Closing of Lane - Rear of

323 Richmond Street East

(Don River)

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.

Authority:Toronto Community Council

Report No.

Intended for first presentation to Council: October 28, 1998.

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To stop up and close part of the public lane abutting premises 323 Richmond Street East

WHEREAS by Clause of Toronto Community Council Report No. , adopted by Council at its meeting held on October 28, 1998, it is recommended that part of the public lane abutting premises 323 Richmond Street East be stopped up and closed as a public lane;

AND WHEREAS notice of Council's intention to stop up and close part of the said public lane was advertised in a daily newspaper on .

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

1.Part of the public lane abutting premises 323 Richmond Street East, described by W. Kowalenko, Esq., O.L.S., City Surveyor, as follows:

In the City of Toronto and Province of Ontario, being composed of part of the Public Lane on Plan D-39 designated as Parts 2, 3, 4 and 5 on Plan 64R-15823 both said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64)

is hereby stopped up and closed as a public lane.

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

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

(Corporate Seal)

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The Toronto Community Council reports, for the information of Council, that pursuant to Clause 40, Contained in Report No. 5 of The Toronto Community Council headed AClosing of Lane Containing Encroaching Below Grade Levels of Garage - Rear Of 323 Richmond Street East (Don River)@, which was adopted without amendment by City Council at its Regular Meeting held on May 13 and 14, 1998, notice of its hearing on October 14, 1998 with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on September 22, September 29, October 6 and October 13, 1998, and no one addressed the Toronto Community Council.

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The Toronto Community Council also submits Clause 40, contained in Report No. 5 of the Toronto Community Council, titled "Closing of Lane Containing Encroaching Below Grade Levels of Garage - Rear of 323 Richmond Street East (Don River)":

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(City Council on May 13 and 14, 1998, adopted this Clause without amendment.)

The Toronto Community Council recommends the adoption of the following report (April15,1998) from the Director, Infrastructure Planning and Transportation Division, CityWorks Services:

Purpose:

To obtain City Council authority to close the portion of the public lane containing the encroaching first and second below grade levels of the Parking Authority of Toronto parking garage at the rear of Premises No. 323 Richmond Street East, in order to provide necessary easements to the purchaser of the third and fourth below grade levels of the parking garage.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the subject closing can be provided from Parking Authority of Toronto Account No. 216-014.

Recommendations:

1. That the portions of the public lane containing the encroaching first and second below grade levels of the Parking Authority of Toronto parking garage at the rear of Premises No. 323 Richmond Street East, shown hatched on the attached Plan SYE2850-1, be stopped-up and closed; and

2. That 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 AA@ of By-law No. 1995-0194, and provide notice to the public.

Background:

The former Toronto City Council, at its meeting of August 21, 1997, adopted Clause 33 in Executive Committee Report No. 19, and authorized the closing and conveyancing of the portion of the public lane containing the encroaching third and fourth below grade levels of the parking

garage at the rear of Premises No. 323 Richmond Street East. The closing including the air rights, was required by the Parking Authority of Toronto to finalize a Purchase and Sale Agreement with Lorenzetti Development Corporation for the construction of a residential condominium. In this connection, the former Council passed By-law No. 1997-0552. I note that the first and second below grade levels of the garage were retained by the Parking Authority for use as public parking and were accommodated within the lane lands through an encroachment agreement.

Comments:

The President of the Parking Authority of Toronto has now advised that the lane containing the Parking Authority portion of the garage, namely the first and second below grade levels at the above noted location must also be closed so that easements may be granted to all condominium owners for access and maintenance purposes. I note that easements cannot be granted on public highway lands. I have assessed the proposal and consider it feasible.

The portions of the lane to be closed, shown hatched on Plan SYE2850-1, will be administered by the Parking Authority. The surface lands will remain open as a public lane and under the jurisdiction of Works and Emergency Services. The terms and conditions related to support of the lane, access through the garage for maintenance purposes, etc., as contained in the encroachment agreement would remain in effect with respect to the surface lane which will remain open.

This undertaking is exempt from Environmental Assessment in accordance with the Class Environmental Assessment for Municipal Road Projects.

Contact Name and Telephone Number:

Laurie Robertson

Project Technician - Street and Lane Closings

392-7711

Insert Table/Map No. 1

Richmond/Sherbourne/Ontario