June 5, 1998
To:Corporate Services Committee
From:Commissioner of Corporate Services
Subject:40R Wells Street - Declaration as Surplus (Ward 23- Midtown)
Purpose:
To secure City Council authority to declare 40R Wells Street as surplus to the City=s requirements.
Financial Implications:
Revenue will be generated from the eventual sale of these lands.
Recommendations:
It is recommended that:
1.City Council declare as surplus the City-owned property known municipally as 40R Wells Street described as being part
of Lot 6 in Block AB@ and part of Lot 1 in Block AC@, according to registered Plan 324-York;
2. the Commissioner of Corporate Services be directed to give notice to the public of the lands declared surplus; and
3. the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing
recommendations.
Background:
As a result of a Municipal Tax Sale held in March, 1935, title to a parcel of land, known municipally as 40R Wells Street,
vested with the City of Toronto. This rectangular shaped parcel of vacant land is located between Howland and Brunswick
Avenues, north of Wells Street. Over the years, area residents have made numerous complaints about the property being
overgrown with brush and weeds, the intermittent habitation by vagrants and the dumping of garbage. Various attempts to
lease the lands to adjoining property owners for garden purposes failed and the parcel remains vacant. Recently, the
majority of the adjoining property owners expressed interest in acquiring portions of the property for the extension of their
rear lot limits.
Comments:
As a results of a Municipal Tax Sale held in March, 1935, title to a parcel of land, known municipally as 40R Wells Street,
situate at the rear of premises 40-44 Wells Street, has a north-south measurement of approximately 113 feet, an east-west
measurement along the north limit of approximately 71.9 feet and contains an approximate area of 8,122.8 square feet. The
parcel is accessed by way of a footpath right-of-way extending northerly between premises Nos. 38 & 40 Wells Street. The
parcel is zoned R2 Z1.0.
A poll was undertaken of various former City of Toronto divisions, boards and agencies and the former Metro, to determine
if there exists any municipal interest in retaining the property. The only potential interest expressed was from the former
City=s Parks & Recreation Division. Parks staff assessed the feasibility of establishing a Community Garden at this
location. However, the proposal was withdrawn due to lack of sufficient demand and interest in the community to sustain a
Community Garden.
The adjoining property owners are desirous in acquiring a portion of the City=s land to extend the limits of their respective
backyards. In order to proceed with individual sales of the property to the adjoining property owners, the City must comply
with the procedures governing disposal of property. The provisions of the Planning and Municipal Statute Law
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 passed 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 exempted by regulations
passed under the legislation. An appraisal of the market value of the site has been undertaken by staff appraisers.
Conclusion:
In order to proceed with the sale of 40R Wells Street to the abutting property owners, City Council should declare the lands
surplus to the City=s requirements.
Contact Name:
Carla Inglis, 392-7212, Fax: 392-1880, cinglis@city.toronto.on.ca, (cs98086.wpd)
(Copy of Map attached to the foregoing report, is on file in the office of the City Clerk.)
