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By-law to Stop-Up, Close and Convey Part of the

Keelesdale Road and Photography Drive Road Allowances

Ward 27, York Humber

The York Community Council recommends the adoption of the following report (June 17, 1999) from the Acting Commissioner of Corporate Services:

Purpose:

To enact a by-law to stop-up, close, and convey part of the Keelesdale Road and Photography Drive road allowances.

Financial Implications:

None.

Recommendations:

It is recommended that:

(1)a by-law in the form of the attached draft (Appendix 1)to stop-up, close, and convey those parts of Keelesdale Road and Photography Drive shown as Areas 1, 2 and 3 on the attached Plan SYE2917 be enacted, subject to the appropriate legal description being inserted in section 1 of the attached draft following the deposit of the necessary reference plan in the appropriate Land Registry Office; and

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

Background:

City Council, at its meeting held on March 2, 3, and 4, 1999, approved Clause 13 of Corporate Services Committee Report No. 2, authorizing staff to initiate the process to stop-up, close, and convey those portions of Keelesdale Road and Photography Drive intended to be included in the proposed land exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive.

Comments:

As directed by City Council, negotiations are proceeding with a view to finalizing the terms and conditions of a land exchange between the City and Rutledge Development Corporation (Rutledge). The City will achieve assembly of a site to satisfy its needs for a future transit facility in the south-west quadrant of Black Creek Drive and Eglinton Avenue West while Rutledge will complete an assembly of the former DRENA holdings, Ministry of Transportation of Ontario lands, together with the subject City road allowances for a 9,300 m2 retail plaza development.

Accordingly, a by-law is required to stop-up, close, and convey these parcels of land in order to complete the land exchange with Rutledge.

The land exchange proposal provides for Rutledge to acquire Areas 1, 2, and 3 on the attached plan (Appendix 2) for assembly with the DRENA holdings and land Rutledge is acquiring from MTO. Rutledge will take title to the lands under the name of Black Creek Property Limited.

Part of the former DRENA holdings, identified as Area 4, will be transferred by Rutledge to the City, together with Areas 5 and 6 that Rutledge will first acquire from MTO.

Area 7 will be dedicated to the City for a corner rounding at the intersection of Eglinton Avenue West and Black Creek Drive.

Area 8 is already owned by the City. The combined Areas 4, 5, 6, and 8 will provide the land base for the City's future transit facility.

In summary, Rutledge will transfer 0.4371 ha (1.08 acres) to the City for the future transit facility, and the City will transfer 0.3319 ha (0.82 acre) to Rutledge, for a difference of 0.1052 ha (0.26 acre). Rutledge has also proposed to transfer to the City an additional parcel, which is surplus to MTO, comprising 0.1659 ha (0.41 acre), located at the south-west corner of the intersection of Black Creek Drive and Photography Drive. This additional parcel could serve as open space or a billboard sign location.

Discussions are ongoing with Rutledge regarding the terms and conditions of the land exchange. A further report will be submitted in due course to the Administration Committee with regard to the land exchange agreement.

Conclusion:

It is recommended that a by-law to stop-up, close, and convey the surplus portions of road allowances be approved. Once the required survey plan is registered, the appropriate Parts can be included in the by-law for enactment by Council.

Contact Name:

Francois (Frank) G. Bedard

Manager, Realty Services

Etobicoke-York Districts

Telephone: 392-1256; Fax: 392-1880

Appendix 1

CITY OF TORONTO

DRAFT BY-LAW NO.

(To Stop-Up and Close portions of the public highways

Keelesdale Road and Photography Drive near the south-west intersection

of Eglinton Avenue West and Black Creek Drive and

to Authorize the Sale thereof)

WHEREAS it is recommended that portions of the public highways Keelesdale Road and Photography Drive near the south-west intersection of Eglinton Avenue West and Black Creek Drive be stopped-up and closed as public highways and be sold on terms and conditions to be determined by Council; and

WHEREAS notice of the proposed by-law to stop-up and close the said portions of public highways and to authorize the sale thereof was published in the York Guardian on May 28, June 4, June 11, and June 18, 1999;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.The portions of the public highways Keelesdale Road and Photography Drive near the south-west intersection of Eglinton Avenue West and Black Creek Drive, are hereby stopped-up and closed as public highways.

2.The soil and freehold of the portions of public highways stopped-up and closed by Section 1 of this By-law shall be sold on terms and conditions to be determined by Council.

ENACTED and PASSED this day of , 1999.

 Appendix 2

Map of Parts of Keelesdale Road and Photography Drive

 

   
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