Tie-Back Encumbrances - 11-25 Yorkville Avenue and 16-18 Cumberland Street - by Councillor Dianne Saxe, seconded by Councillor Jennifer McKelvie

The City Council approval did not include authority to allow tie-back encumbrances within the park. It has come to the attention of staff that tie-backs were installed within the lands to be conveyed as parkland. The existing tie-back encumbrances within the park are acceptable to staff, provided the owner fulfills the City's standard tie-back conditions including but not limited to, destressing the tie-backs prior to parkland conveyance and providing a payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. This motion is urgent because the developer the parkland dedication is ready to be conveyed to the City. Council authority for the encumbrance is required prior to the parkland being conveyed.

grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to proper destressing of the tiebacks, provision of a plan that illustrates the location of the tiebacks, and the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.