay Macpherson Green, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.

2. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete the relocation of the Station Box on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation in a form satisfactory to the City Solicitor.

3. City Council approve an amendment to Parks, Forestry and Recreation's 2022-2031 Council Approved Capital Budget and Plan to create a new capital sub-project known as Jay Macpherson Green Station Box in the Parks Development project, with a project cost and cash flow of $900,000 in 2022, fully funded by Section 37 funds received from 836-850 Yonge Street and 1-9A Yorkville Avenue (Account XR3026-3700722) subject to entering into a Project Delivery and / or License Agreement with Enbridge Gas Incorporated to that entity to fund the relocation of the Station Box within Jay Macpherson Green.

4. City Council authorize the City of Toronto to grant a Permanent Easement to Enbridge Gas Incorporated for the Station Box over the City-owned parcel of land described in Appendix A to the report (April 14, 2022) Report from the Executive Director, Corporate Real Estate Management and the General Manager, Parks, Forestry and Recreation, (the "Easement Lands"), for the nominal sum of Two Dollars ($2), and on such other terms and conditions as may be satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority to enter into a Project Delivery and/or License Agreement and to grant a permanent easement to Enbridge Gas Incorporated ("Enbridge") for nominal consideration for the relocation of a natural gas district station (the "Station Box") located on the south side of Avenue Road and Macpherson Avenue. This authority is required to implement 2018 Council direction to relocate the existing Station Box from its current location in the right-of-way to the rear (south-east corner) of Jay Macpherson Green, an adjacent City-owned park located at 255 Avenue Road.

The large, above-ground Station Box was installed in 2017 and is located within an area of the right-of-way which functions as the frontage of Jay Macpherson Green. Local residents have raised concerns with its location and the resulting visual obstruction of the park frontage. The Station Box will be relocated to the rear of the park in a less visible location, which will improve the local streetscape and park frontage. 

In order to relocate the Station Box in the park, Enbridge requires a permanent easement over a portion of the parkland (the "Easement Lands"). In 2019, Council approved the amendment of the Official Plan to allow for the establishment of a permanent easement and enable such a disposition of City-owned land.

Enbridge is willing to complete this work provided that costs are largely borne by the City. By means of this report, staff are seeking authority to pay for the majority of relocation costs through Section 37 funds, with the balance to be contributed by Enbridge.