Hearing - Stopping Up, Closing and Conveyancing -

Part of Public Highway - Sudbury Street (Trinity-Niagara)

The Toronto Community Council recommends that a by-law in the form of the draft by-law be enacted, and that the necessary Bills be introduced in Council to give effect thereto.

The Toronto Community Council reports, for the information of Council, that pursuant to Clause 26 of Corporate Services Committee Report No. 7, titled, ADisposal and Sale of City-owned Vacant Land to Adjoining Owners - 20 Sudbury Street (Ward 20 - Trinity-Niagara)@, which was adopted, without amendment, by City Council at its meeting held on June 3, 4 and 5, 1998, notice of its hearing on July 22, 1998 with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on June 30, July 7, July 14 and July 21, 1998.

The Toronto Community Council submits the following draft by-law:

Authority:Toronto Community Council

Report No.

Intended for first presentation to Council: July 29, 1998.

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To stop up and close part of the public highway Sudbury Street and to authorize the sale thereof, together with a previously closed portion of Sudbury Street, to Dufflet Pastries Inc.

WHEREAS by Clause of Toronto Community Council Report No. , adopted by Council at its meeting held on July 29, 1998, it is recommended that part of the public highway Sudbury Street be stopped up and closed as a public highway and that the portion of Sudbury Street so stopped up and closed, together with a portion of Sudbury Street stopped up and closed by City of Toronto By-law 544-93, be sold to Dufflet Pastries Inc. upon the terms and conditions contained in Clause 26 of Corporate Services Committee Report No. 7, adopted by Council at its meeting held on June 3, 4 and 5, 1998;

AND WHEREAS notice of Council's intention to stop up and close the said portion of Sudbury Street and to sell the closed portions of Sudbury Street as aforesaid was advertised in a daily newspaper on _______________.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Part of the public highway Sudbury Street, described by W. Kowalenko, Esq., O.L.S., as follows:

Part of Parcel Sudbury Street-1 in the Register for Section A-878

Being part of the public highway Sudbury Street, dedicated by City of Toronto By-law 410-67 and comprising part of the Provincial Lunatic Asylum grounds, being part of the Ordnance Reserve, according to a Plan by Dennis and Gossage, Provincial Land Surveyors dated January 1, 1857, registered in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64), designated as Part 12 on Plan 66R-16652 deposited in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66)

In the City of Toronto, Province of Ontario

is hereby stopped up and closed as a public highway.

2.The soil and freehold of the portion of the highway stopped up and closed by section 1 of this By-law, together with the portion of the highway previously stopped up and closed, described by W. Kowalenko, Esq., O.L.S., as follows:

Part of Parcel Sudbury Street-1 in the Register for Section A-878

Being Part of the Provincial Lunatic Asylum grounds, being part of the Ordnance Reserve, according to a Plan by Dennis and Gossage, Provincial Land Surveyors dated January 1, 1857, registered in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64), formerly part of Sudbury Street closed by City of Toronto By-law 544-93 (C873376), designated as Part 5 on Plan 66R-16652 deposited in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66)

In the City of Toronto, Province of Ontario

shall be sold to Dufflet Pastries Inc. upon the terms and conditions contained in Clause 26 of Corporate Services Committee Report No. 7, adopted by Council at its meeting held on June 3, 4 and 5, 1998.

ENACTED AND PASSED this day of , A.D. 1998.

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

(Corporate Seal)

The Toronto Community Council also submits Clause 26 of Report No. 7 of the Corporate Services Committee, headed ADisposal and Sale of City-Owned Vacant Land to Adjoining Owners - 20 Sudbury Street (Ward 20 - Trinity-Niagara):

CCCC

(City Council on June 3, 4 and 5, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (May7,1998) from the Commissioner of Corporate Services:

Purpose:

The purpose of this report is to obtain City Council approval:

(a)to stop up and close a portion of a public highway shown as Part 12 on Plan 64R-13923;

(b)to declare as surplus City-owned lands shown as Parts 5, 7, 12 (a portion of a dedicated public highway), and 13, Plan 64R-13923; and

(c)to authorize the sale of and accept the Offer to Purchase from Dufflet Pastries Inc., the owners of 41 Dovercourt Road, to purchase the adjoining City-owned lands at 20Sudbury Street and shown as PARTS 5, 7, 12 and 13, Plan 64R-13923 for the sum of $15,000.00.

Financial Implications:

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

Recommendations:

It is recommended that:

(1)the portion of public highway shown as Part 12 on Plan 64R-13923 be stopped up and closed and be conveyed to the owner of 41 Dovercourt Road provided the said owner complies with the following terms and conditions:

(a) indemnifies 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 public highway closing;

(b)pays the purchase price of $15,000.00 for the fee in the said Part 12 (Note - this fee also includes compensation for Parts 5, 7, and 13, Plan 64R-13923;

(c)pays all out-of-pocket expenses that will be incurred by the City as a result of the public highway closing and conveyancing, estimated to be in the amount of $1,500.00, and any such expenses paid by the applicant will not be refunded in the event that the transaction is not completed; and

(d)agrees to such other terms and conditions as the City Solicitor may deem advisable to protect the City=s interests;

(2)City Council, by By-law, declare as surplus City-owned parcels of land shown as Parts 5, 7, 12 and 13 on Plan 64R-13923;

