September 4, 1998

TO:North York Community Council

FROM:Dev Tyagi, P. Eng.

Director, Engineering Services

SUBJECT:State Development Corporation (Hillside at York Mills)

Applications UDOZ-94-11 and UDSP-96-27 (Revised)

18 William Carson Crescent

Registering of Easement and Lowering of William Carson Crescent Cul-de-sac

North York Centre South - Ward 9

Purpose:

The purpose of this report is to request:

1. Council's authority for the City to enter into an easement and right-of-way agreement with the owner for the installation and maintenance access of a municipal storm sewer on the property at 18 William Carson Crescent, and

2. Council's direction regarding the owner's request to lower the existing cul-de-sac at the north limit of William Carson Crescent.

Funding Sources:

All costs to be paid by the owner, State Development Corporation.

Recommendations:

It is recommended that:

1. A 6.0 metre wide easement for a proposed municipal storm sewer and inlet structure and 4.0 metre wide right-of-way for maintenance access be granted to the City by the property owner and registered on title, subject to conditions described.

2. Council provide direction with respect to owner's proposal to have the cul-de-sac lowered at the north limit of William Carson Crescent.

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

Discussion:

1. Registering of Easement:

As a condition of the Site Plan and Development Agreement, executed on December 23, 1996, between the City and the former owner of the property, for a development located at 18 William Carson Crescent, the owner is required to provide an adequately sized inlet and pipe system to accommodate the external drainage from upstream of the subject property and redirect it to the existing storm sewer on William Carson Crescent. Part of the external runoff is drainage from the Old Yonge Street road allowance to the north, which outlets onto private property beyond the north limit of the subject development.

The owner proposes to construct an inlet structure and storm sewer to redirect the runoff from the property on the north limit of the development site. This inlet structure and storm sewer will be constructed in an easement which will be conveyed to the City. The proposed storm sewer will connect to the existing intercepting sewer on William Carson Crescent. The owner proposes to construct the storm sewer in two phases in conjunction with the phasing of the three residential condominium buildings. The cost of the storm sewer works is $365,000.00.

Conditions:

This department has no objection to this proposal subject to the following conditions:

1. The registration of the entire easement and rights-of-way occur prior to any registration of condominium.

2. The necessary Ministry of Environment Certificate of Approval being obtained.

3. An irrevocable letter of credit representing the cost of the works in the amount of $365,000.00 plus 3% engineering fee in form satisfactory to the Finance Department and Legal Department being deposited with the City.

4. Al Underhill Associates Limited, consultant engineers for the property owner, State Development Corporation, be retained for the design, construction administration and inspection and certify that all works have been constructed in accordance with all City Standards and Specifications and provide "as constructed" drawings to the City in a form to its satisfaction..

5. The property owner, State Development Corporation, provides and pays for the new easement documents to the City.

6. The property owner, State Development Corporation, indemnify and save harmless the City from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made.

7. All other City requirements for the administration of the construction be satisfied.

B. Proposal to Lower William Carson Crescent Cul-de-sac

The owner's development proposal includes lowering William Carson Crescent from a point north of the City's Fire Hall to the north limit of the cul-de-sac. The owner's Consulting Engineers, Al Underhill Associates Limited, have submitted a preliminary design dated March 23, 1998 proposing that the cul-de-sac be lowered approximately 1.7 metres at the north limit.

The lowering of William Carson Crescent cul-de-sac, excluding the costs of constructing a required sidewalk and relocating the utilities is estimated at $250,000.00. The proposed lowering of William Carson Crescent and associated works would be at the applicant's expense. City Council's direction is requested in response to the owner's proposal.

In the event City Council does not approve the lowering of the cul-de-sac, the owner has submitted an alternate workable proposal for the development site. However, the owner has advised that the preferred development proposal includes lowering the cul-de-sac.

As the proposal impacts the adjacent development at 11 William Carson Crescent, Zoning Amendment Application File UDOZ-97-32, we have required and received confirmation from the adjacent property owner that they have no objection to the cul-de-sac being lowered. The adjacent property owner, L& A International Management Limited, has also indicated that in the event Council turns down this proposal, they are prepared to design their development accordingly.

Conclusion:

The department recommends approval of owner's proposal with respect to the granting of an easement on the property at 18 William Carson Crescent for the purposes of a storm sewer subject to conditions as outlined above.

The department requests Council's direction in response to the owner's request to have the William Carson Crescent cul-de-sac lowered.

Contact Name and Telephone Number:

Raffi Bedrosyan, P. Eng.

Chief Development Enginee

Tel.No. (416) 395-6307

Fax No.:(416) 395-0349

E-mail: rbedrosy@city.north-york.on.ca

Dev Tyagi, P. Eng.

Director, Engineering Services

MB/er