Proposed Property Disposal - S/S Unimproved

French Avenue, Lot 29, Plan 2042

(Ward 16 - Scarborough Highland Creek)

The Corporate Services Committee recommends the adoption of the following report (June26, 1998) from the Commissioner of Corporate Services:

Purpose:

This report recommends the disposal of a 13.72m x 40.21m surplus strip of land fronting onto an unimproved road, to the abutting owners for nominal consideration.

Funding Sources, Financial Implications and Impact Statement:

These lands are proposed to be conveyed for nominal consideration.

Recommendations:

It is recommended that:

(1)the City convey the properties shown as Parts 4 to 10 on the attached sketch to the abutting owners for the nominal sum of $2.00 each; and

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

Council Reference/Background/History:

The subject property is a vacant 13.72m (45') x 40.21m (132') parcel which was created by consent in the early 1960's. It has frontage on an unimproved portion of French Avenue, in the Lawrence Avenue/Kingston Road area of the City. At the time, it was anticipated that French Avenue would be improved. Subsequent development in the vicinity eliminated the need for this segment of French Avenue, although the existing pedestrian walkway is to be retained.

West Hill Redevelopment Company Limited had retained the property for over 30 years. The presence of this privately held property had prevented the closing and sale of French Avenue.

In May of 1996, City of Scarborough Council:

(1)Authorized a land exchange with West Hill Redevelopment Company so that the City would acquire the subject property;

(2)Directed staff to commence road closing procedures for the unimproved portion of French Avenue;

(3)Declared the property to be acquired from West Hill Redevelopment, plus a small corner rounding, to be surplus to the needs of the City;

(4)Directed staff to report further on the disposal of the former West Hill property to the abutting owners;

(5)Directed notice of the proposed sale to be provided in accordance with the Scarborough Real Estate disposal by-law; and

(6)Authorized construction of an underground drain to resolve a minor drainage issue on the property, and relocation of the street lighting on French.

The land exchange with West Hill Redevelopment occurred in April of 1997.

Scarborough Community Council heard objections to the proposed closing of French Avenue on June24, 1998, and recommended to City Council that the road be closed with the exception of the existing 10 foot wide pedestrian walkway along with southerly limit which is to be retained.

The underground drain was installed during June of 1998.

The zoning of the subject properties, and the French Avenue road allowance is S - Single Family, with performance standards permitting one Single Family dwelling per parcel of land with a minimum of 12m (39.4 ft.) (15m for corner lots) frontage on a public street. The Official Plan designates the area for Low Density Residential Uses in the West Hill Secondary Plan, providing for detached and semi-detached dwellings.

The value of the City property has been appraised at $8,100.00, based on its value in contribution to the abutting residential properties since it may serve only as rear yard extensions. The abutting owners met with staff in a meeting co-ordinated by the Ward Councillor, prior to the May, 1996 report being presented to Scarborough City Council, and they indicated at that time they were prepared to accept the property as rear yard extensions, provided the drainage issue was resolved and the cost to them was nominal. More recent conversations with the owners indicate that their positions have not changed.

Comments and/or Discussion and/or Justification:

The French Avenue road allowance has a value many times greater than the subject property. As maintenance of the subject property will be very difficult once the French Avenue road allowance is sold, it is imperative that the City dispose of the subject property prior to selling the road allowance. The closing of the northerly 56 feet of French Ave will limit vehicular access to the property. The only potential purchasers are the abutting owners. They have participated with the City throughout this process, and have indicated that they are only interested in acquiring the property if the cost is nominal. The transfer of the property to these owners will eliminate the ongoing maintenance liability.

Conclusions:

Conveyance of the subject property to the abutting owners will facilitate the disposal of the much more valuable French Avenue road allowance and eliminate the ongoing maintenance liability. Approval of the conveyances for a nominal consideration is therefore recommended.

Contact Name:

R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416)396-4241, rmayr@city.scarborough.on.ca (cs98118.wpd)

(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the July 20, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)