March 15, 1999

To:Corporate Services Committee

From:David C. Kaufman, General Manager, Transportation Services Division

Subject:Acquisition for public lane purposes, of the private lane east of Parkside Drive, extending northerly from Rideout Street.

High Park - Councillors Chris Korwin-Kuczynski and David Miller

Purpose:

To acquire the necessary lands for the establishment of a public lane at the above noted location, in response to a request from the affected residents.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the acquisition of the private lane at this location, in an amount to be recommended by the Commissioner of Corporate Services, are accommodated in Capital Account No. 296-601.

Recommendations:

That the Corporate Services Committee recommend that City Council:

1. Authorize an application to Council for approval of the expropriation of all rights, title and interests, for public lane purposes, of certain lands described as follows:

SCHEDULE "A"

In the City of Toronto and Province of Ontario, being composed of parts of Lots 64 and 65 according to Plan 1226 and part of Lot A according to Plan 1255, designated as PARTS 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 and 15 on Plan of survey 64R-16001, all the said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64).

1. Authorize the service and publication of the Notice of such application required by the Expropriations Act;

2. Authorize the appropriate Officials to forward to the Chief Inquiry Officer, pursuant to the said Act, any requests for hearings that are received;

3. Authorize the Commissioner of Corporate Services to obtain any appraisal reports required to comply with The Expropriations Act;

4. Direct the appropriate Officials to report further to City Council as the occasion may require;

5. Authorize a by-law to lay out the lands to form the new lane as described in Schedule "A" above, and thereafter dedicate the lands for public lane purposes; and

6. Authorize the appropriate Officials to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that might be necessary.

Comments:

At the request of the area property owners, staff have investigated the acquisition for public lane purposes of the above noted private lane, shown as Parts 1 to 8, inclusive, and 10 to 17, inclusive, on Plan 64R-16001, a print of which has been deposited with the City Clerk.

The assumption of the private lane by the City will involve:

(a)The acquisition of the residue lands with ownership dating back as far as 1909 identified as Parts 5, 6, 7, 8 and 15 on Plan 64R-16001;

(b)The acquisition of Parts 3, 4, 10, 11, 12 and 13 on Plan 64R-16001, from the appropriate owners; and

(c)The extinguishment of all interests and rights-of-way applicable to the lands referred to in Items (a) and (b) above.

Parts 1, 2, 14 and 17 on Plan 64R-16001, are encumbered by structures and are excluded from the acquisition. The narrow strip identified as Part 16 on Plan 64R-16001 is not required by the City and is also excluded from the acquisition. The parcel shown as Part 9, on Plan 64R-16001 already has a public lane status and does not form part of this report.

Notwithstanding that the majority of property owners with interests in the private lane are willing to convey their interests to the City, procedurally, the most expeditious way to acquire all the lands is by expropriation.

This undertaking is pre-approved in accordance with Schedule "A" of the Class Environmental Assessment for Municipal Road Projects.

Councillors Chris Korwin-Kuczynski and David Miller have been advised of the foregoing initiative.

Contact Name and Telephone Number:

Andrew Koropeski, Director

Transportation Services District 1

392-7711

David C. Kaufman, General Manager

Transportation Services Division

Barry H. Gutteridge, Commissioner

Works and Emergency Service

GJM/ja

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