Item - 2025.NY27.8

North York Community Council:

1. Authorized the City to enter into an encroachment agreement with 4800 Yonge Limited, to permit 4800 Yonge Limited, to construct, maintain, repair and operate a publicly accessible underground pedestrian tunnel connection, located underneath the west side of Yonge Street and south of Sheppard Avenue West, connecting 4800 Yonge Limited’s Lands and Toronto Transit Commission’s Sheppard Subway Station, as shown in Attachments 1 and 2 (the “Tunnel Connection”) to the report (September 30, 2025) from the Director, Street Permits, Transportation Services, substantially on the major terms and conditions set out in Attachment 3 to the report (September 30, 2025) from the Director, Street Permits, Transportation Services, and including such other terms and conditions or such amendments to the major terms and conditions set out in Attachment 4 to the report (September 30, 2025) from the Director, Street Permits, Transportation Services, as deemed appropriate by the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.

2. Requested the General Manager, Transportation Services to enter into the encroachment agreement with 4800 Yonge Limited. In the event of a sale or transfer of 4800 Yonge Limited’s Lands, 4800 Yonge Limited shall first obtain the prior approval of the General Manager, Transportation Services, and in all cases 4800 Yonge Limited shall arrange for the transferee or assignee to enter into an assumption agreement with the City to assume the obligations under the encroachment agreement, as well as the obligations under the construction and licence agreement for the portion of the Tunnel Connection on City owned lands, in form satisfactory to the City, as if the transferee or assignee are the original party to the encroachment agreement.

3. Requested the General Manager, Transportation Services to explore the feasibility of extending the signal timing at Poyntz Avenue to accommodate pedestrian crossings during any sidewalk closures at Yonge Street and Sheppard Avenue.

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

The registered owners of the property, 4800 Yonge Limited (the “Owner”), has submitted an application for the property municipally known as 4800 Yonge Street (the “Owner’s Lands”) to construct a subsurface pedestrian Tunnel Connection under Yonge Street (“Public Highway”) which lies between the owners’ new development at the Owner’s Lands and Toronto Transit Commission’s Sheppard Subway Station, which will encroach within the public right-of-way. The tunnel will be accessible to the public during the operating hours of Toronto Transit Commission’s Subway System.

The purpose of this report is to seek Community Council authorization to enter into an encroachment agreement with the Owner to permit the construction of the tunnel connection under the Public Highway.