March 17, 1998
To: Corporate Services Committee
From: Barry Gutteridge, Commissioner, Works and Emergency Services
Subject: 600 Queens Quay West - Acquisition of Trunk Sewer Easement (Ward 24 - Downtown)
Purpose: To acquire an Easement for the operation, maintenance and reconstruction of an existing trunk sewer located within 600 Queens Quay West, Toronto.
Funding Sources, Financial Implications and Impact Statement:
N/A
Recommendations:
It is recommended that:
(1) authority be granted to acquire easement rights for nominal consideration from the owner of the land designated as Part 4 on Registered Plan 63R-4555 (Part 4), within the land municipally described as No. 600 Queens Quay West, for the purpose of operating, maintaining, reconstructing or enlarging the existing trunk sewer located within the property in accordance with the terms and conditions outlined in this report and any additional terms and conditions the City Solicitor or I consider necessary; and
(2) the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.
Council Reference/Background/History:
N/A
Comments and/or Discussion and/or Justification:
By letter dated January 21, 1998, the City was given notice by 600 Queens Quay Limited that it had applied to have its property registered under the Land Titles Act. The City was served with the application pursuant to a statutory requirement that abutting land owners be notified when land is to be entered into the Land Titles system.
In reviewing the application, it was discovered that the City never acquired a Transfer of Easement from the owner of the property for the trunk box sewer constructed by the Toronto Harbour Commissioners in 1918, located within Part 4 as indicated on the Sketch Plan No. EAS-491. This trunk box sewer forms part of the outlet for the Garrison Creek Sewer System. In order for the City to carry out future operation, maintenance, reconstruction, or enlarging of the sewer, it is necessary that easement rights be acquired from the owner of the property.
In preliminary discussions initiated by the City Solicitor, the owner of the property has indicated that it is prepared to grant an Easement to the City over Part 4.
Accordingly, I request that authority be given to acquire a Transfer of Easement from the owner of Part 4 for the maintenance, repair, reconstruction, or enlarging of the existing trunk box sewer, containing the following terms and conditions and any others that the City Solicitor or I may determine to be necessary:
1) The City shall have the right of access to the easement lands at any time to operate, inspect, maintain, reconstruct, or enlarge the sewer;
2) No buildings or structures shall be constructed within or over the easement lands without the prior written approval of the Commissioner of Works and Emergency Services, except for buildings and structures existing or approved prior to the execution of the easement agreement;
3) No utilities shall be located within the easement lands without the prior written approval of the Commissioner of Works and Emergency Services, except for any utilities that existed prior to execution of the easement agreement ; and
4) Every time the City exercises its easement rights, the lands shall be restored to a condition as close as possible to the condition existing prior to the work.
Conclusions:
Approval should be given to acquire easement rights and enter into an easement agreement as described above.
Contact Name and Telephone Number:
W. Wichmann, P.Eng., City Engineer
Former City of Toronto
Toronto Community Council Area
Phone (416)392-7703
Fax (416)392-0816
E-Mail Awwichman@city.toronto.on.ca@
