February 3, 1998

To: North York Community Council

From: Alan Wolfe, P. Eng.,

Commissioner of Public Works, North York Office

 Subject:QUIT CLAIM OF EASEMENTS

1. 204 RICHARD CLARK DRIVE - BLACK CREEK (WARD 7)

2. 357 HOLLYWOOD AVENUE - NORTH YORK CENTRE (WARD 10)

3. 5 GLEN PARK AVENUE - NORTH YORK SPADINA (WARD 8)

Purpose:

To Quit Claim Easements at:

1.204 Richard Clark Drive - Instrument No. NY109216.

2.357 Hollywood Avenue - Instrument No. NY391249.

3.5 Glen Park Avenue - Instrument No. TB453524.

Source of Funds:

Legal costs to be charged to North York Surveys and Land Acquisition Account.

Recommendations:

It is recommended that:

1.The City easements at the following locations be quit claimed subject to the City assuming no liabilities for any of the physical services (pipes) within the easements:

i)204 Richard Clark Drive - Instrument No. NY109216.

ii)357 Hollywood Avenue - Instrument No. NY391249.

iii)5 Glen Park Avenue - Instrument No. TB453524.

2.The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

1.204 Richard Clark Drive - Instrument No. NY109216.

The purpose of easement as per Instrument No. NY109216 (registered September, 1949) was originally intended for surface drainage of runoff from lands north of the subject site. Over the years, these lands have been developed to include roads with storm sewers. These storm sewers have, for all purposes, intercepted the storm runoff from the north. The intent of this easement is now obsolete. The owner is requesting a quit claim. The Deparment has no objections to the quit claim request.

2.357 Hollywood Avenue - Instrument No. NY391249.

The purpose of easement Instrument No. NY391249 was for a storm sewer and storm drainage as registered in August, 1962. Consequently by 1984, the storm sewer was abandoned by the City. The owner is requesting a quit claim. The Department has no objections to the quit claim request subject to the owner=s agreement that the City shall not be liable for the pipe within the easement after quit claim.

3.5 Glen Park Avenue - Instrument No. TB453524.

Hollaman Road was closed and a portion of the closed road was sold to Congregation Habonim of Toronto in 1987. The Deed to Congregation Habonim of Toronto included a sanitary easement in favour of the City. The North York Water and Sewer Section has confirmed that the sanitary sewer within this easement can be abandoned. Congregation Habonim of Toronto is requesting a quit claim for expansion purposes. The Department has no objections to the quit claim request subject to the owner=s agreement that the City shall not be liable for the pipe within the easement after quit claim.

Conclusion

North York Public Works has reviewed and investigated the requests for quit claims for the above locations and has determined that the subject easements are no longer required for City servicing purposes. Therefore, North York Public Works has no objections to quit claiming these easements subject to the City not assuming any further liability to the services within the easement.

Contact Name and Telephone Number:

Stan Bertoia, P. Eng.

Director of Engineering

Telephone No.: 395-6235

Fax No.: 395-6200

Alan Wolfe, P.Eng.

COMMISSIONER

HQ/ld

Attach.

    (U:\USERS\LDSOUZA\WPDATA\REPORTS\QUITCLM)

CITY CLERK

Clause embodied in Report No. 2 of the North York Community Council, as deferred by the North York Community Council at its meeting held on February 18, 1998.

  32(g)Quit Claim of Easements - 204 Richard Clark Drive - Ward 7 - Black Creek;

357 Hollywood Avenue - Ward 10 - North York Centre; and

5 Glen Park Avenue - Ward 8 - North York Spadina.

The North York Community Council reports having concurred with the following report subject to the Quit Claim Easement for 5 Glen Park Avenue being deferred and considered at the next meeting of the North York Community Council scheduled to be held on April 1, 1998:

(February 3, 1998) from the Commissioner of Public Works, North York, recommending that the City easements at the subject locations be quit claimed subject to the City assuming no liabilities for any of the physical services (pipes) within the easements.

CITY CLERK

Clause embodied in Report No. 4 of the North York Community Council, as deferred by the North York Community Council at its meeting held on April 1, 1998.

   42(e)Quit Claim Of Easement - 5 Glen Park Avenue - North York Spadina.

The North York Community Council reports having deferred consideration of the following report as it relates to 5 Glen Park Avenue until its next meeting scheduled to be held on May 6, 1998, in order that Councillor Moscoe may consult with the Synagogue:

(February 3, 1998) from the Commissioner of Public Works recommending that the City easements at 204 Richard Clark Drive, 357 Hollywood Avenue and 5 Glen Park Avenue be quit claimed subject to the City assuming no liabilities for any of the physical services (pipes) within the easements.