To:Works Committee

From:Barry Gutteridge, Commissioner, Works and Emergency Services

Subject:Assumption of Private Sanitary Sewer, Storm Sewer and Watermain -

No. 605 Adelaide Street West (Ward 20 - Trinity-Niagara)

Purpose:

To assume ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the proposed development at 605 Adelaide Street West.

Funding Sources:

N/A

Recommendations:

(1)That approval be given to assume the ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the development at 605 Adelaide Street West, subject to the owner of these properties granting the necessary easement to the City, as indicated on Sketch No. EAS-495 attached, in accordance with the terms and conditions outlined in this report and any others the City Solicitor or Commissioner of Works and Emergency Services 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.

Background:

On January 21, 1998, the Committee of Adjustment approved an application filed by Crown Regal Properties Limited to construct a twenty-five-unit townhouse development within the subject property.

To service this development, it is necessary to construct a 300 mm Sanitary Sewer and a 100 mm Watermain on private property with connection to the municipal services on Adelaide Street West as shown on Sketch No. EAS-495 attached.

The sewer and watermain for the subject development has been designed by the Developer's registered professional engineer in accordance with the Department's current standards and specifications, and was constructed under the City's inspection. The servicing work was completed on March 30, 1999 to the satisfaction of the City.

Crown Regal Properties Limited, the current owner of the properties, has requested that the City of Toronto assume the proposed Sanitary Sewer and Watermain servicing the proposed dwelling units within the subject properties.

Discussion:

Since the private ownership of common Sanitary Sewer and Watermain often results in inadequate maintenance and eventual servicing problems, the former City of Toronto has, in the past, assumed services built to City standards. The work at 605 Adelaide Street West was carried out in good faith by the developer who believed the City would assume the service according to former City of Toronto practice. Accordingly, the developer's request should be accepted, subject to the following conditions.

1.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% of the cost of the services to be held as a maintenance guarantee for a period of 2 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-495 attached, 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;

(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

2.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.

Crown Regal Properties Limited has agreed in writing to the terms and conditions.

Conclusions:

Approval should be given from the City to assume ownership of the Sanitary Sewer and Watermain servicing No. 605 Adelaide Street West at nominal cost.

Contact Name and Telephone Number:

Tim Dennis

Manager of Design and Construction

District 1, Area 2

Telephone - (416) 392-6787

Tom G. Denes, P. Eng.

Executive Director

Technical Services Division

Barry Gutteridge, Commissioner

Works and Emergency Services

LC/sk/KLT/vb

Encl.

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