Construction of Railway Spurs

39 Industrial Street, Esandar Drive Flank

The East York Community Council recommends adoption of the following report (June9,1999) from the Manager, Right of Way Management, Transportation Services, District 1:

Purpose:

To report on the property owner's request to install two railway spurs within the City's right-of-way on the Esandar Drive flank of 39 Industrial Street.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that City Council approve the construction of two railway spurs within the City's right-of-way on the Esandar Drive flank of 39 Industrial Street, subject to the respective owners, Eka Nobel Canada Inc., 39 Industrial Street, Toronto, Ontario, M4G 1Z2, and such other licensees as may be required by the City Solicitor entering into an agreement with the City of Toronto and agreeing to:

(1)indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses that may result from such permission granted;

(2)maintain the railway spurs in good and proper repair and a condition satisfactory to the Commissioner of Works and Emergency Services;

(3)not store the railway cars within 15.9 metres of the west curb line of Esandar Drive, in order to maintain visual sight lines on Esandar Drive;

(4)pay an annual rental fee, as determined by the Commissioner of Corporate Services; and

(5)accept such additional conditions as the City Solicitor or the Commissioner of Works and Emergency Services may deem necessary in the interest of the Corporation.

Comments:

Mr. I.R. Fleming, P. Eng., of Trow Consulting Engineers Ltd., 1595 Clark Boulevard, Brampton, Ontario L6T 4V1, submitted an application requesting permission to construct two railway spurs within the City's right of way on the Esandar Drive flank of 39 Industrial Street, as shown on Appendix"A" of this report.

The proposed construction of the spurs is to allow the unloading of material into the plant at 39Industrial Street.

Conclusion:

As the railway spurs will not impact negatively on the Esandar Drive right of way, it should be permitted subject to the owners of 39 Industrial Street, entering into an agreement with the City of Toronto.

Contact Name and Telephone Number:

Scott Laurin, 397-5479

Insert Table/Map No. 1

39 Industrial Street