April 6, 1999

To:Corporate Services Committee

From:Commissioner of Works and Emergency Services

Subject:Humber Sanitary Trunk Sewer 168m North of MH 13

Proposed Encroachment on City of Toronto Easement

Purpose:

To seek Council authority to enter into an encroachment agreement with Lambton Golf and Country Club in order to permit a private sewer connection from the Club's facility to the City's Humber Sanitary Trunk Sewer.

Funding Sources, Financial Implications and Impact Statement:

There is no financial implications and impact to the City.

Recommendation

It is recommended that:

1. authority be granted to execute an encroachment agreement with Lambton Golf and Country Club 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 September 1998, Wyllie & Ufnal, Consulting Engineers, acting on behalf of their client, Lambton Golf and Country Club, submitted a drawing and requested a 150mm diameter connection to the 1800mm diameter Humber Sanitary Trunk Sewer. The proposed connection will be located on Part of Lot 8, Humber Range, Concession 3 from the Bay, City of Toronto, approximately 168m North of MH 13 and will serve an existing privy on Lambton Golf and Country Club property. This connection will cross the City's existing trunk sewer easement (Instrument No. EB267313, Plan B.1220-153).

The original easement agreement was granted to the City from the same landowner for a nominal sum and required that the easement lands remained clear of buildings and structures.

Lambton Golf and Country Club has agreed to enter into an encroachment agreement with the City, with terms and conditions to save the City harmless of any liability from the existence and construction of the connection pipe. The entire connection will be maintained by Lambton Golf and Country Club in perpetuity. Lambton Golf and Country Club will also provide an irrevocable commercial letter of credit which amount will be held for two years upon completion of the work, and released thereafter, subject to final approval by the Commissioner of Works and Emergency Services.

Staff have reviewed this proposal and found it to be acceptable, subject to the standard compensation amounts:

(a)The Commissioner of Corporate Services has determined that nominal compensation applies in this case, as the original easement was granted to the City from the same landowner at a nominal sum.

(b)Lambton Golf and Country Club shall pay for the City's cost of administration and engineering review in the amount of $350.00 (THREE HUNDRED AND FIFTY DOLLARS) forthwith upon the execution of this Agreement.

Comments and/or Discussion

Lambton Golf and Country Club has confirmed its acceptance of the above-noted conditions and are presently arranging for the preparation of the Reference Plan and agreement.

Conclusion:

The proposal to connect to the City's trunk sewer and encroach onto the City's easement is satisfactory to the Commissioner of Works and Emergency Services. The Commissioner of Corporate and Human Resources has determined that nominal compensation applies in this case as the original easement was granted to the City at a nominal sum. Lambton Golf and Country Club has agreed to compensate the City for the cost of engineering and administrative staff time to process the request and post an irrevocable commercial letter of credit in the amount of 120 percent of the cost of the connection.

Contact Name and Telephone Number:

W.G. Crowther, Director, P.Eng.,

Works Facilities and Structures (416) 392-8256.

T. Denes, P.Eng.B. Gutteridge,

Executive Director,Commissioner,

Technical ServicesWorks and Emergency Services

KMA/SSY/AC/jvs1058.15

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