Proposed Closing and Conveyancing

of Monarch Road (Davenport)

 The Corporate Services Committee recommends the adoption of the following report (July 17, 1998) from the Commissioner, Works and Emergency Services:

 Purpose:

 To respond to a motion adopted by City Council at its meeting of July 8 and 9, 1998 that , among other things, the appropriate City staff report for the July 29 Council meeting on the closure of Monarch Road in connection with railway work in the area planned by Canadian Pacific Railway.

 Funding Sources, Financial Implications and Impact Statement:

 The proposal will generate revenues for the City as determined by the Commissioner of Corporate Services and set out in this report.

 Recommendations:

 Subject to the conditions approved by City Council at its meeting of July 8 and 9, 1998 pertaining to a proposal by Canadian Pacific Railway to construct a new spur line connecting the CP Galt Subdivision and the CP Mactier Subdivision (the Wes Toronto Connection), it is recommended that:

(1)City Council declare the proposed conveyance of the subject land, shown hatched on the attached Plan SYE 2889, to be in compliance with Section 3.3 of the Toronto Official Plan Part 1 - Cityplan;

 (2)City Council by By-law declare as surplus the public highway Monarch Road, shown hatched on the attached Plan SYE 2889;

 (3)City Council set the price for the land to be conveyed to the applicant, at the rate of $46.92 per square metre;

 (4)Monarch Road, shown hatched on the attached Plan SYE 2889, be stopped-up and closed upon compliance by Canadian Pacific Railway with the following terms and conditions:

 (a)indemnify the City, together with such other persons as the City Solicitor may require, against all loss, cost, damage or action arising as a result of the closing;

 (b)pay the price of $87,975.00 for the fee in the land comprising Monarch Road to be closed and conveyed, shown hatched on the attached Plan SYE 2889;

 (c)pay the cost of adjusting the City's public works facilities, estimated to be $40,000.00, consisting of:

 (i)constructing a steel liner for the existing water main at the new rail crossing;

 (ii)abandoning the storm and sanitary sewers; and

 (iii)reconstructing the concrete curb and sidewalk on Old Weston Road;

 (d)pay the cost of adjusting the over-head facilities of Toronto Hydro, estimated to be $10,800.00, and provide an easement for the under-ground services located within Monarch Road;

 (e)pay the cost of adjusting the facilities of Consumers Gas, consisting of cutting off the gas main, estimated to be $4,000.00;

(f)accept conveyance of the fee in the land, shown hatched on the attached Plan SYE 2889, subject to easements over the entire area thereof, in favour of the City and Toronto Hydro, for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of the existing municipal services and utilities and for the construction of additional or new services, with the City's easement subject to the following terms and conditions:

 (i)the City shall have the right at all times without notice to enter the easement lands for the purpose of constructing, inspecting, maintaining, servicing, altering, repairing and reconstructing a sewer, maintenance hole or any other municipal service upon, under, through, over and along the lands;

 (ii)no work shall be carried out and no building or structure, temporary or permanent, except for the railway spur line crossing, shall be erected or any other encumbrance placed on or over the easement without the approval of the Commissioner of Works and Emergency Services;

 (iii)the owner shall have no claim against the City for any loss of occupancy of the lands subject to the easement when the City is exercising its easement rights; and

 (iv)the City shall not be responsible for damage to private property caused by the existence of any services and/or the easement;

 (g)pay all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyancing, estimated to be $1,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed;

 (h)provide a Reference Plan of Survey, integrated with the Ontario Co-ordinate System showing the lands to be closed and conveyed; and

 (i)comply with such other terms and conditions as the City Solicitor may deem advisable to protect the City's interests;

 (5)prior to the conveyancing of Monarch Road, an easement be granted to Toronto Hydro, in accordance with Recommendation No. 4 (f) above;

 (6)access be retained by the City over Monarch Road, in accordance with Recommendation No. 4 (f) above;

 (7)upon compliance with the terms and conditions set out in Recommendation No. 4 above, Monarch Road, shown hatched on the attached Plan SYE 2889, be conveyed to Canadian Pacific Railway, at the price set by Council; and

(8)the appropriate City officials be authorized to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any Bills that might be required including the necessary Bill to amend Schedule "A" of By-law No. 1995-0194, and provide notice to the public.

