June 11, 1998

 TO:North York Community Council

 FROM:George M. Dixon

City Solicitor, North York

 SUBJECT:Dedication of One-foot Strip of Land abutting Don Mills Road at Au Large Boulevard, north of Finch Ave. E., as Public Highway - Seneca College, Newnham Campus - Seneca Heights

  Purpose:

 The purpose of this report is to authorize the dedication of a one-foot strip of land along the east limit of Don Mills Road (Part 7, 66R-6923) as public highway, which would permit legal access to Seneca College=s private driveway, Au Large Boulevard, from Don Mills Road.

  Source of Funds:

 Not applicable.

  Recommendations:

 It is recommended that:

 (1)Council enact the attached by-law dedicating the subject the one-foot strip, being Part 7 on Reference Plan 66R-6293, as public highway to be known as part of Don Mills Road.

 (2)the appropriate City officials be authorized and directed to take the necessary steps to give effect thereto.

  Council Reference/Background/History:

 The Legal Department (North York) received a letter dated October 21, 1997, from Borden & Elliot, solicitors representing Seneca College (Newnham Campus) advising that Seneca College's legal access at the intersection of Don Mills Road and Au Large Boulevard is presently blocked by an undedicated one-foot-wide strip of land, owned by the City, and located along the east limit of Don Mills Road.

 This access has been operational for approximately 20 years and, as contemplated by recent Site Plan and Committee of Adjustment consents, will be the primary access for a new student residence currently under construction.

 The former Metropolitan Toronto Council adopted Clause 26 of Transportation and Planning Committee Report No. 17 on August 13 and 14, 1997, which provided for the installation of traffic control signals at this intersection. The full cost of the installation of the traffic control signals will be the responsibility of Seneca College.

  Comments and/or Discussion and/or Justification:

 The Transportation Department (North York) has advised that it has no concerns with respect to the present operation of ingress to or egress from Seneca College to Don Mills Road at this location.

  Conclusion:

 The one-foot strip of land was conveyed to the City in 1968 in all likelihood to control access to Don Mills Road from the abutting lands. As this access has been used by Seneca College for approximately 20 years and, more recently, was approved for signalization and as there is no objection from an operations viewpoint, it would be appropriate to dedicate the land as public highway thereby permitting the necessary legal access.

  Contact Name:

 Catherine M. ConradJoanne Franco

Senior SolicitorConvyancer

Telephone: 395-7061Telephone: 395-7079

Facsimile: 395-7056Facsimile: 395-7056

George@city.north-york.on.caJoanne@city.north-york.on.ca

 George M. Dixon

City Solicitor, North York

      Authority:

Intended for first presentation to Council:

Adopted by Council:

 CITY OF TORONTO

 Bill No.

BY-LAW No.

 To establish certain lands as a public highway

 WHEREAS the City is the owner of certain lands on the east limit of Don Mills Road and the Council of the City has deemed it appropriate and necessary to dedicate the said lands as a public highway;

 AND WHEREAS subsection 1(a) of Section 297, of the Municipal Act, R.S.O. 1990, Chapter M.45 provides that the council of every municipality may pass by-laws for establishing and laying out highways;

 AND WHEREAS subsection 111 of Section 210, of the Municipal Act, R.S.O. 1990, Chapter M.45 provides that by-laws may be passed by the councils of local municipalities to provide for surveying, settling and marking the boundary lines of highways and giving names to them.

 NOW, THEREFORE, THE COUNCIL OF THE CITY OF TORONTO HEREBY ENACTS AS FOLLOWS:

 1.The lands described in Schedule "A" attached hereto be and the same are established and laid out as a public highway to be known as part of Don Mills Road within the City.

 2. The said Schedule "A" attached hereto shall form part of this By-law.

 ENACTED AND PASSED this day of, A.D. 1998.

   MayorCity Clerk

   SCHEDULE "A"

 POLARIS PIN: 10005 - 0215 (LT)

 Part of Parcel 21-6, Section Y15, being part of Lot 21, Concession 3, E.Y.S., designated as Part 7 on Reference Plan 66R-6293, in the City of Toronto (formerly North York).