Sale of Surplus Properties Southerly Portion
of 141 Weston Road and the Residual Portion
of Keele Street Closed (Ward 21 - Davenport)
The Corporate Services Committee recommends the adoption of the following report
(August31, 1998) from Commissioner of Corporate Services:
Purpose:
To authorize the sale of the southerly portion of the property known municipally as 141
Weston Road and the residual portion of Keele Street Closed by By-law 14156, City of
Toronto, to one of the adjoining property owners.
Financial Implications:
Revenue of $45,000.00 will be generated.
Recommendations:
It is recommended that:
(1)the Offer to Purchase received from Keele-St. Clair Limited Partnership, by its General
Partner, 1262425 Ontario Inc., In Trust, for PARTS 4, 5, 8, 9 and 10 of an unregistered
reference plan appended to the offer, for the amount of $45,000.00, together with a deposit
of $4,500.00, as detailed herein, be accepted;
(2)a permanent easement over PART 4 be granted to Ontario Hydro, on or prior to closing,
for the purpose of operating and maintaining overhead transmission lines;
(3)the City Solicitor be authorized to complete the transaction according to the terms and
conditions of the Offer to Purchase and pay any expenses incurred by the City incidental to
the closing or otherwise; and
(4)the appropriate Civic Officials be authorized and directed to take the necessary action to
give effect to the foregoing.
Comments:
City Council at its meeting held on July 8, 9 and 10, 1998 declared two vacant parcels of
land surplus to municipal requirements. 141 Weston Road, identified as PARTS 8, 9, 10 and
12 on an unregistered reference plan, is triangular in shape. The Commissioner Works and
Emergency Services has advised that the parcel is encumbered by two storm sewers and any
sale of this parcel be subject to a permanent easement being reserved for the purpose of
surveying, laying, constructing, operating, using, inspecting, removing, renewing, replacing,
altering, enlarging, reconstructing, repairing, expanding and maintaining the storm sewers.
PARTS 4 and 5 on the unregistered reference plan comprise part of a highway stopped up
and closed by City of Toronto By-law No. 14156 (Keele Street Closed). PART 4 is
encumbered by overhead hydro transmission lines.
Ontario Hydro has expressed an initial interest in possibly acquiring the northerly portion of
141Weston Road (PART 12) encumbered by its tenant's improvements and the sale would
be the subject of another report. With respect to the residual portion of Keele Street Closed
(PARTS 4 and5), Ontario Hydro has advised that it is not interested in acquiring this parcel
and will execute on or before closing a waiver of any rights it may have to purchase the
closed highway pursuant to the provisions of the Municipal Act, provided any sale of PART
4 is subject to a permanent easement to be granted to Ontario Hydro for the purpose of
maintaining overhead transmission lines.
Keele-St. Clair Limited Partnership, by its General Partner, 1262425 Ontario Inc., In Trust,
is the developer of a large "box" type retail complex proposed for the northeast corner of St.
Clair Avenue West and Weston Road and has submitted an Offer to Purchase those parcels
not required by Ontario Hydro for incorporation into its development site. The Offer to
Purchase the lands identified as PARTS 4, 5, 8, 9 and 10 is summarized below:
Property:PARTS 8, 9 and 10 - Southerly Portion of 141 Weston Road
PARTS 4 and 5 - Residual portion of Keele Street Closed
Legal Description:Part of Block T, Plan 1249Y and Part of Block C, Plan 1196Y and
Part of Keele Street Closed by By-law 14156
Areas:PARTS 8, 9 and 10 - 793.3 square feet (73.7 m2)
PARTS 4 and 5 - 4,463.5 square feet (414.66 m2)
Zoning:IC (Industrial District)
Purchaser:Keele-St. Clair Limited Partnership, by its General Partner,
1262425 Ontario Inc., In Trust
Purchase Price:$45,000.00
Deposit:$4,500.00
Intended Use:Commercial, including access and parking
Acceptance Date:October 8, 1998
Closing Date:On or before October 23, 1998
Solicitor:David R. Fedy
Sims Clement Eastman
700-22 Frederick Street, P.O. Box 578
Kitchener, Ontario N2G 4A2
Other Relevant Terms and Conditions:
-the Purchaser agrees to accept title to PARTS 8, 9 and 10 subject to a permanent easement
being reserved by the City, for the purpose of surveying, laying, constructing, operating,
using, inspecting, removing, renewing, replacing, altering, enlarging, reconstructing,
repairing, expanding and maintaining the storm sewers;
-the Purchaser agrees to accept title to PART 4 subject to a permanent easement to be
granted to Ontario Hydro by the City on or prior to closing for the purpose of operating and
maintaining overhead transmission lines;
-the Purchaser is solely liable for the costs of an up to date plan of survey and, upon
approval by the City Surveyor, the registration of same; and
-the City's obligation to deliver a Transfer/Deed of Land in respect of the closed highway
(PARTS 4 and 5) is conditional upon any registered owners of land abutting the closed
highway, if other than the Purchaser, executing on or prior to closing a waiver of any rights
they may have to purchase the closed highway or any portion thereof, pursuant to the
provisions of the Municipal Act. In the event a waiver is not executed, the Purchaser shall
complete the transaction for the remainder of the real property and the purchase price shall
be reduced accordingly on a per square foot basis.
Conclusion:
The Offer to Purchase as submitted by Keele-St. Clair Limited Partnership, by its General
Partner, 1262425 Ontario Inc., for PARTS 4, 5, 8, 9, and 10, in the amount of $45,000.00, is
acceptable.
Contact Name:
Carla Inglis, 392-7212, Fax: 392-1880, cinglis@city.toronto.on.ca
