June 30, 1998
To:Corporate Services Committee
From:Commissioner of Corporate Services
SubjectPortion of 28 Bathurst Street (Rear of 51 to 87 Niagara Street)
Declaration as Surplus
(Ward 20 - Trinity-Niagara)
Purpose:
To secure City Council authority to declare the portion of 28 Bathurst Street abutting the
rear of premises Nos. 51-87 Niagara Street, inclusive, as surplus to the City's requirement
and to secure Agreements of Purchase and Sale from abutting property owners in order to
sell individual parking spots to these owners.
Financial Implications:
The sale of the subject lands will generate revenue of approximately $163,000.00 if all of
the parcels of land (17 in total) are conveyed. The price for each parcel of land is to be based
on $30.00 per square foot of land with the actual amount to be determined by a plan of
survey to be prepared by the Commissioner of Works and Emergency Services.
Recommendations:
It is recommended that:
(1)the City-owned real property forming part of 28 Bathurst Street and shown in black on
the attached map be declared surplus;
(2)the Commissioner of Corporate Services be directed to give notice to the public of the
lands declared surplus;
(3)the Commissioner of Corporate Services, in consultation with the City Solicitor, be
authorized to secure from each interested property owner an Agreement of Purchase and
Sale, on the terms and conditions as outlined in this report; and
(4)the appropriate City Officials be authorized to take the necessary action to give effect to
the foregoing.
Background:
The City is the owner of a property known municipally as 28 Bathurst Street. The northerly
boundary of the site abuts the rear lot lines of properties known as 51-87 Niagara Street. The
former City of Toronto Council, at its meeting held on November 18, 1996 adopted Clause
17 of Executive Committee Report No. 32 and thereby authorized the initiation of a process
to open, under the Local Improvement Act, a public laneway to access the rear of premises
Nos. 51-87 Niagara Street. In addition, the proposal included the sale of a parcel of land 20
feet deep to each of the owners for parking purposes lying between the rear of the Niagara
Street properties and the proposed public laneway.
In December of 1997, all the abutting property owners were contacted to determine if there
was sufficient support to proceed with the project. The poll revealed that 13 of 17 (76.5%) of
the property owners affected by the City's proposal were in favour of proceeding. These
owners expressed a willingness to support a lane opening under the Local Improvement Act
and to acquire the City-owned parcel of land adjoining the southerly limit of their property at
the rate of $30.00 per square foot. The sale price of each parcel of land varies from
approximately $8,800.00 to $13,800.00.
Comments:
In order to proceed with the sale of the lands, 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 on 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
the subjects lands has been undertaken by staff appraisers.
I am advised by staff of Works and Emergency Services that a survey plan showing the
lands proposed for the public laneway is currently being finalized. Once the required plan of
survey has been registered in the Land Registry Office, the Commissioner of Works and
Emergency Services will be reporting upon the details relative to the laneway opening which
is to be carried out under the provisions of the Local Improvement Act.
In order to have proper legal documentation concerning the sale of these lands and proceed
with the project, an Agreement of Purchase and Sale is required from each abutting owner
interested in acquiring the City owned lands. The following terms and conditions would
apply:
- The purchase price to be at a unit rate of $30.00 per square foot based on an area
according to survey;
- The Agreement of Purchase and Sale to include a deposit of $100.00 and open for
acceptance by the City for 90 days;
- The closing of the transaction is conditional on and is to be 30 days after the dedication of
the lane at the rear of premises Nos. 51-87 Niagara Street;
- The balance of the purchase price is to be paid by the purchaser in cash or certified
cheque on closing;
- If the proposed laneway lands have not been laid out and dedicated as a public lane by
December 31, 2000, the Agreement of Purchase and Sale terminates and the deposit
returned without interest; and
- Such other terms and conditions as the City Solicitor may deem advisable to protect the
City's interests.
Where an owner does not acquire the City-owned lands (currently there are 4 owners who
are not interested in the City's proposal), that particular property would not abut the
proposed public laneway and as a result, would not have access to the lane. Once the
Agreements have been finalized with each property owner a report thereon will be submitted
to the Corporate Services Committee. It is expected that a report on the results of these
negotiations and the Commissioner of Works and Emergency Services' report on the lane
opening would be considered at the same meeting of City Council.
Conclusion:
It is appropriate to declare these lands surplus to municipal requirements. Once the lands
have been declared surplus, the City would be in a position to negotiate agreements with the
owners of premises Nos. 51-87 Niagara Street for the sale of a small parcel of land abutting
their property. The sale price at $30.00 per square foot is reasonable and reflects market
rates.
Contact Name:
Stuart Tufts, Telephone - 392-0010, Fax - 392-1880, E-mail - stufts@city.toronto.on.ca
(cs98123.wpd)
Margaret Rodrigues
Commissioner, Corporate Services
