CITY CLERK

Clause embodied in Report No. 4 of the Corporate Services Committee, which was before the Council of the City of Toronto at its meeting held on April 13, 14 and 15, 1999.

12

2829, 2831 and 2833 Dufferin Street - Proposed

Closure and Sale of a Lane and 0.3 Metre Reserve,

Registered Plan 2988 (Ward 8 - North York Spadina)

(City Council on April 13, 14 and 15, 1999, struck out and referred this Clause to the North York Community Council for further consideration and report thereon to City Council.)

The Corporate Services Committee recommends the adoption of the following report (February24, 1999) from the Commissioner of Corporate Services:

Purpose:

To obtain Council approval for the sale of the subject property to the abutting property owner at 2829, 2831 and 2833 Dufferin Street.

Financial Implications:

The sale of the subject property will generate funds in the amount of $28,800.00.

Recommendations:

It is recommended that:

(1)the City accept the Offer to Purchase for the subject property made by the abutting property owner, 1145666 Ontario Inc., for the appraised value of $28,800.00;

(2)the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Offer to Purchase 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:

The subject lane was laid out as a public highway on Plan 2988 registered on July 10, 1940. It is currently not maintained by the City and does not provide a municipal function. The abutting property owner has exclusive use of it for vehicular access and parking in conjunction with its auto body shop at the southeast corner of Dufferin Street and Hillmount Avenue.

From a visual perspective, the lane and the purchaser's abutting properties, appear to be one contiguous commercial holding. However, legally there are two commercial sites separated by the subject lane.

On July 9, 1997, the Council of the former City of North York considered a report from the Transportation Committee recommending the closure and disposal of the subject lane and 0.3 metre reserve located at its south limit.

Pursuant to the above, staff entered into negotiations with the abutting property owner for the sale of the subject lane and 0.3 metre reserve and agreement has now been reached. The financial consideration is $28,800.00 and is based on the appraised value according to an independent appraisal prepared by Fish Marks Consulting for the City and the details of the sale are:

Purchaser:1145666 Ontario Inc.

Size:Frontage6.09 metres(20 feet)

Depth36.57 metres(120 feet)

Area:222.96 square metres(2,400 square feet)

Zoning:To assume a commercial zoning upon lane closure C1(70) and C1(71)

C1(70) - In addition to the uses permitted in a C1 zone, a motor vehicle body repair shop is also permitted.

C1(71) - A parking area and a parking lot are the only permitted uses.

Closing Date:The date of completion of this agreement shall be on or before 90 days after the by-law authorizing the sale of the subject section of the closed road allowance becomes final and binding. Such completion shall be confirmed by the respective parties' solicitors following registration of the by-law.

Solicitor:Samy Ouanounou, 6400 Yonge Street, Centerpoint Mall, North York, Ontario, M2M 3X4 (416-222-3434).

Easements:Nil.

Conclusion:

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

Contact Name:

Wayne O'Brien, Telephone: 392-1167, Fax: 392-1880, E-mail: wobrien@toronto.ca.

(A copy of Appendices A, B and C, attached to the foregoing report was forwarded to all Members of Council with the March 25, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)