THAT WHEREAS TRCA is in receipt of a request from Metrolinx for the disposition of TRCA-owned lands located at 155 Bayview Avenue, in the City of Toronto, Don River watershed and for disposition of Toronto and Region Conservation Authority-owned lands located at the Don Landing, located southeast of Corktown Common Park, City of Toronto, Don River watershed, required for Ontario Line Early Works, Don River watershed;
AND WHEREAS it is in the best interest of TRCA in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to cooperate with Metrolinx in this instance.
THEREFORE BE IT RESOLVED THAT TRCA-owned land containing 0.34 hectares (0.84 acres), more or less, of vacant land, required for Ontario Line Early Works, designated as Parts 1, 2, 3, 4 and 5 on draft plan PL0300-02-SF909, in the City of Toronto, be disposed of to Metrolinx, subject to compensation being based on fair market value; satisfactory provision for third party works; satisfactory provision for City of Toronto open space and trail operations; and, satisfactory protection of the flood protection landform and satisfactory access for maintenance and public safety;
THAT TRCA-owned land containing 0.40 hectares (1.0 acres), more or less, of vacant land, required for Ontario Line Early Works, designated as Parts 1-11 on draft plan PL0250-02-SF924, in the City of Toronto, be disposed of to Metrolinx subject to compensation being based on fair market value; satisfactory provision for third party works; satisfactory provision for City of Toronto open space and trail operations; and satisfactory provision for TRCA’s flood protection operations including provision for access to the Don River for related maintenance;
THAT all legal, survey and other costs to be paid by Metrolinx;
THAT Metrolinx is to confirm that the project shall be carried out at the sole cost and risk of Metrolinx, and that Metrolinx shall release TRCA from all actions, causes of action, claims, demands, costs, obligations, proceedings and damages of any kind caused by Metrolinx or its representatives;
THAT an archaeological investigation be completed, with any mitigation measures being carried out to the satisfaction of TRCA staff, at the expense of Metrolinx;
THAT a landscape plan be prepared for TRCA staff review and approval, in accordance with existing TRCA landscaping guidelines at the expense Metrolinx;
THAT Metrolinx provide notice to the City of Toronto and Trail Users of any trail closures;
AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction, including obtaining any necessary approvals and the signing and execution of documents.