September 9, 1998
To: East York Community Council - September 16, 1998
From: Quinto M. Annibale
Loopstra, Nixon & McLeish - City Solicitors - East York
Subject: 930-952 Millwood Avenue - Release of Agreements
Purpose:
This report to Council concerns a request by Oxford Hills Developments (1997) Inc. for the release of two agreements registered on title as Instrument Nos. East York 185238 and East York 203761.
Funding Sources:
The cost of preparing and registering these releases will be paid by the owner.
Recommendations:
1. That City Council authorize the release of the above agreements on title.
2. That the City Solicitors for the East York Office be directed to prepare and register on title two Releases of Agreement.
3. That the appropriate City officials be authorized to take such actions and execute such documents as may be necessary to give effect to recommendations 1 and 2.
History:
In June of 1973, the former Corporation of the Borough of East York entered into an agreement with Linblasco Investments Limited, predecessor in title to the current owner, Oxford Hills Developments (1997) Inc. The agreement was entered into as a pre-condition to the enactment of a zoning by-law to permit the use of the lands for the purposes of the sale of new and used motor vehicles from the lands. The agreement provides for the amendment of the zoning by-law to permit the proposed use and imposes an obligation on the owner to provide site amenities such as driveway entrances, barriers, paving, landscaping and drainage facilities. It also requires the lands to be kept free and clear of any lighting, signs, decorations, advertising, etc. and prohibits the parking or storing of vehicles closer than 10 feet to the street line. The agreement also prohibits applications to the Committee of Adjustment and gives the Borough the right to require security by way of a bond for the obligations under the agreement. This agreement was registered on title to the property as Instrument No. East York 185238.
Instrument No. East York 203761 is an amendment to that original agreement to permit the erection of a sign to be used in conjunction with the property.
The property had been developed and used for the purposes of a Hoj new and used car leasing facility. However in June of last year, the owner made application to the former Borough of East York for a rezoning and site plan approval to permit the development of the site as a 26 unit townhouse complex with 2,500 square feet of office/commercial development on the same lands. The rezoning and site plan approval applications were approved by Council on June 16, 1997. The construction of the development is well underway.
Since the property has been through the redevelopment process and approved for redevelopment, the earlier agreements which governed the redevelopment of the lands for prior use, are no longer relevant or required. Accordingly, it is appropriate that they be deleted from title at this time to avoid conveyancing problems when individual units are conveyed.
Conclusions:
We have circulated the request to City Planning Staff - East York Office and they have confirmed that there are no concerns with respect to the release of the agreements. It is appropriate to delete Instrument Nos. East York 185238 and East York 203761 from title to 930 - 952 Millwood Road.
Contact Name:
Quinto M. Annibale
Loopstra, Nixon & McLeish
City Solicitors - East York
Tel. 416-746-4710
Fax 416-746-8319
qannibale@loonix.com
Quinto M. Annibale
City Solicitors - East York
/rs
