June 23, 1999

To:Administration Committee

From:CAO and Acting Commissioner of Corporate Services

Subject:114 Bernard Avenue - Encroachment Agreement

(Ward 23 - Midtown)

Purpose:

To obtain approval to enter into an encroachment agreement with the owners of 114 Bernard Avenue respecting the garage encroachments within City property.

Financial Implications:

If approved, the standard fee of $350.00 will be received.

Recommendations:

It is recommended that approval be given to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 upon such terms and conditions that the City Solicitor and the Acting Commissioner of Corporate Services shall deem necessary in the interests of the City, including indemnifying the City against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses from such encroachment agreement being granted.

Background:

The former City of Toronto Council, at its meeting on April 6, 1987, authorized the expropriation of a private lane system within the block bounded by Madison Avenue, Bernard Avenue, Huron Street and Dupont Street for public lane purposes [ECR # 11(33)]. Plan of Expropriation D-905 was registered on May 14, 1987. On January 11, 1988, the former Toronto Council passed By-law 90-88 dedicating the unencumbered portions of the expropriated lands for public lane purposes. PART 2 was excluded from the dedication by-law as it is completely encumbered by a portion of brick wall, a window sill and eavestrough of the garage situate at the rear of 114 Bernard Avenue.

Comments:

The solicitor for new owners of 114 Bernard Avenue has advised that as a condition of mortgage approval the financial institution requires his clients to enter into an encroachment agreement with the City with respect to the encumbrances set out as PART 2 on Expropriation Plan D-905. He has confirmed that his clients are prepared to execute the required documents and to the pay City's fee of $350.00 plus GST and disbursements, including the cost to register the document in Land Titles.

Conclusion:

The request to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 is reasonable and approval should be granted.

Contact Name:

Carla Inglis, Facilites and Real Estate, 392-7212, Fax 392-1880, cinglis@toronto.ca

(ac99105.wpd)

Michael R. Garrett

CAO & Acting Commissioner

Corporate Services