March 18, 1998

 To:Toronto Community Council

 From:Andrew Koropeski, Director, Infrastructure Planning and Transportation, City Works Services

 Subject:Proposed closing and conveyancing of the public lane 36.39 metres north of Breadalbane Street, extending easterly from Bay Street, thence northerly to Wellesley Street West, and the creation of new lane outlet to Wellesley Street West at the east end of the block. (Downtown)

 Purpose:

 To obtain City Council approval for the closing and conveyancing of the existing public lane in the block bounded by Bay Street, Wellesley Street West and Breadalbane Street, and to create a new lane outlet on the site in connection with a proposed development.

 Funding Sources, Financial Implications and Impact Statement:

 The proposal will generate revenues to the City as determined by the Commissioner of Corporate Services and set out in this report. The net proceed from the sale of these lands should be credited to the Capital Funds From Assets Sold Account.

 Recommendations:

 Subject to the Official Plan Amendment and Rezoning of the lands comprising 909, 931, 935 and 945 Bay Street, 5, 11 and 25 Wellesley Street West and 14, 16, 20, 26, 30 and 38 Breadalbane Street (Application No. 197014) being approved, together with any additional terms and conditions that may be determined by Council in considering recommendations of the Toronto Community Council:

 1.That City Council consider passing of the by-law to close and convey the public lane shown as Parcels A, B, C and D on the attached Plan SYE2851, at the same time, or subsequent to, approving the by-laws for the proposed Rezoning of the site;

 2.That City Council, by by-law declare as surplus the public lane owned by The City of Toronto, shown as Parcels A, B, C and D on Plan SYE2851;

 3.That City Council set the price for the public lanes to be conveyed to Ontario Realty Corporation, at the rate of $1,375.96 per square metre;

 4.That City Council declare the proposed conveyance of the subject lands shown as Parcels A, B, C and D on Plan SYE2851, to be in compliance with Section 3.3 of the Official Plan, Part 1 - Cityplan;

 5.That the public lane shown as Parcels A, B, C and D on Plan SYE2851, be stopped-up and closed upon compliance by Ontario Realty Corporation with the following terms and conditions:

 (a)Indemnify the City, together with such other persons as the City Solicitor may require, against all loss, cost, damage or action arising as a result of the closing;

 (b)Prior to the public lane shown as Parcels A, B, C and D on Plan SYE2851 being conveyed, the Ontario Realty Corporation convey to the City, the lands comprising the new public lane, shown as Parcel E on Plan SYE2851, such lands to be free and clear of all encumbrances and subject to a right of way in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane purposes. These lands must be constructed to City specifications and standards acceptable to the Commissioner of Works and Emergency Services. In this regard, Ontario Realty Corporation shall:

 (i)Engage the services of a qualified Municipal Consulting Engineer, satisfactory to the Commissioner of Works and Emergency Services, for the design and field supervision of all underground and surface public works services and facilities;

 (ii)Prepare and submit for the approval of the Commissioner of Works and Emergency Services, detailed design drawings in accordance with the City=s design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;

 (iii)Provide, upon completion of the work, Aas constructed@ drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;

 (iv)Provide letters of credit in the amount of 120% of the estimated cost for all municipal infrastructure or such lesser amount as the Commissioner of Works and Emergency Services may approve, for the development as determined by the Municipal Consulting Engineer and approved by the Commissioner, prior to the earlier of issuance of a building permit or commencement of construction of the infrastructure for the development until completion of the work;

  (v)Provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Engineer and acceptance by the Commissioner of Works and Emergency Services; and

 (vi)Construct all utilities underground.

 (c)Pay the price, estimated to be $1,602,993.56 for the fee in the land comprising Parcels A, B, C and D on Plan SYE2851, less the value of the land to be conveyed to the City for the new lane outlet, based on the same unit rate, estimated to be $467,756.80, for a balance owing of $1,135,236.76;

 (d)Pay the applicable G.S.T. and Land Transfer Tax for the new lane lands, shown as Parcel E on Plan SYE2851, with the exact amount to be determined by the Commissioner of Corporate Services;

 (e)Pay the cost of adjusting the City=s public works facilities, estimated to be in the amount of $14,000.00, consisting of:

 (i)Abandoning the 300mm sewer in the lane; and

 (ii)Replacing the existing ramp-type curbs and sidewalks on Bay Street and Wellesley Street West with new standard curbs and sidewalks, including boulevard adjustments.

 (f)Pay the cost of adjusting the facilities of Toronto Hydro at the new lane outlet to Wellesley Street West, including relocation of a hydro pole, estimated to be $4,000.00, and adjustment to Cable Chamber (#6465) located on Wellesley Street West, with the extent of the work and the estimated cost to be determined by Toronto Hydro.

