Proposed Closing and Conveyancing of a

Portion of Willard Gardens and a Portion

of Briarcroft Road, Adjacent to Premises

15 Briarcroft Road (High Park)

 The Corporate Services Committee recommends the adoption of the following report (July 17, 1998) from the Commissioner, Works and Emergency Services:

 The Corporate Services Committee reports, for the information of Council, having requested the Commissioner of Works and Emergency Services, in future, when reporting on issues of this nature, to consult with the affected Ward Councillors.

 The Corporate Services Committee recommends the adoption of the following report (July 17, 1998) from the Commissioner, Works and Emergency Services:

 Purpose:

 To obtain authority for the closing and conveyancing of portions of Willard Gardens and Briarcroft Road adjacent to Premises No. 15 Briarcroft Road.

 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 proceeds from the sale of these lands should be credited to the Capital Funds from Assets Sold Account.

 Recommendations:

 It is recommended that:

(1)City Council declare the proposed conveyance of the subject lands shown as Parcels A and B on the attached sketch dated April 1998, to be in compliance with Section 3.3 of the Toronto Official Plan Part 1 - Cityplan;

 (2)City Council by By-law, declare as surplus, the portions of Willard Gardens and Briarcroft Road owned by the City of Toronto, shown as Parcels A and B on the attached sketch dated April 1998;

 (3)City Council set the price for the lands to be conveyed to the applicant at the rate of $398.63 per square metre;

 (4)the portions of Willard Gardens and Briarcroft Road, shown as Parcels A and B on the attached sketch dated April 1998, be stopped-up and closed upon compliance by the applicant 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)pay the price of $34,999.71 for the fee in the land comprising the portions of Willard Gardens and Briarcroft Road to be closed and conveyed, shown as Parcels A and B on the attached sketch dated April 1998;

 (c)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;

(d)provide a Reference Plan integrated with the Ontario Co-ordinate System, showing the proposed closing as separate PARTS thereon;

 (e)comply with such other terms and conditions relative to the proposal as the City Solicitor may deem advisable to protect the City's interests;

 (5)upon compliance with the terms and conditions set out in Recommendation No. 4 above, the subject portions of Willard Gardens and Briarcroft Road, shown as Parcels A and B on the attached sketch dated April 1998, be conveyed to the applicant; and

 (6)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 "A" of By-law No. 1995-0194, and provide notice to the public.

 Comments:

 Works Services has received and evaluated a request from the owner of Premises No. 15 Briarcroft Road for the closing and conveyancing of portions of the road allowance adjacent to his property. The closing is required by the applicant in order to legalize the existing encroachment of a stone retaining wall and steps within the road allowance.

 I have assessed the proposal and consider it feasible, provided the applicant complies with the terms and conditions set out in Recommendation No.(4) above. Although the conveyance of boulevard is not typically encouraged, I note in this instance there are a number of extenuating factors that have

been considered. The road allowances of Willard Gardens (north-south) and Briarcroft (east-west) abut, however, the pavements do not actually connect. The boulevard area is particularly wide and combined with the significant grade of the topography and extent of the encroachments, will have negligible impact on the remaining road allowance.

 Notice of the proposed closing has been given pursuant to the screening process set out in Schedule "B" of the Class Environmental Assessment for Municipal Road Projects under the Environmental Assessment Act.

 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 highway closing and conveyancing will fulfil the statutory requirements and accordingly will conform with the process set out in By-law No. 1995-0146.

 On a general note staff of Works and Emergency Services and Legal Services have held discussions as to the appropriate procedures for dealing with applications to stop-up, close, and convey surplus public highway lands. As this matter involves the disposal of City property and associated compensation recommendations, we are reporting to the Corporate Services Committee at this time pending the determination of the appropriate process.

 Contact Name and Telephone Number:

 Andrew Koropeski, Director

Infrastructure Planning and Transportation Division

392-7711

 (A copy of the map 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.)