By-law to Stop-Close, and Sell Part of the

Mill Road Road Allowance (Markland-Centennial)

The Etobicoke Community Council reports that pursuant to Clause No. 17 of Report No. 7 of The Etobicoke Community Council, as adopted by Council on June 9, 10 and 11, 1999, notice of the public hearing held by the Community Council on July 15, 1999, with respect to the proposed by-law to stop up and close a portion of the Mill Road road allowance and to authorize the sale thereof to the abutting owner, was published in the Etobicoke Guardian Newspaper on June 23 and 30, July 7 and 14, 1999, and that no one appeared at the public hearing on July 15, 1999, to address the Community Council.

The Etobicoke Community Council recommends that as the requirements of the Municipal Act have been fulfilled and no evidence has been presented to the Community Council to persuade it that the proposed by-law should not be enacted, the report (June 25, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services, be adopted and the by-law to stop up and close a portion of the Mill Road road allowance and to authorize the sale thereof to the abutting owner in the form of the following draft by-law, be enacted by Council:

The Etobicoke Community Council submits the following report (June 25, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:

Purpose:

To enact a by-law to stop-up, close, and sell part of the Mill Road road allowance adjacent to 339Markland Drive.

Financial Implications:

The City will receive revenue in the amount of $38,000.00 from the sale of these lands.

Recommendations:

It is recommended that:

(1)a by-law in the form of the attached draft to stop-up close, and sell part of Mill Road 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;

(2)the portion of the Mill Road road allowance, shown hatched on the attached plan, measuring approximately 6.10 metres (20 feet) x 36.58 metres (120 feet) subject to survey, be sold to the abutting owner at 339 Markland Drive, subject to the reservation of any necessary easements for municipal services or public utilities, at a price of $38,000.00; and

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

Background:

The abutting owner at 339 Markland Drive has requested that the City take the steps necessary to sell a 6.10 m (20 feet) wide by 36.58 m (120 feet) deep portion of the road immediately to the west so that it can be assembled with his property to allow for an addition onto his house.

City Council at its meeting on June 9, 10 and 11, 1999, adopted Clause 17 in Report No. 7 of the Etobicoke Community Council thereby declaring the property surplus to municipal requirements and authorizing staff to initiate the process to stop-up, close, and sell the subject portion of road allowance.

Comments:

The subject property forms part of the Mill Road road allowance. In this location the road allowance has a width of 26.21 m (86 feet). Transportation staff have confirmed that a standard width of 20.12m (66 feet) would suffice in this location for any potential future transportation needs as shown on the attached plan. There is a sewer pumping station located along the westerly portion of the road allowance and storm and sanitary sewers run down the middle of the road such that it could not feasibly be developed as a building lot. The road ostensibly leads to the Markland Woods Golf Course, however, the road is not used for access by the golf course and there is a fence at the south limit of the road.

The owner to the west, at 335 Markland Drive, is not interested in buying any part of the road.

A poll was taken to determine if there exists any municipal interest in retaining this property and no interest was expressed in this parcel of land. There is a water main along the east side of the road and an easement will be reserved for this purpose.

An appraisal was completed by John Regina and Associates indicating a price of $38,000.00, which the abutting owner has agreed to pay.

The sale will be on the following basis:

Price:$38,000.00

Terms:Cash or certified cheque

Closing:Within sixty days of approval

Condition:"As-is" basis

Easements:To be reserved for any municipal services or public utilities

Other:Subject to the usual adjustments on closing.

Conclusion:

It is recommended that a by-law to stop-up, close, and sell the surplus portion of road allowance 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: (416) 392-1256; Fax No.: (416) 392-1880 (ecc99108.wpd)

Authority:Etobicoke Community Council

Report No. ( ), as adopted

by Council on , 1999

CITY OF TORONTO

Bill No.

BY-LAW No. -1999

To stop up and close a portion of the public highway

Mill Road, west of 339 Markland Drive,

and to authorize the sale thereof

WHEREAS it is recommended that a portion of the public highway Mill Road, west of 339 Markland Drive, be stopped up and closed as a public highway 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 portion of public highway and to authorize the sale thereof was published in the Etobicoke Guardian on June23, June 30, July 7 and July 14, 1999;

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

1.The portion of the public highway Mill Road, west of 339 Markland Drive, described as follows:

In the City of Toronto (formerly the City of Etobicoke) and Province of Ontario, being composed of

is hereby stopped up and closed as a public highway.

2.The soil and freehold of the portion of public highway 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 , A.D. 1999.

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk