Assumption of Private Sanitary Sewer, Catch Basin and
Watermain - 461A-461E Roncesvalles Avenue
(Ward 19 - High Park)
The Works and Utilities Committee recommends the adoption of the following report (March 6, 1998) from the
Commissioner of Works and Emergency Services:
Purpose:
To assume ownership of a 300 mm sanitary sewer, a catch basin and a 50 mm watermain required to service the proposed
development at 461A- 461E Roncesvalles Avenue.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
(1)That approval be given to assume the ownership of a 300 mm sanitary sewer, a catch basin and a 50 mm watermain
required to service the proposed development at 461A, 461B, 461C, 461D and 461E Roncesvalles Avenue subject to the
owner of these properties granting the necessary easement to the City as indicated on Sketch No. EAS-490, in accordance
with the terms and conditions outlined in this report and any others the City Solicitor or myself may determine necessary;
and
(2)that the appropriate City officials be authorized to take whatever action is necessary to implement the foregoing,
including the introduction in Council of any Bills that may be required.
Council Reference/Background/History:
Not applicable.
Comments and/or Discussion and/or Justification:
On October 22, 1997, the Committee of Adjustment approved an application filed by 1238057 Ontario Limited to construct
a five-unit townhouse development within the subject properties.
To service this development, it is necessary to construct a 300 mm sanitary sewer, a catch basin and a 50 mm watermain on
private property with connection to the municipal services on Roncesvalles Avenue as shown on Sketch No. EAS-490.
1238057 Ontario Limited, the current owner of the properties, has requested that the City of Toronto assume the proposed
sanitary sewer, catch basin and watermain servicing the proposed dwelling units within the subject properties.
Since the private ownership of common sewer, catch basin and watermain often results in inadequate maintenance and
eventual servicing problems, I propose that the developer's request be accepted, subject to the following conditions:
(1)1238057 Ontario Limited, the Owner, shall at its cost, provide the design of the watermain and the sanitary sewer and
the storm drainage necessary to service the development. The design shall be undertaken by a Registered Professional
Engineer in accordance with my Department's current Standards and Specifications and subject to my approval;
(2)the Owner shall, at its cost, construct the services in accordance with the approved design, under the inspection of a
Registered Professional Engineer and by a contractor approved by my Department;
(3)prior to assumption of the services by the City, the Owner shall:
(i)provide, at its own cost, all necessary legal surveys and descriptions for the easement;
(ii)provide certification by the Professional Engineer that the work has been executed in accordance with the approved
plans and specifications;
(iii)provide a Letter of Credit in the amount of 25 percent of the cost of the services to be held as a maintenance guarantee
for a period of two years;
(iv)for a nominal fee, enter into an Easement Agreement with the City for the maintenance, repair and reconstruction of the
services, generally, as indicated on Sketch No. EAS-490, containing the following terms and conditions and any others that
the City Solicitor or I may determine to be necessary:
(a)no buildings, structures or work of any kind shall be erected or placed in, under, over, or upon the Easement Lands
without the prior written approval of the Commissioner of Works and Emergency Services;
(b)the Owner shall protect the services against damage during any construction or alteration of any buildings or structure
on the property, and agrees to provide detailed plans for protection of the services for the review and approval of the
Commissioner of Works and Emergency Services prior to commencing any such work;
(c)the City shall have a right of access over the Easement Lands at any time to survey, lay, construct, operate, use, inspect,
remove, renew, replace, alter, enlarge, reconstruct, repair, expand, and maintain the services;
(d)the City shall, after each entry, restore the Easement Lands as nearly as possible to their previous condition;
(e)neither the Owner, nor anyone acting for or on behalf of the Owner, shall permit any other utility to be located in, under,
over, or upon the Easement Lands, without the prior written approval of the Commissioner of Works and Emergency
Services;
(f)any separate drains and private water service connections located or installed in the future in, under, and/or upon the
Easement Lands, shall remain the responsibility of the Owner; and
(g)the Owner shall indemnify the City against any action which may be brought against the City with respect to building
structures and appurtenances adjacent to the Easement Lands, resulting from or arising out of the City's exercise of the
rights transferred to it or arising out of the acquisition of the services and/or the easement, provided such action does not
arise out of negligence on the part of the City; and
(4)within six months of completing the servicing work, the Owner shall provide as-built drawings of the services in a
reproducible format, and video inspection of the sewer lines.
If the above is not provided, the City will, at its discretion, prepare the documents and draw the associated costs from the
Letter of Credit.
1238057 Ontario Limited has agreed in writing to the above terms and conditions.
Conclusions:
Approval should be given from the City to assume ownership of the sanitary sewer, catch basin and watermain servicing
461A- 461E Roncesvalles Avenue at nominal cost.
Contact Name and Telephone Number:
W. Wichmann, City Engineer, Toronto Community Council Area
Phone: (416) 392-7703; Fax: (416)392-0816
E-Mail Awwichman@city.toronto.on.ca@
(A copy of Sketch No. EAS-490 referred to in the foregoing report has been forwarded to all Members of Council with the
agenda for the Works and Utilities Committee meeting of March 25, 1998, and a copy thereof is on file in the office of the
City Clerk.)