31 Oxford Street - Encroachment Agreement - Basement Walkout Appeal

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The decision

2023-04-12 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the City to enter into an encroachment agreement (the "Agreement") with the owner of 31 Oxford Street (the "Owner") for the purpose of permitting the owner to construct and maintain a basement walkout fronting 31 Oxford Street subject, but not limited to, the following conditions: a. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b.

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maintain the basement walkout at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement; c. accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. remove the basement walkout upon receiving written notice to do so; e. the basement walkout is to have a minimum setback of 0.5 metres from the sidewalk and hydro pole; f. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the basement walkout; g. obtain clearances and/or sign-offs from Urban Forestry and satisfy all conditions imposed by Urban Forestry; and g. the property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments. 2. Authorized the General Manager, Transportation Services to negotiate, enter into, and execute the encroachment agreement with the owner of 31 Oxford Street as described in Part 1 above.

On the agenda

As the city filed it

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services has reviewed an application to construct an encroachment within the public right-of-way at 31 Oxford Street. The encroachment consists of a basement walkout within the municipal boulevard fronting the property. The purpose of this report is to request authority to enter

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into an encroachment agreement with the property owner of 31 Oxford Street to permit the construction and ongoing maintenance of the basement walkout within the City's right-of-way on Oxford Street.

Staff recommended

The Director, Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the City to enter into an encroachment agreement (the "Agreement") with the owner of 31 Oxford Street (the "Owner") for the purpose of permitting the owner to construct and maintain a basement walkout fronting 31 Oxford Street subject, but not limited to, the following conditions: a. Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b.

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Maintain the basement walkout at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement. c. Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; d. Remove the basement walkout upon receiving written notice to do so; e. The basement walkout is to have a minimum setback of 0.5 metres from the sidewalk and hydro pole; f. Obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the basement walkout; g. Obtain clearances and/or sign-offs from Urban Forestry and satisfy all conditions imposed by Urban Forestry; and g. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments. 2. Toronto and East York Community Council authorize the General Manager Transportation Services, to negotiate, enter into, and execute the encroachment agreement with the owner of 31 Oxford Street as described in recommendation 1.

On the record

The item as the City filed it

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