Hearing - Proposed Closing and Conveyancing of

Public Lane - North of Scollard, Easterly from

Hazelton Avenue, Between Nos. 35 and 37 Hazelton Avenue

(Midtown)

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 25, contained in Report No. 24 of The Executive Committee of the Former City of Toronto headed "Proposed Closing and Conveyancing - Public Lane North of Scollard Street, Extending Easterly from Hazelton Avenue, Between Nos. 35 and 37 Hazelton Avenue (Ward 13)", which was adopted without amendment by City Council at its Regular Meeting held on October 6 and 7, 1997, notice with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on October 23, October 28, November 4 and November 11, 1998, and no one addressed the Toronto Community Council.

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

Authority:Toronto Community Council

Report No. ( ), as adopted

November 25, 1998

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To stop up and close the public lane north of Scollard Street, extending easterly from Hazelton Avenue, between Nos. 35 and 37 Hazelton Avenue and to authorize the conveyance thereof.

WHEREAS by Clause of Toronto Community Council Report No. , adopted by Council at its meeting held on November 25, 1998, it is recommended that the public lane north of Scollard Street, extending easterly from Hazelton Avenue, between Nos. 35 and 37 Hazelton Avenue, be stopped up and closed as a public lane and that the public lane so stopped up and closed be conveyed to Seniority Investments Limited and the Toronto Heliconian Club upon the terms and conditions contained in Clause 25 of Executive Committee Report No. 24, adopted by Council at its meeting held on October 6 and 7, 1997;

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

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

1.The public lane north of Scollard Street, extending easterly from Hazelton Avenue, between Nos. 35 and 37 Hazelton Avenue, described by W. Kowalenko, Esq., O.L.S., City Surveyor, as follows:

In the City of Toronto and Province of Ontario, being composed of the Public Lane dedicated by City of Toronto By-law 2520 (Instrument 2520) being part of Lot 15 on Plan 302-York designated as Parts 1 and 2 on Plan 64R-15882, 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.

2.The soil and freehold of the public lane stopped up and closed by Section 1 of this By-law shall be sold to Seniority Investments Limited and the Toronto Heliconian Club, upon the terms and conditions contained in Clause 25 of Executive Committee Report No. 24, adopted by Council at its meeting held on October 6 and 7, 1997.

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

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

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The Toronto Community Council also submits Clause 25 of Report No. 24 of the Executive Committee of the Former City of Toronto, headed "Proposed Closing and Conveyancing - Public Lane North of Scollard Street, Extending Easterly from Hazelton Avenue, Between Nos. 35 and 37 Hazelton Avenue (Ward 13)":

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(City Council on October 6 and 7, 1997, adopted this Clause without amendment.)

The Executive Committee recommends the adoption of the report (October 3, 1997) from the Commissioner of City Works Services:

Origin: Commissioner of City Works Services (p:\1997\ug\cws\ipt\ex970322.ipt) - ja

Recommendations:

1.That City Council declare the proposed conveyance of the subject lane shown hatched on the attached Plan SYE2866, dated September 1997, to be in compliance with Section 3.3 of the Official Plan Part 1 - Cityplan;

2.That City Council, by By-law, declare as surplus the public lane owned by the Corporation of the City of Toronto, shown hatched on the attached Plan SYE2866, dated September 1997;

3.That City Council set the price for the public lane to be conveyed to Seniority Investments Limited and the Toronto Heliconian Club, at the rate of $200.00 per square metre;

4.That the lane shown hatched on the attached Plan SYE2866, dated September 1997, be stopped-up and closed upon compliance by the applicants 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 $33,000.00 for the fee in the land comprising the lane to be closed and conveyed, shown hatched on the attached Plan SYE2866, dated September 1997;

(c)Agree to allow public pedestrian access over the entire area and maintain the surface of the lands in a condition suitable for such access;

(d)Accept conveyance of the fee in the land comprising the lane to be closed, subject to easements over the entire area thereof, in favour of the City, Bell Canada and Toronto Hydro, for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of the existing utilities, and for the construction of additional or new services, with the City's easement allowing access by municipal vehicles to Ketchum Park;

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

(f)Provide a Reference Plan of Survey for the lane to be closed, integrated with the Ontario Co-ordinate System, showing as separate Parts thereon, the portion of the lane to be conveyed to each applicant; and

(g)Comply with such other terms and conditions as the City Solicitor may deem advisable to protect the City's interests.

All costs listed above are to be shared proportionately by each applicant.

5.That upon compliance with the terms and conditions set out in Recommendation No. 4 above, the land comprising the public lane, shown hatched on the attached Plan SYE2866, dated September 1997, be conveyed to Seniority Investments Limited and the Toronto Heliconian Club, at the price set by Council;

6.That prior to the conveyancing of the lands, easements be retained by the City and granted to Bell Canada and Toronto Hydro;

7.That a right-of-way be retained over the lane to be closed to allow City vehicles to access Ketchum Park; and

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

Comments:

City Works Services has received and evaluated an application from Seniority Investments Limited in conjunction with the Toronto Heliconian Club, for the closing and conveyancing of the public lane north of Scollard Street, extending easterly from Hazelton Avenue, between Premises Nos. 35 and 37 Hazelton Avenue, shown hatched on the attached Plan SYE2866, dated September 1997. The proposal is feasible, provided that the applicants comply with the terms and conditions set out under Recommendation No. 4 above.

The closing is requested by the applicants in order to resolve private access and parking problems in the area. Seniority Investments Limited and the Toronto Heliconian Club have agreed to keep the lane open as a pedestrian link for public use from Hazelton Avenue to Ketchum Park and Jesse Ketchum Public School.

The conveyance will be subject to easements in favour of the City, Bell Canada, Toronto Hydro and the adjacent private property owners. I have been advised by City Parks officials, that satisfactory arrangements have been made with Seniority Investments Limited and the Toronto Heliconian Club, to allow City service vehicles to access the park as necessary.

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

Applications of this type are normally considered by the City Services Committee, however, that Committee does not have any more meetings scheduled. As a result, I am reporting on this item directly to Executive Committee. Pursuant to the requirements of the Municipal Act, the intent of Council to enact a By-law to authorize the closing of a public highway must be advertised and subsequently be subject to a public hearing. Given the limited time left in this term of Council, it will not be possible to complete the process this year. However, approval of this matter by Council on October 6, 1997, will enable the statutory advertising to proceed and a hearing to be held early in the term of the new Council.

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

(A copy of the foregoing communication (November 19, 1997) was forwarded to all Members of the Toronto Community Council with agenda for its meeting on November 12, 1998 and a copy thereof is on file in the office of the City Clerk.)

Insert Table/Map No. 1

plan sye2866