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 north of Bloor Street West, extending between Armadale Avenue and Willard Avenue, 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 the opening of a public lane over Part 15 on Plan 64R-15707;

2. 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 1, 2, 3, 4 and 5 on Plan 1508-York designated as PARTS 1 to 14, inclusive, 16 and 17 on Plan 64R-15707, both said Plans being in the Land Registry Office for the Toronto Registry Division (No. 64).

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

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

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

6. Authorize the City Solicitor to make any necessary applications to a Judge of the Supreme Court of Ontario to appoint the Public Trustee to represent the interests of any owners served pursuant to subsection 1 of Section 5 of The City of Toronto Act, 1981;

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

8. Authorize the appropriate City Officials to take whatever action is necessary to implement the foregoing;

9. Authorize a by-law to lay out the lands to form the new lane as described in Schedule "A" hereinabove, including Part 15 on Plan 64R-15707, and thereafter dedicate the lands for public lane purposes; and

10. 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 David Hutcheon, on behalf of the area property owners, I have investigated the possibility of establishing a public lane at the above noted location, shown as Parts 1 to 17, inclusive, on Plan 64R-15707, a print of which has been deposited with the City Clerk.

In order to establish a public lane at this location, it will be necessary to:

(a) Acquire the residue lands with ownership dating back as far as 1911 identified as Parts 1, 2, 3, 4, 5, 7, 11, 12, 13, 14, 16 and 17 on Plan 64R-15707;

(b) Acquire Parts 6, 8, 9 and 10 on Plan 64R-15707, from the appropriate owners;

(c) Extinguish all of the interests and rights-of-way over the lands referred to in Items (a) and (b) above; and

(d) Incorporate a 3.00 metre wide strip of City-owned land from the adjoining parking lot, identified as Part 15 on Plan 64R-15707, in order to widen the lane to commercial standards.

Notwithstanding the fact that the majority of property owners with interests in the private lane are willing to convey their interests to the City, procedurally the most expeditious way to acquire free and clear title to the private portion of the 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 Millers, Supervisor, Public Highway Systems (392-7711)