July 7, 1998

 To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:Proposed Encroachment on City Sewer Easement

1666 O'Connor Drive, City of Toronto

(Ward 11 - Don Parkway)

 Purpose:

 To seek authority to enter into an Encroachment and Indemnity Agreement with Petro-Canada to permit Petro-Canada to construct a shoring wall within an existing City easement, subject to Petro-Canada complying with any applicable terms and conditions of the existing easement agreement.

 Funding Sources, Financial Implications and Impact Statement:

 Petro-Canada shall pay to the Works and Emergency Services Department the amount of $1,500.00 and to the Corporate Services Department the amount of $550.00, to cover the cost of necessary technical review and administration. In addition, in view of additional costs that the City may incur for infrastructure maintenance, repair and replacement due to possible interference of the encroachment with the City's works, Petro-Canada has agreed to bear any such costs in perpetuity.

 Recommendations:

 It is recommended that:

(1)authority be granted to enter into an Encroachment and Indemnity Agreement with Petro-Canada on terms and conditions necessary for the protection of the City's interests and satisfactory to the Commissioner of Works and Emergency Services and the City Solicitor, subject to Petro-Canada complying with any applicable terms and conditions of the existing easement agreement; and

 (2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

 Council Reference/Background/History:

 To facilitate redevelopment of its former retail outlet located at 1666 O'Connor Drive, Petro-Canada proposes to construct a shoring wall on its own land to facilitate the excavation and removal of any contaminated soils from the site. Part of the shoring wall will encroach onto the 50 foot wide easement area for the Sunrise Storm Trunk Sewer and local sanitary sewer.

Jacques Whitford Environment Limited, consultant for the proposed excavation program, has requested the City's approval to install the proposed shoring wall and leave it in place on Petro-Canada's lands and within the City's easement area upon completion of excavation.

 Comments and/or Discussion and/or Justification:

 The excavation will reach to a depth of generally 20 to 25 feet below grade. The proposed shoring wall will be no closer than 5 feet away from the 15 foot deep local sanitary sewer and further away from the 20 foot deep Sunrise Storm Trunk Sewer. It will be comprised of H-pile and timber lagging with raker supports. The piles will be installed using a caisson drill rig.

 Works and Emergency Service staff have advised the proposed shoring method is consistent with general practices in tight situations and deep excavations. Settlement, creeping or movement of soils behind the wall should be negligible during and after the removal of the wall if backfilling is properly engineered. However, in many cases, it would be more practical and entail fewer risks to leave the shoring wall permanently in place on the Petro-Canada owned property. Therefore, staff see no practical reasons to require the removal of the shoring wall, provided that Petro-Canada enters into an encroachment and indemnity agreement to save the City harmless from any property damage and liability that may result from the excavation work and existence of the wall. The agreement will also include terms requiring Petro-Canada to pay for any additional costs of repairs, lateral connections and replacement of the sewers that the City may incur due to the encroachment.

 Conclusions:

 The proposed encroachment into the City easement is required for environmental clean up and will have a minimal impact on the City's sewers and easement interest and I recommend that it be permitted subject to the terms set out above and subject to Petro-Canada paying the costs for technical review and administration.

 Contact Name:

 Mr. Victor Austin, Manager of Real Estate (416)392-8164 Fax No.: (416)392-4828 E-Mail Address: vaustin@city.toronto.on.ca (cs98131.wpd)

 Margaret Rodrigues

Commissioner of Corporate Services