August 12, 1999

To:Administration Committee

From:Acting Commissioner of Corporate Services

Subject:Declaration as Surplus

111-117 Richmond Street East - Municipal Carpark No. 63

(Ward 24 - Downtown)

Purpose:

To secure authority to declare the property surplus to municipal requirements.

Financial Implications:

Revenue will be generated from the eventual sale.

Recommendations:

It is recommended that:

(1) the properties known municipally as 111 and 117 Richmond Street East be declared surplus to the City's requirements and all steps necessary to comply with By-law 551-1998 be taken;

(2) City Council approve, as the approving authority under the provisions of the Expropriations Act, the disposal of 111 and 117 Richmond Street East without giving the original owners from whom the lands were taken, the first chance to repurchase; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

On November 10, 1958, City Council adopted By-law 20509 thereby approving the expropriation of certain lands in connection with the elimination of the jog at Richmond Street East and Jarvis Street. Nos. 111 & 117 Richmond Street East are the residual portions of the lands expropriated, and are separated by a public lane. Toronto Parking Authority operates a 17-space surface carpark (Municipal Carpark No. 63).

 The Toronto Parking Authority Board of Directors have authorized staff to enter into negotiations with Intracorp Developments (French Quarter II) Ltd. for the sale of the development rights at 111 and 117 Richmond Street East. The City's lands are located immediately adjacent to Intracorp's Phase I and II French Quarter high rise development projects and it is being contemplated to redevelop the City's lands as part of Phase II. The residential redevelopment proposes to incorporate12 public parking spaces at grade with the City retaining ownership of strata title to the12 parking spaces.

Prior to entering into a formal agreement, the Parking Authority has requested that a disposal circulation to the City's Agencies, Boards, Commissions and Departments be undertaken to ascertain whether or not the properties can be declared surplus to the City's requirements.

Comments:

As a result of the disposal circulation, Planning staff have advised that they strongly object to any condition of sale that incorporates at grade surface parking. The incorporation of surface commercial parking into a redevelopment is undesirable and does not represent sound site planning. As such, Planning staff have requested that any condition of sale incorporating at grade surface parking on the development site be removed or the lands not be sold at this time.

Works and Emergency Services staff have advised that 1.48 metre strips on each side of the public lane would be required for future lane widening.

The Property Management Committee has reviewed this matter and concurs with the recommendations of this report.

In order to proceed with the sale of 111 and 117 Richmond Street East, the City must comply with the procedures governing disposal of property. Section 193(4) of the Municipal Act requires that, before the selling of any property, Council must declare the property to be surplus by by-law or resolution passed at a meeting open to the public, give notice to the public of the proposed sale and obtain at least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation.

In addition, as these are residual parcels of expropriated lands, the Expropriations Act requires that where lands that have been expropriated and are in the possession of the expropriating authority, are found to be no longer required for its purpose, the expropriating authority shall not without the approval of the approving authority dispose of the lands without giving the owners from whom the land was taken the first chance to repurchase the lands on the terms of the best offer received by the expropriating authority. In the acquisition of these lands, City Council was both the expropriating and approving authority. City Council, as the approving authority should waive the requirement to offer the original owners the first chance to repurchase.

Conclusion:

In order to proceed with the disposal of these lands, City Council should declare 111 and 117 Richmond Street East surplus to the City's requirements and approve the disposal of these lands without giving the owners from whom the lands were taken the first chance to repurchase.

 Contact Name:

Carla Inglis; 392-7212; Fax No.: 392-1880; cinglis@toronto.ca (ac99123)

     Brenda Glover

Acting Commissioner of Corporate Services