Portion of 28 Bathurst Street (Rear of 51 to
87 Niagara Street) Declaration as Surplus
(Ward 20 - Trinity-Niagara)
The Corporate Services Committee recommends the adoption of the following report (June30, 1998) from the
Commissioner of Corporate Services:
Purpose:
To secure City Council authority to declare the portion of 28 Bathurst Street abutting the rear of premises Nos. 51-87
Niagara Street, inclusive, as surplus to the City's requirement and to secure Agreements of Purchase and Sale from
abutting property owners in order to sell individual parking spots to these owners.
Financial Implications:
The sale of the subject lands will generate revenue of approximately $163,000.00 if all of the parcels of land (17 in
total) are conveyed. The price for each parcel of land is to be based on $30.00 per square foot of land with the actual
amount to be determined by a plan of survey to be prepared by the Commissioner of Works and Emergency Services.
Recommendations:
It is recommended that:
(1)the City-owned real property forming part of 28 Bathurst Street and shown in black on the attached map be
declared surplus;
(2)the Commissioner of Corporate Services be directed to give notice to the public of the lands declared surplus;
(3)the Commissioner of Corporate Services, in consultation with the City Solicitor, be authorized to secure from each
interested property owner an Agreement of Purchase and Sale, on the terms and conditions as outlined in this report;
and
(4)the appropriate City officials be authorized to take the necessary action to give effect to the foregoing.
Background:
The City is the owner of a property known municipally as 28 Bathurst Street. The northerly boundary of the site abuts
the rear lot lines of properties known as 51-87 Niagara Street. The former City of Toronto Council, at its meeting held
on November 18, 1996 adopted Clause 17 of Executive Committee Report No. 32 and thereby authorized the initiation
of a process to open, under the Local Improvement Act, a public laneway to access the rear of premises Nos. 51-87
Niagara Street. In addition, the proposal included the sale of a parcel of land 20 feet deep to each of the owners for
parking purposes lying between the rear of the Niagara Street properties and the proposed public laneway.
In December of 1997, all the abutting property owners were contacted to determine if there was sufficient support to
proceed with the project. The poll revealed that 13 of 17 (76.5percent) of the property owners affected by the City's
proposal were in favour of proceeding. These owners expressed a willingness to support a lane opening under the
Local Improvement Act and to acquire the City-owned parcel of land adjoining the southerly limit of their property at
the rate of $30.00 per square foot. The sale price of each parcel of land varies from approximately $8,800.00 to
$13,800.00.
Comments:
In order to proceed with the sale of the lands, the City must comply with the procedures governing disposal of
property. The provisions of the Planning and Municipal Statute Law Amendment Act, 1994 (Bill 163) respecting the
sale of real property, by the City, its agencies, boards and commissions, took effect on January 1, 1995. This
legislation requires that, before the selling of any property, City Council must declare the property to be surplus by
by-law or resolution passed at a meeting open to the public; give notice to the public of the proposed sale and obtain at
least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation. An
appraisal of the market value of the subjects lands has been undertaken by staff appraisers.
I am advised by staff of Works and Emergency Services that a survey plan showing the lands proposed for the public
laneway is currently being finalized. Once the required plan of survey has been registered in the Land Registry Office,
the Commissioner of Works and Emergency Services will be reporting upon the details relative to the laneway opening
which is to be carried out under the provisions of the Local Improvement Act.
In order to have proper legal documentation concerning the sale of these lands and proceed with the project, an
Agreement of Purchase and Sale is required from each abutting owner interested in acquiring the City owned lands.
The following terms and conditions would apply:
(1)The purchase price to be at a unit rate of $30.00 per square foot based on an area according to survey;
(2)The Agreement of Purchase and Sale to include a deposit of $100.00 and open for acceptance by the City for 90
days;
(3)The closing of the transaction is conditional on and is to be 30 days after the dedication of the lane at the rear of
premises Nos. 51-87 Niagara Street;
(4)The balance of the purchase price is to be paid by the purchaser in cash or certified cheque on closing;
(5)If the proposed laneway lands have not been laid out and dedicated as a public lane by December 31, 2000, the
Agreement of Purchase and Sale terminates and the deposit returned without interest; and
(6)Such other terms and conditions as the City Solicitor may deem advisable to protect the City's interests.
Where an owner does not acquire the City-owned lands (currently there are 4 owners who are not interested in the
City's proposal), that particular property would not abut the proposed public laneway and as a result, would not have
access to the lane. Once the Agreements have been finalized with each property owner a report thereon will be
submitted to the Corporate Services Committee. It is expected that a report on the results of these negotiations and the
Commissioner of Works and Emergency Services' report on the lane opening would be considered at the same
meeting of City Council.
Conclusion:
It is appropriate to declare these lands surplus to municipal requirements. Once the lands have been declared surplus,
the City would be in a position to negotiate agreements with the owners of premises Nos. 51-87 Niagara Street for the
sale of a small parcel of land abutting their property. The sale price at $30.00 per square foot is reasonable and reflects
market rates.
Contact Name:
Stuart Tufts, Telephone - 392-0010, Fax - 392-1880, E-mail - stufts@city.toronto.on.ca (cs98123.wpd)
(A copy of the map attached to the foregoing report is also on file in the office of the City Clerk.)