June 5, 1998

  To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:141 Weston Road and a residual portion of Keele Street Closed Declaration as Surplus (Ward 21- Davenport)

Purpose:

To secure City Council authority to declare 141 Weston Road and a residual portion of Keele Street closed by By-law 14156 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 141 Weston Road, described as being part of Block T, Plan 1249Y and part of Block C, Plan 1196Y, and a residual portion of Keele Street closed by By-law 14156;

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:

In 1934, City Council passed By-law 14156 to close a portion of Keele Street between the Canadian National Railway Company right-of-way and Weston Road South and authorized a land exchange with CN for the purpose of straightening and widening Weston Road. 141 Weston Road (Parcel A) is a residual portion of land acquired from CN that was surplus to requirements and remained in City ownership. Title to the most of Keele Street closed was transferred to CN. However, the portion (Parcel B) adjoining lands owned by Ontario Hydro was never conveyed.

Parcel A is a vacant parcel of land, triangular in shape, located on the east side of Weston Road. The parcel contains an approximate area of 2,928 square feet and is zoned IC. The lands to the north and east are owned by Ontario Hydro and are leased out. A portion of the parcel is encumbered by a shed erected by Hydro=s long term tenant.

Parcel B abuts the west limit of the rail corridor. The parcel is landlocked and encumbered by overhead hydro lines. The site contains an approximate area of 4,486 square feet and is zoned IC.

Comments:

A large Abox@ type retail development has been proposed for the lands located on the north side of St. Clair Avenue West, between Weston Road and the rail corridor. The development site adjoins the City and Ontario Hydro lands to the south. The developer has approached both the City and Ontario Hydro to acquire certain lands for the construction of a service road to the proposed development. A portion of Parcel A would be incorporated into a new entrance/exit to enhance traffic flow at the north end of the site and Parcel B would be incorporated into the surface parking area for the proposed development. Ontario Hydro has expressed interest in acquiring that portion of Parcel A not required by the developer, as the lands are encumbered by its tenant=s improvements. Discussions with both the developer and Ontario Hydro respecting the sale of these parcels are ongoing.

A poll of various City=s divisions, boards and agencies was undertaken to determine if there exists any municipal interest in retaining Parcels A and B. Staff from City Works & Emergency Services, together with the area planner, advised that they are desirous of having the developer provide a north access road into the development site, should the proposal proceed. No other comments were received.

In order to proceed with a sale of these properties, 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 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 Parcels A and B has been undertaken by staff appraisers.

Conclusion:

As there is no municipal interest in retaining the subject lands it is appropriate to declare these lands surplus to municipal requirements.

Contact Name:

Carla Inglis, 392-7212, Fax: 392-1880, cinglis@city.toronto.on.ca, (cs98068.wpd)

(Copy of Map attached to the foregoing report, is on file in the office of the City clerk)