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Toronto City Council · 2021-12-15 · 2021.CC38.14

The filed record

Assumption of Services, University Square (Hucknall) Limited, Plan 66M-2493, Subdivision File: 04 138822 NNY 08 SB, 102-134 Hucknall Road - Litigation

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The decision

2021-12-15 · Toronto City Council · deferred

As filed

City Council on December 15, 16 and 17, 2021 deferred consideration of Item CC38.14 until the February 2 and 3, 2022 meeting of City Council.

On the agenda

As the city filed it

A Subdivision Agreement was registered on December 1, 2011 for Plan 66M-2493, between University Square (Hucknall) Limited and the City of Toronto. The subject subdivision is shown on the attached map, Attachment 1 Plan of Subdivision 66M-2493. The site has frontage on Sentinel Road and Hucknall Road. The construction of Mantello Drive and the services within the road were completed on or about July of 2013. The up-stream portion of the sanitary sewer that was constructed under Mantello Drive (the road shown in Attachment 1 which has yet to be assumed) contains a 21.9 metre length of sanitary sewer located between two manholes (MH3A and MH4A) that was not constructed according to the original accepted design and the City's design criteria applicable at the time of construction.

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This section of sewer in question essentially has a 1.28 percent slope rather than the 2 percent minimum slope applicable at the time of construction. All other deficiencies in the services to be assumed have been rectified to the satisfaction of Engineering & Construction Services (ECS). There is litigation concerning this matter. The purpose of this report is to request instructions from Council regarding the on-going litigation. Staff from Toronto Water have also been involved in the preparation of this report.

Staff recommended

The City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services recommend that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council

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direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

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