 (g)Provide Bell Canada and Rogers Cable with 2 months notice to remove or abandon their cables located within the lane to be closed;

 (h)Pay all out of pocket expenses that will be incurred by the City as a result of the closing and conveyancing, estimated to be $1,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed;

 (i)Provide a Reference Plan integrated with the Ontario Co-ordinate System, showing the Parcels to be closed and conveyed, and the new lane outlet, as separate PARTS thereon;

    (j)Comply with such other terms and conditions relative to the proposal as the City Solicitor may deem advisable to protect the City=s interests;

6.That upon acquisition by the City, the lands identified as Parcel E on Plan SYE2851, be laid out and dedicated for public lane purposes;

 7.That upon compliance with the terms and conditions set out in Recommendation No. 5 above, and any other agreements to be entered into between Ontario Realty Corporation and the City, the subject lane, shown as Parcels A, B, C and D on Plan SYE2851, be conveyed to Ontario Realty Corporation; and

 8.That the appropriate City Officials be authorized to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any Bills that might be required, including the necessary Bill to amend Schedule AA@ of By-law No. 1995-0194, and provide notice to the public.

 Comments:

 An application has been submitted by East of Bay Development Corporation on behalf of Ontario Realty Corporation (ORC), for the closing and conveyancing of the public lane 36.39 metres north of Breadalbane Street, extending easterly from Bay Street, thence northerly to Wellesley Street West, shown as Parcels A, B, C and D on the attached Plan SYE2851. In exchange for Parcel D a new lane outlet, shown as Parcel E on Plan SYE2851, will be constructed privately at the east end of the block. The new lane outlet will provide a continuous connection between Breadalbane Street and Wellesley Street West, and serve as an access route for properties fronting on Yonge Street. The private Rights-of-Way that currently exist at this location will be extinguished prior to the conveyance of the new lane to the City. The new lane (Parcel E) will be constructed to City standards by the applicant, at no cost to the City.

 I have assessed the proposal and consider it feasible, provided the ORC complies with the terms and conditions set out under Recommendation No. 5 above.

 The ORC proposes to use Parcels A, B, C and D to consolidate its land holdings in the block for a proposed mixed use redevelopment incorporating a series of residential condominium buildings framing a central park to be constructed on the site. The Commissioner of Urban Planning and Development is currently processing Rezoning Application No. 197014 for the site comprising

Premises Nos. 909, 931, 935 and 945 Bay Street, 5, 11 and 25 Wellesley Street West and 14, 16, 20, 26, 30 and 38 Breadalbane Street, including the lane to be closed.

 The City currently maintains a 300mm sewer in the lane to be closed, which will have to be removed. The existing ramp-curbs and sidewalks will have to be replaced with new standard curbs and sidewalks, including boulevard adjustments, on Bay Street and Wellesley Street West.

In addition, Bell Canada and Rogers Cable facilities within the lane to be closed will require adjustment.

 Toronto Hydro has advised that its Cable Chamber (#6465) located on Wellesley Street West at the entrance to the proposed new lane outlet, will require adjustment, and has provided 2 options:

 (I)Lower the roof of the cable chamber, at an estimated cost of $10,000.00; or

 (II)Rebuild the cable chamber, estimated to cost $30,000.00.

 Additional costs may be incurred for cabling, as Toronto Hydro will require detailed plans showing the extent of sidewalk construction proposed for Wellesley Street West before a determination is made on the preferred option.

 At the time of the initial review of the lane closing proposal, the surface lands of the area shown hatched, identified as Parcel B, were proposed to be retained by the City for park purposes. However, the conveyance for parkland on the site will coincide with the phasing of the development lands and the terms will be secured by the Section 37 agreement between ORC and the City.

 I have not confirmed the agreement of the applicant to the foregoing terms and conditions in time to meet the agenda deadline for next meeting of the Toronto Community Council, although the applicant=s agent is aware of this report.

 This undertaking is exempt from Environmental Assessment in accordance with the Class Environmental Assessment for Municipal Road Projects.

 Pursuant to the provisions of the Planning and Municipal Statute Law Amendment Act 1994 (Bill 163), Council must explicitly declare any real property owned by the City but intended to be disposed of as surplus by by-law and give notice to the public of the proposed disposition. The recommendations noted above ensure that this lane closing and conveyancing will fulfil the statutory requirements and accordingly will conform to the process set out in By-law No. 1995-0146.

 Contact Name and Telephone Number:

 Laurie Robertson, Project Technician - Street and Lane Closings (392-7711)

     Director

 LR/ja

Att.

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