Report to: GENERAL COMMITTEE Date of Meeting: May 15, 2006

SUBJECT: Crossing Agreement with GO Transit in the Greensborough Community

PREPARED BY: Alan Brown, ext. 7507/Robert Fazio, ext. 2230

RECOMMENDATION:

That the report entitled “Crossing Agreement with GO Transit in the Greensborough Community” be received;

And that the three GO Transit standard crossing agreements as modified by the Town in consultation with GO Transit, to allow for the construction of Castlemore Avenue across the GO Transit right-of-way in the Greensborough Community, be executed by the Mayor and Clerk as authorized on December 10, 2002, by Council;

And that Go Transit be requested to expedite the execution of these crossing agreements for the construction of Castlemore Avenue to be completed by the Greensborough Developers’ Group;

And that timing of completion of construction of the extension of Castlemore Avenue from east of Highway 48 to east of the GO Transit tracks be extended from December 31, 2005, to December 31, 2006.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

The Greensborough Developers’ Group are to fund the construction of Castlemore Avenue extension to Highway 48 and are to receive development charge credits through a credit agreement as authorized on December 10, 2002, by Council.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

The purpose of this report is:

To request authorization for the Mayor and Clerk to execute the GO Transit crossing agreements to permit for the construction of Castlemore Avenue across the GO Transit tracks in the Greensborough Community;
To extend the timing of completion of construction of the extension of Castlemore Avenue from east of Highway 48 to east of the GO Transit tracks from December 31, 2005, to December 31, 2006.

BACKGROUND:

Canadian National, as the owner of the GO Transit Stouffville rail line, commented on the Greensborough Secondary Plan (OPA 51) and confirmed that all road crossings (Bur Oak Avenue and Castlemore Avenue) over their rail lines were found acceptable without the need for grade separations. In addition, the internal functional traffic study to support this secondary plan confirmed that traffic volumes did not require provision for the protection of a grade separation.

On December 10, 2002, Council adopted the report entitled “Land Acquisition for the extension of Castlemore Avenue across the GO Transit Stouffville Rail Line” to authorize the Greensborough Developers’ Group, on behalf of the Town, to proceed with the acquisition of land to extend Castlemore Avenue across the GO Transit right-of-way to match Anderson Avenue as per attachment “A”. Furthermore, Council authorized the Mayor and Clerk to:

q Execute an agreement with GO Transit to allow for the crossing over their rail line;

q Execute an amendment to the Greensborough Developers’ Group Credit Agreement to facilitate the completion of Castlemore Avenue over the GO Transit rail line.

In October 2003, Council granted additional water allocation to Humbold Properties for Phase 2 lands subject to the completion of Castlemore Avenue from 9^th line to Highway 48 by the various Greensborough developers by December 31, 2005. These works include the GO Transit crossing and extension of Castlemore Avenue to Anderson Avenue.

OPTIONS/ DISCUSSION:

In October 2005, GO Transit as current owner or the Stouffville rail line submitted copies of the three standard agreements to be executed by the Town. Engineering staff, in consultation with the Legal Department, reviewed these agreements and expressed certain reservations regarding the long-term financial risks to be borne by the Town by executing these standard GO Transit agreements. In the case of Castlemore Avenue Standard Crossing Agreement, GO Transit required the Town to be 100% financially responsible for a future grade separation or track doubling at this crossing, if requested by GO Transit.

Subsequently, Engineering staff met with GO Transit on January 17, 2006, to discuss broader Town’s concerns regarding the terms and conditions of existing rail crossing agreements across the Town, the Castlemore Avenue standard crossing agreements and the future financial impact to be borne by the Town in relocating existing or future infrastructures away from GO Transit rights-of-way. In the case of Castlemore Avenue, Engineering staff advised GO Transit that CN, as part of the Secondary Plan review and approval process, did not request provision for the protection of a grade separation, nor did CN require lands to construct a grade separation.

Subsequent to the January 17, 2006 meeting, Engineering staff, in consultation with the Legal Department, modified clause 9 of the Standard Crossing Agreement to better protect Town’s interests by having the Town reserve the exclusive right to request the need for the future grade separation, rather than GO Transit. GO Transit reviewed and accepted this modification.

By executing these GO Transit agreements (attachment “B”), the Greensborough Developers’ Group will be in a position to complete Castlemore Avenue from east of the GO tracks to Highway 48 by December 31, 2006 to fulfill their obligation to the Town.

FINANCIAL TEMPLATE (Separate Attachment):

ENVIRONMENTAL CONSIDERATIONS:

ACCESSIBILITY CONSIDERATIONS:

ENGAGE 21^ST CONSIDERATIONS:

BUSINESS UNITS CONSULTED AND AFFECTED:

[Insert text here]

RECOMMENDED BY:

________________________ ______________________________

Alan Brown, C.E.T. Jim Baird, M.C.I.P. R.P.P.

Director, Engineering Commissioner, Development Services

ATTACHMENTS:

Attachment “A” - Location Plan

Attachment “B” – GO Transit agreements

Standard Crossing Agreement
Standard Unfunded New Crossing Warning System Agreement
Underground Pipe Crossing Agreement