Sewer Easement between 53 and 55 Douglas Crescent

(Ward 1)

The Strategic Policies and Priorities Committee recommends the adoption of the Recommendation of the Budget Committee embodied in the following communication (April30, 1999) from the City Clerk:

Recommendation:

The Budget Committee on April 30, 1999, recommended to the Strategic Policies and Priorities Committee, and Council, the adoption of the communication (April 29, 1999) from the City Clerk, wherein it is recommended that:

(1)the owners of 53 and 55 Douglas Crescent be offered a lumpsum payment of $30,000.00 ($15,000.00 to each property owner) in full settlement of all claims known or which could be reasonably known to the owners against the City with respect to the easement, the City works located within the easement, the damages to the easement and adjoining lands and buildings and incidental damages;

(2)the settlement funds include the cost of replacing the semi-detached garages by the owners;

(3)the City will undertake all necessary restoration work of the driveway and landscaping damaged by the restoration and repair work;

(4)the owner be required to execute a release satisfactory to the City Solicitors; and

(5)the City provide the owners with an engineering opinion, on the completion of all restoration and repair work, confirming that the work on stabilizing the soils and completing the underground repairs since September 1996, has not had a detrimental impact on the adjoining residential buildings, namely, 53 and 55 Douglas Crescent.

Background:

The Budget Committee had before it a communication (April 29, 1999) from the City Clerk advising that the East York Community Council on April 28, 1999, unanimously recommended to the Budget Committee and Council, the adoption of the confidential report (April 27, 1999) from Mr.C.M.Loopstra, Q.C., Loopstra, Nixon and McLeish, Solicitors for the East York Office.

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(Communication dated April 29, 1999, addressed to the

Budget Committee from the City Clerk)

Recommendation:

The East York Community Council on April 28, 1999, unanimously recommended to the Budget Committee and Council, the adoption of the following recommendations embodied in the confidential report (April27,1999) from Mr. C.M. Loopstra, Q.C., Loopstra, Nixon and McLeish, Solicitors for the East York Office:

(1)that the owners of 53 and 55 Douglas Crescent be offered a lumpsum payment of $30,000.00 ($15,000.00 to each property owner) in full settlement of all claims known or which could be reasonably known to the owners against the City with respect to the easement, the City works located within the easement, the damages to the easement and adjoining lands and buildings and incidental damages;

(2)that the settlement funds include the cost of replacing the semi-detached garages by the owners;

(3)that the City will undertake all necessary restoration work of the driveway and landscaping damaged by the restoration and repair work;

(4)that the owner be required to execute a release satisfactory to the City Solicitors; and

(5)that the City provide the owners with an engineering opinion, on the completion of all restoration and repair work, confirming that the work on stabilizing the soils and completing the underground repairs since September 1996, has not had a detrimental impact on the adjoining residential buildings, namely, 53 and 55 Douglas Crescent.

Background:

The East York Community Council had before it a confidential report (April 27, 1999) from Mr.C.M. Loopstra, Q.C., Loopstra, Nixon and McLeish, Solicitors for the East York Office.

The following persons appeared before the East York Community Council in connection with the foregoing matter:

-Mr. Don Cashen, East York; and

-Mr. Randy Eadie, Jasamax Holdings, Markham.

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The Strategic Policies and Priorities Committee reports, for the information of Council, that only the recommendations embodied in the confidential report (April 27, 1999) from the City Solicitor, East York Office, were made public; and that a copy of the entire aforementioned confidential report was forwarded to all Members of Council with the May 4, 1999, agenda of the Strategic Policies and Priorities Committee and the May 11, 1999, agenda of City Council.