Re-opening Item EY21.15 - 37 Advance Road and 212-216 Norseman Street - Encroachment Agreement

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The decision

2026-01-06 · Etobicoke York Community Council · adopted

As filed

The Etobicoke York Community Council: 1. Amended its decision with respect to Item EY21.15 by deleting the word "City" and replaced it with "General Manager, Transportation Services" so that it now reads: 1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement (the "Agreement") with the property owner of 37 Advance Road and 212-216 Norseman Street permitting two existing storm

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control maintenance holes and one existing sanitary control maintenance hole (the "Encroachment") on the terms and conditions to be set out by the Director, Permits and Enforcement, Transportation Services and on any other or amended terms and conditions satisfactory to the General Manager of Transportation Services and in a form satisfactory to the City Solicitor.

On the agenda

As the city filed it

City staff are in the process of executing an encroachment agreement for the property at 37 Advance Rd (212-216 Advance Rd). This encroachment was previously reported to Council and authorized in April 2025. However, due to the wording of the decision report, specifically the phrase "Authorized the City to enter into an encroachment agreement…", Legal Services has advised that the agreement cannot be executed as encroachment agreements are typically executed by the General Manager, Transportation Services.

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Accordingly, it is requested that the authorization be amended to read: "Authorized the General Manager, Transportation Services, to enter into an encroachment agreement…".

Staff recommended

Councillor Amber Morley recommends that: 1. Etobicoke York Community Council re-open Item EY21.15 - 37 Advance Road and 212-216 Norseman Street - Encroachment Agreement. 2. Etobicoke York Community Council amend its decision by deleting the word "City" and replace it with "General Manager, Transportation Services" so that it now reads: "1. Authorized the General Manager, Transportation Services to enter into an encroachment

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agreement (the "Agreement") with the property owner of 37 Advance Road and 212-216 Norseman Street permitting two existing storm control maintenance holes and one existing sanitary control maintenance hole (the "Encroachment") on the terms and conditions to be set out by the Director, Permits and Enforcement, Transportation Services and on any other or amended terms and conditions satisfactory to the General Manager of Transportation Services and in a form satisfactory to the City Solicitor."

On the record

The item as the City filed it

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