April 6, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Maxwell Street - Proposed Purchase of Ontario Hydro Land, Part of Block X, Registered Plan 3082 Designated as Parts 1, 2 and 3, Plan 64R-15644 (see Appendices A, B & C attached)

(Ward 8 - North York Spadina)

Purpose:

To obtain Council approval for the acquisition of the above described property from Ontario Hydro, to be utilized as parkland.

Financial Implications:

Funds in the amount of $260,000.00 plus any costs associated with property acquisition are available from the 1998 Capital Budget Parkland Acquisition, Account No. 014-508-9900-5137.

Recommendations:

It is recommended that:

(1)the City accept the Offer to Sell for the subject Ontario Hydro property at the appraised value of $260,000.00;

(2)the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Offer to Sell and pay any expenses incurred by the City incidental to the closing of the transaction or otherwise; and

(3)the appropriate City officials be authorized to take whatever action is necessary.

Background:

On May 13, 1998, City Council received Clause (i) of Report No. 5 from the North York Community Council, which dealt with the proposed purchase of the subject Ontario Hydro property by the City for parkland. It reads as follows:

"Purchase of Ontario Hydro Property - Maxwell Street - North York Spadina

"WHEREAS the Parks and Recreation Division of the North York Region has recently been advised of the proposed sale of Ontario Hydro lands;

AND WHEREAS this property is in the Bathurst Manor Residential Community which is deficient in parkland by (5.66) hectares;

AND WHEREAS this property is primarily table land abutting the valley corridor of the West Don River which is already under the jurisdiction of the City of Toronto;

AND WHEREAS on preliminary investigation, this property seems suitable for public parks purposes;

AND WHEREAS Ontario Hydro has imposed a deadline of May 15, 1998, for the City to express an interest in this property;

THEREFORE BE IT RESOLVED that:

(1)staff of the Parks and Recreation Department, North York Civic Centre, be requested to contact Ontario Hydro immediately to indicate a desire to enter into discussions with respect to the purchase of the subject property;

(2)if negotiations proceed to a conclusion, a further report be submitted to Council through the Corporate Services Committee seeking approval to expend funds; and

(3)the appropriate City Officials take the necessary action to give effect thereto."

The North York Community Council reports also having before it a report (May 1, 1998) from the Commissioner of Economic Development, Culture and Tourism, recommending that approval be given for appropriate staff from Parks and Recreation and Corporate Services to indicate interest in the subject property by May 15, 1998 and to enter into negotiations with Ontario Hydro."

Comments:

As instructed, staff entered into negotiations with Ontario Hydro for the purchase of the subject lands. A settlement has been reached for the acquisition of the property in the amount of $260,000.00. This is based on the appraised value according to an independent appraisal prepared by Appraisal Group Inc. for the City and the details of the purchase are:

Vendor:Ontario Hydro

Size:Frontage26.65 metres ( 87.45 feet)

Depth175.29 metres (north lot line)(585.10 feet)

173.26 metres (south lot line)(568.43 feet)

Area:0.69 hectare(1.713 acres)

Description:Flat tableland to a depth of about 91.4 metres then declines to the valley and conservation lands to the east. There is a small wood lot with open water course at the north east quadrant of the property. The site has scrub vegetation for cover and a gravel service road that traveres the northerly portion of the property

Zoning:(R4) One family detached dwelling

Closing Date:July 28, 1999

Conditions:The offer is conditional on the City satisfying itself respecting the title to the property and the City being satisfied in its sole discretion with respect to the soil conditions of the property. The City has the right to conduct soil testing during the 60 day Due Diligence Period

Easements:Storm sewer easement in favour of former City of North York (now City of Toronto) designated as PART 2, Plan 64R-15644

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.

Contact Name:

Wayne O'Brien, 392-1167, (fax) 392-1880, E-mail: wobrien@toronto.ca (cs99019.wpd)

Margaret Rodrigues

Commissioner of Corporate Services