STAFF REPORT
March 6, 2000
To: Works Committee
From: Barry H. Gutteridge , Commissioner, Works and Emergency Services
Subject:Encroachment Agreement for City Easement at 1025 The Queensway
Lakeshore/Queensway
Purpose:
The purpose of this report is to request authority to negotiate and enter into an agreement with Cinemark Theatre Canada
Inc. and Cineplex Odeon Corporation permitting the applicants to use the easement area at 1025 The Queensway.
Financial Implications and Impact Statement:
There are no direct funding implications arising from this report.
Recommendations :
It is recommended that City staff be authorized to negotiate and enter into an encroachment agreement with Cinemark
Theatre Canada Inc. and Cineplex Odeon Corporation subject to the terms and conditions stated in this report and to the
satisfaction of the City Solicitor.
Background:
Cineplex Odeon Corporation (Cineplex) proposes to develop an eighteen screen cinema on a vacant site presently owned
by Cinemark Theatre Canada Inc. (Cinemark) at 1025 The Queensway. The previous owner of the land has granted three
easements on the south side of the land to former Metropolitan Toronto and City of Etobicoke for the purpose of building
and maintaining a watermain, a sanitary trunk sewer and a storm sewer. These easement lands are identified as Parts 2, 3
and 4 shown on Plan 66R-17520.
Another easement, shown as Part 5 on Plan 66R-17520, was expropriated by the Province. With the recent transfer of the
section of former Queen Elizabeth Way to the City, the easement associated with the upkeep of the road and structure is
now under the jurisdiction of the City.
There are a number of agreements associated with the four easement areas and the conditions vary among the different
agreements. In general, construction of any structure, fence, building, conduit and pipework will not be permitted without
the consent of the Commissioner of Works. Some agreements further restrict the planting of trees, shrubbery and any
vegetation.
As part of the requirements of site plan approval, landscaping of the non-paved areas is required by the Urban
Development Services Department for aesthetic and screening purposes. This requires the re-grading and planting of
selected shrubs within the easement.
Additionally, it is necessary to construct a storm siphon to be connected to the existing City storm sewer located within the
easement land. The sanitary sewer service for the proposed development will be provided through a connection to an
existing private 200mm sanitary sewer within the subject easement area.
In connection with the site plan approval, the solicitor of Cineplex, Goodman and Carr, on behalf of the owner, has written
to the City requesting permission to use the easement areas for:
(1)The construction of a 600 mm diameter private storm sewer siphon across the easement to the existing storm sewer;
(2)Making a sewer connection to the existing private sanitary sewer;
(3)Parking lot;
(4)Installation of six parking lot light poles and cables;
(5)Installation of new telephone service cables;
(6)Re-grading of the easement lands where necessary;
(7)Planting of a selected variety of shrubs.
The site plan of the proposed development has been approved conditional on the fulfilment of Cinemark and Cineplex
entering into an encroachment agreement with the City for the above stated purposes.
Comments:
Staff of the Department have reviewed the site plan and Goodman and Carr's request and determined that the impact of
the proposed works within the easement lands on the maintenance and operation of the existing infra-structures would only
be limited to circumstances where additional expenses would be incurred when maintenance and repair activities require
the removal of surface fixtures, plants and vegetation. Staff is therefore of the opinion that the additional expenses and
liability associated with the removal and restoration of encroachment should be the responsibility of Cinemark and
Cineplex.
The terms and conditions of the encroachment agreement, in addition to standard requirements as deemed necessary by the
City Solicitor, shall require Cinemark and Cineplex to:
(1)properly maintain the encroachment at their own expenses;
(2)pay the City for all costs associated with the maintenance and repair of the storm siphon and sanitary sewer and
connections;
(3)damp proof the retaining wall prior to the fill placement;
(4)be responsible for all costs associated with the maintenance and repair of curbs, light poles, electrical and telephone
cables, plant and vegetation within the encroached area;
(5)be responsible for the removal and restoration of curbs, light poles, electrical and telephone cables, plants and
vegetation as dictated by the requirement of maintenance and repair activities. Should the removal be done by the City due
to emergency circumstances, Cinemark and Cineplex shall reimburse the City in full;
(6)give the City the right to access the easement areas via any parking area;
(7)pay a processing fee of $1000.00 in addition to the Legal administration and registration fees;
(8)maintain an adequate liability insurance.
Considering the fact that the easements transferred to the former Metropolitan Toronto and City of Etobicoke were for
nominal sum and that Cinemark and Cineplex will be responsible for all additional expenses, Corporate Facilities and Real
Estate concurs that the encroachment be granted for nominal sum consideration.
Conclusions:
The proposed encroachments are not expected to have negative impacts on the structural integrity of the sewers,
watermain and retaining wall within the easement area and therefore the Department has no objection to the proposed
encroachments subject to Cinemark and Cineplex entering into a standard encroachment agreement with additional
conditions stated in this report and to the satisfaction of the City Solicitor.
Contact:
Samson S. Yao, Manager,
Standards, Policies and Quality Assurance
Technical Services Division
Engineering Services - Works Facilities and Structures
Phone: 392-8389
Fax: 392-4594
E-mail: SYao@toronto.ca
Tom G. Denes
Executive Director, Technical Services
Barry H. Gutteridge
Commissioner, Works and Emergency Services
SHT/
List of Attachments:
None
