September 4, 1998
To:North York Community Council
From:Dev Tyagi, P. Eng.
Director, Engineering Services
Districts 3 & 4
Subject:Sewer - 2901 Bayview Avenue
Quit Claim of Eastment
Registering of Easement
North York Seneca Heights (Ward 12)
Purpose:
The purpose of this report is to respond to a request brought forward by D.S. Lea Associates Limited, engineering
consultants for the owner, Orlando Corporation, to relocate an existing storm sewer in easement.
Source of Funds:
All costs to be paid by applicant, Orlando Corporation.
Recommendations:
It is recommended that:
1. Council approve the proposal to relocate the subject storm sewer subject to the conditions described.
2. The existing easement for the section of storm sewer to be abandoned be Quit Claimed.
3. A 7.62m new easement be granted to the City by the property owner and registered on title for the sections of storm
sewer to be relocated.
4. The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
The Works and Emergency Services Department has received a written request from D.S. Lea Associates Limited, on
behalf of Orlando Corporation, the property owner at Bayview Village - 2901 Bayview Avenue, to consider the relocation
of an existing storm sewer in easement that is situated on private property and in conflict with a proposed parking garage
structure. The parking structure is being proposed to accommodate parking requirements for the forthcoming site plan
application for a retail proposal on site.
As the time required to have the necessary storm sewer works designed, approved by the appropriate authorities, tendered
and constructed will have a major impact on the development proposal, authority to proceed with the sewer relocation
works, quit claim the existing easement and obtain a new easement prior to the site plan application process is being
brought to Council for approval.
Discussion:
The proposed sewer work involves the relocation of approximately 155m of 1.2m x 2.4m box culvert and is estimated to be
$380,000.00. The storm sewer is part of the Wilket Creek Trunk Storm System.
The proposed relocation will necessitate that parts of the existing easement for the section of abandoned storm sewer be
quit claimed and a new easement be registered for the relocated sections of the storm sewer.
This department would agree to the proposed sewer relocation work subject to the following conditions:
1. An irrevocable letter of credit representing the cost of the works in the amount of $380,000.00 plus 3% engineering fee
in form satisfactory to the Finance Department and Legal Department being deposited with the City.
2. D.S. Lea Associates Limited, consultant engineers for the property owner, Orlando Corporation, obtain all required
approvals and certify that all works have been constructed in accordance with all City Standards and Specifications and
provide "as constructed" drawings to the City.
3. The property owner, Orlando Corporation, provides and pays for the new easement documents to the City.
4. The property owner, Orlando Corporation, indemnify and save harmless the City from and against all claims, demands,
loss, costs, damages, actions, suits or other proceedings by whomsoever made.
5. All other City requirements for the administration of the construction be satisfied.
Conclusion:
The proposal to relocate the existing storm sewer in easement prior to site plan approval can be accommodated subject to
the noted conditions.
Contact Name and Telephone Number:
Raffi Bedrosyan, P. Eng.
Chief Development Engineer
Tel. (416) 395-6307
Fax. (416) 395-0349
e-mail: rbedrosy@city.north-york.on.ca
Dev Tyagi, P. Eng.
Director, Engineering Services
Districts 3 & 4
GM/er
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