November 4, 1998
To: East York Community Council - November 12, 1998
From: Quinto M. Annibale
Loopstra, Nixon & McLeish - City Solicitors - East York Office
Subject: 870 Pape Avenue - Release of Agreements and Transfer of Easement for Non-Vehicular Access Across 1' Reserves
Purpose:
This report to Council concerns a request by Upper East Side Developments Inc. for the release of a Section 36 Bonusing Agreement registered on title as Instrument No. C715143 and a Site Plan Development Agreement registered on title as Instrument No. C748850.
This report to Council also concerns a request by Upper East Side Developments Inc. to execute and register on title a Transfer of Easement for non-vehicular access across the 1' reserves established in this subdivision.
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 and the Transfer of Easement.
2. That the City Solicitors for the East York Office be directed to prepare and register on title two Releases of Agreement and a Transfer of Easement.
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:
The agreements relate to prior approvals given on the lands prior to their purchase by Upper East Side Developments Inc. The prior approvals provided for the development of two 8 storey residential buildings and some ancillary ground related retail commercial uses. The agreements were entered into in 1991 and the Official Plan and zoning for the site were approved in 1992. Both agreements were secured by a letter of credit. The project was never built and the lands were sold to Upper East Side Developments Inc. who ultimately redeveloped the property again for townhouses. The plan of subdivision is now registered and the townhouses are almost complete. Now that the lands have been redeveloped and the plan of subdivision has been registered, the prior agreements are no longer relevant and should be deleted from title. This will also allow release of all letters of credit related to the prior development to the Bank.
With respect to the 1' reserves, this request is being made as a result of the potential access restrictions that are in effect due to the 1' reserve imposed on the property line fronting on Pape Avenue and Mortimer Avenue when the plan of subdivision was registered. The 1' reserves were taken to restrict vehicular access to Pape Avenue and Mortimer Avenue. The developer now wishes to allow pedestrian access over the reserves as the townhouses do have doorways facing these streets. Staff of the East York Office have no objection to the granting of such pedestrian access.
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. C715143 and C748850 from title to 870 Pape Avenue. It is also appropriate to release the letter of credits to the Bank since the original owner is obviously not proceeding with the old development proposed and in fact a new development has taken its place. We have also circulated the request for the Transfer of Easement to City Planning Staff - East York Office and they have confirmed that there are no concerns with respect to this. It is appropriate to transfer the easement over the 1' reserves.
Contact Name:
Quinto M. Annibale
Loopstra, Nixon & McLeish
City Solicitors - East York Office
Tel. 416-746-4710
Fax 416-746-8319
qannibale@loonix.com
Quinto M. Annibale
City Solicitors - East York Office
/rs
