Assumption of Private Sanitary Sewer, Storm Sewer

and Water Main - 1502 Queen Street East

Townhouse Development (Ward 26 - East Toronto)

The Works and Utilities Committee recommends the adoption of the following report (November 17, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

To assume ownership of a 300 mm sanitary sewer, a 300 mm storm sewer, and a 150 mm water main required to service the proposed development at 1502 Queen Street East.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

(1)That approval be given to assume the ownership of a 300 mm sanitary sewer, a 300 mm storm sewer and a 150 mm water main required to service the proposed development at 1502 Queen Street East subject to the owner of these properties granting the necessary easement to the City as indicated on Sketch No. EAS-492 attached, in accordance with the terms and conditions outlined in this report and any others the City Solicitor and the 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.

Council Reference/Background/History:

Not applicable.

Comments and/or Discussion and/or Justification:

On January 22, 1997, the Committee of Adjustment approved an application filed by Universe Investments to construct an 18 unit, freehold townhouse development at premises 1502 Queen Street East.

To service this development, it is necessary to construct a 300 mm sanitary sewer, a 300 mm storm sewer and a 150 mm water main on private property with connection to the municipal services on Kent Street as shown on Sketch No. EAS-492.

Universe Investments, the current owner of the property, has requested that the City of Toronto assume the proposed sanitary sewer, storm sewer and water main servicing the proposed dwelling units within the subject property.

The former City of Toronto generally accepted such requests from developers because the private ownership of sewers and water mains often results in inadequate maintenance and eventual servicing problems.

We are currently in the process of reviewing the policies of the former Area Municipalities with respect to servicing such infill developments, in order to develop a harmonized approach across the new City.

In the meantime, and because the development proposal pre-dates amalgamation, we propose that the developer's request be accepted, subject to the following conditions:

(1)Universe Investments, the Owner, shall, at its cost, provide the design of the water main and the sanitary sewer and the storm drainage necessary to service the development. The design shall be undertaken by a Registered Professional Engineer in accordance with our Department's current Standards and Specifications and subject to the approval of the Commissioner of Works and Emergency Services;

(2)The Owner shall, at its cost, construct the services in accordance with the approved design, under the inspection of a Registered Professional Engineer and by a contractor approved by our Department;

(3)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 percent of the cost of the services to be held as a maintenance guarantee for a period of two 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-492 attached, containing the following terms and conditions and any others that the City Solicitor and the Commissioner of Works and Emergency Services 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; and

(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

(4)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.

Universe Investments has agreed in writing to the above terms and conditions.

Conclusion:

Approval should be given for the City to assume ownership of the sanitary sewer, storm sewer and water main servicing 1502 Queen Street East at nominal cost.

Contact Name and Telephone Number:

David Crichton, P.Eng.

Engineering Services Districts 1 and 2

Phone: (416) 392-7674

(A copy of the sketch referred to in the foregoing report has been forwarded to all Members of Council with the agenda for the Works and Utilities Committee meeting of December 2, 1998, and a copy thereof is on file in the office of the City Clerk.)