April 24, 1998
To:Corporate Services Committee
From:Commissioner of Corporate Services
Subject:Disposal and Sale of City-owned Vacant Land to Adjoining Owners (20 Sudbury Street) (Trinity-Niagara)
Purpose:
The purpose of this report is to obtain City Council approval:
- To stop up and close a portion of a public highway shown as PART 12 on Plan 64R-13923;
- To declare as surplus City-owned lands shown as PARTS 5, 7, 12 (a portion of a dedicated public highway), and
13, Plan 64R-13923; and
- To authorize the sale of and accept the Offer to Purchase from Dufflet Pastries Inc., the owners of 41 Dovercourt
Road, to purchase the adjoining City-owned lands at 20 Sudbury Street and shown as PARTS 5, 7, 12 and 13,
Plan 64R-13923 for the sum of $15,000.00
Financial Implications:
The net proceeds of the sale of these lands should be credited to the Capital Funds from Assets Sold Account.
Recommendations:
It is recommended that:
(1)the portion of public highway shown as PART 12 on Plan 64R-13923 be stopped up and closed and be conveyed to
the owner of 41 Dovercourt Road provided the said owner complies with the following terms and conditions:
(a) indemnifies the City together with such other persons as the City Solicitor may require, against all loss, cost, damage
or action arising as a result of the public highway closing;
(b)pays the purchase price of $15,000.00 for the fee in the said Part 12 (Note - this fee also includes compensation for
PARTS 5, 7, and 13, Plan 64R-13923;
(c)pays all out-of-pocket expenses that will be incurred by the City as a result of the public highway closing and
conveyancing, estimated to be in the amount of $1,500.00, and any such expenses paid by the applicant will not be
refunded in the event that the transaction is not completed; and
(d)agrees to such other terms and conditions as the City Solicitor may deem advisable to protect the City=s interests.
(2)City Council, by By-law, declare as surplus City-owned parcels of land shown as PARTS 5, 7, 12 and 13 on Plan
64R-13923;
(3)City Council authorize the sale of and accept the Offer to Purchase from Dufflet Pastries Inc., the owners of 41
Dovercourt Road, to purchase the adjoining City-owned lands at 20 Sudbury Street and shown as PARTS 5, 7, 12, and 13
on Plan 64R-13923, for the sum of $15,000.00, subject to the terms and conditions set out in the aforementioned Offer to
Purchase, including a condition that PART 5, Plan 64R-13923 is being conveyed subject to an easement in favour of
Consumers Gas;
(4)City Council declare the proposed conveyance of the closed portion of Sudbury Street (PART 5 on Plan 64R-13923)
and of the portion of Sudbury Street to be closed ( PART 12 on Plan 64R-13923) is in compliance with Section 3.3 of the
former City of Toronto Official Plan, Part 1- Cityplan;
(5)The Director, Property Services be directed, in accordance with S. 95-5 of the former City of Toronto Municipal
Code, to give notice to the public of the proposed sale to the owner of 41 Dovercourt Road of the parcels of City-owned
land declared surplus shown as PARTS 5, 7, 12 and 13 on Plan 64R-13923;
(6)The City Solicitor be authorized to complete this transaction according to the terms and conditions of the Offer to
Purchase including the termination of the outstanding lease/conveyance provisions of the land exchange agreement
between the City and Dufflet Pastries Inc. dated September 28, 1993, in a form and content satisfactory to the City Solicitor
and pay any expenses incurred by the City incidental to the closing or otherwise; and
(7)the appropriate Civic Officials be authorized to take the necessary action to give effect to the foregoing
recommendations, including introducing the necessary bills in Council.
Background:
The former Toronto City Council, at its meeting held on June 1, 1993, amended and adopted Clause 8, of Executive
Committee Report No. 10 and thereby approved a land exchange between the City and Dufflet Pastries Inc., the owner of
41 Dovercourt Road, whereby the City would stop up, close and convey to Dufflet Pastries the portion of public highway
shown as PARTS 3 and 14 on Plan 64R-13923 in exchange for certain lands owned by Dufflet Pastries shown as PARTS 2,
7, 8, 9, and 13 on Plan 64R-13923. (A schematic sketch of these PARTS is shown on the attached Map 1.) Pursuant to the
land exchange agreement approved by Council, following completion of the land exchange, Dufflet Pastries was also to
have a number of other leasing and conveyancing rights and obligations pertaining to the lands that would then be owned
by the City. Clause 8 also authorized the stopping up, closing and retention by the City of the portions of public highway
shown as PARTS 5 and 12 on Plan 64R-13923. The foregoing arrangements arose out of a settlement that was reached with
Dufflet Pastries in connection with an objection filed by Dufflet Pastries to a proposed Bramalea development at King
Street and Sudbury Street. As a result of the arrangements approved by Council, Dufflet Pastries agreed to withdraw its
objection to the proposed Bramalea development.
The land exchange between the City and Dufflet Pastries was completed on February 4, 1994. PART 5 on Plan 64R-13923
was stopped up and closed as a public highway but PART 12 on Plan 64R-13923 was not stopped up and closed as a public
highway as it was anticipated that it would form part of a new public highway to be created as part of Bramalea=s
development.
Bramalea=s development never proceeded and, accordingly, the outstanding leasing and conveyancing provisions in the
land exchange agreement between the City and Dufflet Pastries are no longer relevant. Dufflet Pastries have now
approached the City and indicated an interest in purchasing PARTS 5, 7, 12 an 13 on Plan 64R-13923, containing an area
of approximately 1,600 square feet.
Comments:
Negotiations have been conducted and Dufflet Pastries have executed an agreement of Purchase and Sale whereby it has
agreed to pay the appraised market value of $15,000.00 for the City=s lands. This Agreement of Purchase also includes a
provision that the closing of the transaction is to take place as soon as possible.
The provisions of the Planning and Municipal Statute Amendment Act, 1994 (Bill 163) respecting the sale of real property,
by the City, its agencies, boards and commissions took effect January 1, 1995. This legislation requires that, before the
selling of any property, City Council:
- must declare the property to be surplus by by-law or resolution at a meeting open to the public;
- give notice to the public of the proposed sale; and
- must obtain at least one appraisal of the market value of the property, unless exempt by regulations passed under the
legislation.
Staff of Urban Planning & Development Services, Works & Emergency Services, and Community & Neighbourhood
Services have indicated that they have no objections to the sale of these lands to the owners of 41 Dovercourt Road and are
in agreement with the content of this report.
An appraisal of the current market value of the site has been completed by City staff.
Conclusion:
PARTS 5, 7, 12 and 13 on Plan 64R-13923 are surplus to City requirements and the sale of this land to the abutting owners
would consolidate this City-owned land into a larger privately owned parcel and result in $15,000.00 being paid to the City
for the land.
Contact Name:
Ron J. Banfield, Telephone - 392-1859, Fax - 392-1880, E-mail - rbanfiel@city.toronto.on.ca (cs98055.wpd)
Commissioner
Corporate Services
Attach.