 Background:

 City Council, at its meeting of July 8 and 9, 1998, adopted a motion from Councillor Dennis Fotinos respecting among other things, the closing and conveyancing of Monarch Road and directed that the appropriate City Officials report to City Council on the matter for its meeting of July 29, 1998.

 In connection with this matter, Council also resolved that:

"City Council authorize the City to enter into the agreements required with respect to the crossings, containing such terms and conditions as may be required by the City Solicitor to protect the City's interest, provided that CP first give an undertaking in a form satisfactory to the City Solicitor with respect to the following:

 (a)CP agrees that it shall meet with City staff and enter into a site management plan with respect to the West Toronto Connection lands;

 (b)CP agrees to demolish and remove the Old Weston Road bridge abutments on the north side of the rail corridor;

 (c)CP agrees that it shall demolish and remove the Old Weston Road bridge abutments on the south side of the rail corridor, provided that CP shall not be responsible for any additional costs resulting from any possible environmental remediation of the subsurface fill at that location;

 (d)CP agrees to acquire Monarch Road and the closed portion of Cawthra Avenue at fair market value as agreed between the City and CP; and

 (e)CP shall arrange for the clean up of the spur line leading to Canamera Foods as required by the City."

 Comments:

 Canadian Pacific Railway (CPR) is proposing to construct a rail connection (the "West Toronto Connection") between the Mactier and Galt rail subdivisions in the Old Weston Road/Junction Road area. The proposed alignment of the rail connection crosses both Monarch Road and Old Weston Road, as shown on the attached Plan SYE2889.

 CPR has submitted Grade Crossing Agreements to the City, for ratification, for the rail crossings of Monarch Road and Old Weston Road rights-of-way. The agreements require the City to, among other things, pay for the maintenance of the highway approaches to the rail crossings. Monarch Road, however, is physically closed to the public through the installation of a fence and a concrete barrier at its intersection with Old Weston Road, although it remains dedicated as a public highway. Therefore, rather than the City assuming the responsibility and costs for maintaining the Monarch Road approaches, which would not be used by the public in any event, it is proposed to close and convey Monarch Road to CPR. CPR owns all the lands abutting Monarch Road. Accordingly, the closing under the terms and conditions set out in Recommendation No. 4, above is appropriate.

 Notice of the proposed closing has been given pursuant to the screening process set out in Schedule "B" of the Class Environmental Assessment for Municipal Road Projects under the Environmental Assessment Act.

 Pursuant to the provisions of the Planning and Municipal Statute Law Amendment Act, 1994, (Bill 163), Council must explicitly declare any real property owned by the City but intended to be disposed of as surplus by By-law and give notice to the public of the proposed disposition. The recommendations noted above ensure that this highway closing and conveyancing will fulfill the statutory requirements and accordingly will conform with the process set out in By-law No. 1995-0146.

 Concurrent with the closing and conveyancing of Monarch Road outlined above, CPR has requested the City to ratify the aforementioned Grade Crossing Agreement with respect to Monarch Road in order to allow them to begin work on the West Toronto Connection as soon as possible. Recognizing that this agreement would be in effect only until the By-law to close and convey Monarch Road to CPR has been enacted, this arrangement is acceptable. In fact, this course of action was contained in Councillor Fotinos motion as adopted by Council.

 On a general note staff of Works and Emergency Services and Legal Services have held discussions as to the appropriate procedures for dealing with applications to stop-up, close and convey surplus public highway lands. As this matter involves the disposal of City property and associated compensation recommendations, we are reporting to the Corporate Services Committee at this time pending the determination of the appropriate process.

 Contact Name and Telephone Number:

 Andrew Koropeski, Director

Infrastructure Planning and Transportation Division

392-7714

 (A copy of the map attached to the foregoing report was forwarded to all Members of Council with the July 20, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)