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114 Bernard Avenue - Encroachment Agreement
(Ward 23 - Midtown)
The Administration Committee recommends the adoption of the following report (June 23, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:
Purpose:
To obtain approval to enter into an encroachment agreement with the owners of 114 Bernard Avenue respecting the garage encroachments within City property.
Financial Implications:
If approved, the standard fee of $350.00 will be received.
Recommendation:
It is recommended that approval be given to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 upon such terms and conditions that the City Solicitor and the Acting Commissioner of Corporate Services shall deem necessary in the interests of the City, including indemnifying the City against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses from such encroachment agreement being granted.
Background:
The former City of Toronto Council, at its meeting on April 6, 1987, authorized the expropriation of a private lane system within the block bounded by Madison Avenue, Bernard Avenue, Huron Street and Dupont Street for public lane purposes [ECR No. 11(33)]. Plan of Expropriation D-905 was registered on May 14, 1987. On January 11, 1988, the former Toronto Council passed By-law No. 90-88 dedicating the unencumbered portions of the expropriated lands for public lane purposes. PART 2 was excluded from the dedication by-law as it is completely encumbered by a portion of brick wall, a window sill and eavestrough of the garage situate at the rear of 114 Bernard Avenue.
Comments:
The solicitor for new owners of 114 Bernard Avenue has advised that as a condition of mortgage approval the financial institution requires his clients to enter into an encroachment agreement with the City with respect to the encumbrances set out as PART 2 on Expropriation Plan D-905. He has confirmed that his clients are prepared to execute the required documents and to the pay City’s fee of $350.00 plus GST and disbursements, including the cost to register the document in Land Titles.
Conclusion:
The request to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 is reasonable and approval should be granted.
Contact Name:
Carla Inglis, Facilities and Real Estate, 392-7212, Fax 392-1880, cinglis@toronto.ca.
(A copy of the maps attached to the foregoing joint report was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)
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