(3)City Council authorize the sale of and accept the Offer to Purchase from Dufflet Pastries Inc., the owners of 41 Dovercourt Road, to purchase the adjoining City-owned lands at 20Sudbury Street and shown as Parts 5, 7, 12, and 13 on Plan 64R-13923, for the sum of $15,000.00, subject to the terms and conditions set out in the aforementioned Offer to Purchase, including a condition that Part 5, Plan 64R-13923 is being conveyed subject to an easement in favour of Consumers Gas;

(4)City Council declare the proposed conveyance of the closed portion of Sudbury Street (Part5 on Plan 64R-13923) and of the portion of Sudbury Street to be closed ( Part 12 on Plan 64R-13923) is in compliance with Section 3.3 of the former City of Toronto Official Plan, Part 1- Cityplan;

(5)the Director, Property Services be directed, in accordance with S. 95-5 of the former City of Toronto Municipal Code, to give notice to the public of the proposed sale to the owner of 41Dovercourt Road of the parcels of City-owned land declared surplus shown as Parts5, 7, 12 and 13 on Plan 64R-13923;

(6)the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Offer to Purchase including the termination of the outstanding lease/conveyance provisions of the land exchange agreement between the City and Dufflet Pastries Inc. dated September 28, 1993, in a form and content satisfactory to the City Solicitor and pay any expenses incurred by the City incidental to the closing or otherwise; and

(7)the appropriate Civic officials be authorized to take the necessary action to give effect to the foregoing recommendations, including introducing the necessary bills in Council.

Background:

The former Toronto City Council, at its meeting held on June 1, 1993, amended and adopted ClauseNo.8, of Executive Committee Report No. 10 and thereby approved a land exchange between the City and Dufflet Pastries Inc., the owner of 41 Dovercourt Road, whereby the City would stop up, close and convey to Dufflet Pastries the portion of public highway shown as Parts3 and 14 on Plan64R-13923 in exchange for certain lands owned by Dufflet Pastries shown as Parts 2, 7, 8, 9, and 13 on Plan 64R-13923. (A schematic sketch of these Parts is shown on the attached Map 1.) Pursuant to the land exchange agreement approved by Council, following completion of the land exchange, Dufflet Pastries was also to have a number of other leasing and conveyancing rights and obligations pertaining to the lands that would then be owned by the City. Clause No.8 also authorized the stopping up, closing and retention by the City of the portions of public highway shown as Parts5 and 12 on Plan 64R-13923. The foregoing arrangements arose out of a settlement that was reached with Dufflet Pastries in connection with an objection filed by Dufflet Pastries to a proposed Bramalea development at King Street and Sudbury Street. As a result of the arrangements approved by Council, Dufflet Pastries agreed to withdraw its objection to the proposed Bramalea development.

The land exchange between the City and Dufflet Pastries was completed on February 4, 1994. Part5 on Plan 64R-13923 was stopped up and closed as a public highway but Part 12 on Plan 64R-13923 was not stopped up and closed as a public highway as it was anticipated that it would form part of a new public highway to be created as part of Bramalea=s development.

Bramalea=s development never proceeded and, accordingly, the outstanding leasing and conveyancing provisions in the land exchange agreement between the City and Dufflet Pastries are no longer relevant. Dufflet Pastries have now approached the City and indicated an interest in purchasing Parts5, 7, 12 an 13 on Plan 64R-13923, containing an area of approximately 1,600square feet.

Comments:

Negotiations have been conducted and Dufflet Pastries have executed an agreement of Purchase and Sale whereby it has agreed to pay the appraised market value of $15,000.00 for the City=s lands. This Agreement of Purchase also includes a provision that the closing of the transaction is to take place as soon as possible.

The provisions of the Planning and Municipal Statute Amendment Act, 1994 (Bill 163) respecting the sale of real property, by the City, its agencies, boards and commissions took effect January 1, 1995. This legislation requires that, before the selling of any property, City Council:

(1)must declare the property to be surplus by by-law or resolution at a meeting open to the public;

(2)give notice to the public of the proposed sale; and

(3)must obtain at least one appraisal of the market value of the property, unless exempt by regulations passed under the legislation.

Staff of Urban Planning and Development Services, Works and Emergency Services, and Community and Neighbourhood Services have indicated that they have no objections to the sale of these lands to the owners of 41 Dovercourt Road and are in agreement with the content of this report.

An appraisal of the current market value of the site has been completed by City staff.

Conclusion:

Parts 5, 7, 12 and 13 on Plan 64R-13923 are surplus to City requirements and the sale of this land to the abutting owners would consolidate this City-owned land into a larger privately owned parcel and result in $15,000.00 being paid to the City for the land.

Contact Name:

Ron J. Banfield

Telephone - 392-1859

Fax - 392-1880

E-mail - rbanfiel@city.toronto.on.ca (cs98055.wpd)

(A copy of the maps attached to the foregoing report were forwarded to all Members of Council with the May 25, 1998, Corporate Services Committee Agenda, and a copy thereof is also on file in the office of the City Clerk.)

Insert Table/Map No. 1

Dovercourt/Sudbury

Insert Table/Map No. 2

Dovercourt/Sudbury