May 10, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Proposed Sale of a Portion of a Public Lane Situated Between Premises Nos. 71 and 75 Elmer Avenue - Declaration as Surplus

(Ward 26 - East Toronto)

Purpose:

To secure City Council authority to declare a portion of a public lane situated between premises Nos. 71 and 75 Elmer Avenue, proposed to be closed, as surplus to the City's requirement and to secure an Agreement of Purchase and Sale from the adjoining owner at premises No. 71 Elmer Avenue.

Financial Implications:

The sale of the subject parcel of land will generate net revenue of approximately $4,000.00.

Recommendations:

Subject to City Council approving the stopping up and closing of a portion of public lane situated between premises Nos. 71 and 75 Elmer Avenue, shown in black on the attached Schedule A, it is recommended that:

(1)the portion of public lane situated between premises Nos. 71 and 75 Elmer Avenue be declared surplus and sold to Gail Speer, the adjoining property owner of premises No. 71 Elmer Avenue;

(2)the Commissioner of Corporate Services be directed to give notice to the public of the proposed disposition of the lands declared surplus;

(3)the Commissioner of Corporate Services, in consultation with the City Solicitor, be authorized to secure from Gail Speer, the adjoining property owner of premises No. 71 Elmer Avenue, an Agreement of Purchase and Sale, under the terms and conditions as outlined in this report; and

(4)the appropriate City officials be authorized to take the necessary action to give effect to the foregoing.

Background:

The subject parcel of land forms part of an existing public laneway situated between premises Nos. 71 and 75 Elmer Avenue. The said laneway was laid out by Plan 634 in the Township of York.

The owner of premises No. 71 Elmer Avenue, Gail Speer, has expressed an interest in purchasing a portion of the public laneway that adjoins a portion of the northerly limit of her property at the rear. Agreement has been reached for a purchase price of $7,500.00, subject to certain terms and conditions. This report deals with the particulars of the proposed sale.

Comments:

In order to proceed with the sale of the parcel of land, the City must comply with the procedures governing stopping up and closing of public highway and the disposal of property. The Commissioner of Works and Emergency Services is reporting directly to Toronto Community Council for its May 26, 1999 meeting recommending the stopping up and closing of the affected portion of the public lane.

With respect to disposal of property, the provisions of the Planning and Municipal Statute Law Amendment Act, 1994 (Bill 163) respecting the sale of real property, by the City, its agencies, boards and commissions, would apply. This legislation requires that, before the selling of any property, City 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. An appraisal of the market value of the subject parcel of land has been undertaken by City staff.

To complete the proposed sale, an executed Agreement of Purchase and Sale, in form satisfactory to the City Solicitor, is required from the adjoining property owner at premises No. 71 Elmer Avenue. The following terms and conditions would apply:

The Purchaser to:

(1)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 and conveyancing;

(2)Pay the purchase price of $7,500.00 which includes the fee in the land comprising the portion of the lane to be closed, measuring 2.1 metres x 6.4 metres for a total area of approximately 13.6 square metres (146 square feet), the estimated cost of relocating an overhead Rogers cable at $180.00 and all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyancing, estimated to be $3,500.00;

(3)Provide a cheque to cover the City's out of pocket expenses when such expenses are known to the City and agree that all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyancing will not be refunded in the event that the transaction is not completed; and

(4)Provide a Reference Plan for the portion of the lane to be closed, integrated with the Ontario Co-ordinate System.It is expected that the Commissioner of Works and Emergency Services' report on stopping up and closing a portion of the existing public lane will be considered at the same meeting of City Council as this report is considered. The date of completion of this transaction is to be as soon as possible following City Council approval.

Conclusion:

As there is no municipal interest in retaining this portion of the public laneway, and subject to City Council approving the stopping up and closing of the required portion of the existing public highway, the parcel of land should be declared surplus to the City's requirements and sold to the adjoining property owner at premises No. 71 Elmer Avenue. The sale price of $7,500.00, inclusive of the City's out-of-pocket expenses resulting from the closing, is considered fair and reasonable.

Contact Name:

Stuart Tufts, Telephone - 392 - 0010, Fax - 392 - 1880, E-mail - stufts@toronto.ca (cs99075.wpd)

Margaret Rodrigues

Commissioner of Corporate Services