The Toronto Community Council recommends adoption of the following report (March 19, 1998) from the Director, Infrastructure Planning and Transportation, City Works Services:

Purpose:

To acquire the necessary lands for the establishment of a public lane west of Lansdowne Avenue, extending between Jenet Avenue and Paton Road, in response to a request from the affected residents.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the acquisition of the private lane at this location, in an amount to be recommended by the Commissioner of Corporate Services, can be provided from Capital Account No. 296-601.

Recommendations:

That Toronto Community Council recommend that City Council:

1. Authorize an application to City Council for approval of the expropriation of all rights, title and interests, for public lane purposes, of certain lands described as follows:

In the City of Toronto and Province of Ontario, being composed of parts of Lots 23 and 24 according to Plan 392-Y or 342-Y and part of the One Foot Reserved according to Plan 786, designated as PARTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 on Plan of survey 64R-15608, said Plans being in the Land Registry Office for the Toronto Registry Division (No. 64).

2. Authorize the service and publication of the Notice of such application required by the Expropriations Act;

3. Authorize the appropriate Officials to forward to the Chief Inquiry Officer, pursuant to the said Act, any requests for hearings that are received;

4. Authorize the Commissioner of Corporate Services to obtain any appraisal reports required to comply with The Expropriations Act;

5. Direct the appropriate City Officials to report further to Council as the occasion may require;

6. Authorize a by-law to lay out the lands to form the new lane as described in Schedule 'A' above, and thereafter dedicate the lands for public lane purposes; and

7. Authorize the appropriate City Officials to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that might be necessary.

Comments:

At the request of former Councillor Rob Maxwell, on behalf of the area property owners, I have investigated the acquisition for public lane purposes, of the private lane at the above noted location.

The private lane is composed of Parts 1 to 28, inclusive, on Plan 64R-15608, a print of which has been deposited with the City Clerk.

The assumption of the private lane by the City will involve:

(a) The acquisition of Parts 1 to 28, inclusive, on Plan 64R-15608 from the appropriate owners; and

(b) The extinguishment of all interests and rights-of-way applicable to the lands referred under Item (a) above.

Notwithstanding the fact that the majority of property owners who own this lane are willing to convey their interests in the lane to the City, procedurally the most expeditious way to acquire all the required land for the public lane is by expropriation.

This undertaking is pre-approved in accordance with Schedule A of the Class Environmental Assessment for Municipal Road Projects.

Contact Name and Telephone Number:

George J. Millers, Supervisor, Public Highway Systems (392-7711)