March l, 1999

To:Corporate Services Committee

From:Commissioner of Works and Emergency Services

Subject:Highland Creek Sanitary Trunk Sewer

Proposed Encroachment on City of Toronto Easement

Recommendation

It is recommended that:

1. authority be granted to execute an encroachment agreement with Atlantic Packaging Products Limited in accordance with terms and conditions detailed herein; and
2. the appropriate City Officials be authorized to take the necessary action to give effect thereto.

Council Reference/Background/ History:

In April 1991, Atlantic Packaging Products Limited, owner of the property located at 111 Progress Avenue in the City of Scarborough, and holder of a sewer surcharge agreement with the former Metropolitan Toronto Corporation (Metro), constructed a clarifier to comply with effluent requirements of the Metro Sewer Use By-Law No. 153-89. In connection with this work, a private sanitary sewer connection to the Highland Creek Sanitary Trunk Sewer from the clarifier was subsequently requested by Atlantic Packaging Products Limited. This connection required the crossing of the existing trunk sewer easement.

Authority was granted to enter into an encroachment agreement with Atlantic Packaging Products Limited by Clause 15 of Report 16 of the Works Committee adopted by Metro Council at its meeting on August 11, 1993. The report recommended a basic compensation and an administration fee of $100.00 per annum and $300.00, respectively.

During the preparation of executing the encroachment agreement, Atlantic Packaging Products Ltd., requested that the encroachment area be increased substantially in size to facilitate maintenance of its plant crossing the trunk sewer easement. Staff reviewed this proposal and found it to be acceptable, subject to the following revised compensation amounts:

(a)Basic compensation shall be in the sum of $1,100.00 (ONE THOUSAND, ONE HUNDRED DOLLARS) in advance annual payments throughout the Term due and payable on the anniversary date of the commencement of this Agreement, commencing the 18^th day of April, 1991.

(b)Atlantic Packaging Products Limited shall pay for the City's cost of administration and engineering review in the amount of $2500.00 (TWO THOUSAND, FIVE HUNDRED DOLLARS) forthwith upon the execution of this Agreement.

Comments:

Atlantic Packaging Products Limited has confirmed its acceptance of the new compensation amounts in its letter dated December 2, 1997.

Conclusions:

The encroachment work was completed to the satisfaction of the Commissioner of Works and Emergency Services. The Commissioner of Corporate Services has determined that the basic compensation amount fairly reflects the current market value of the new encroachment area. Atlantic Packaging Products Limited has agreed to compensate the City for the cost of additional engineering and administrative staff time required to process the request.

Contact Name and Telephone Number:

W.G. Crowther, P.Eng.

Director

Works Facilities and Structures

Tel: (416) 392-8256.

Tom G. Denes, P.Eng.

Executive Director

Technical Services

Barry H. Gutteridge

Commissioner

Works and Emergency Services

KMA/SSY/jvs 1051.15

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