By-Law Stop-Close, and Sell Part of the Lane east of

Cordova Avenue, at the rear of 4879 to 4895 Dundas Street West,

between Parts 1 and 2 on Plan 64R-7692 (Kingsway-Humber)

The Etobicoke Community Council reports that pursuant to Clause No. 16 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 lane east of Cordova Avenue, at the rear of 4879 to 4895 Dundas Street West, between Parts 1 & 2, Plan 64R-7692 and to authorize the sale thereof to the abutting owner/s, 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, that the report (July 5, 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 lane east of Cordova Avenue, at the rear of 4879 to 4895 Dundas Street West, between Parts 1 & 2, Plan 64R-7692 and to authorize the sale thereof to the abutting owner in the form of the following draft by-law, be enacted by Council following Council's approval of the sale terms for the said portion of lane:

The Etobicoke Community Council submits the following report (July 5, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:

Purpose:

To defer enactment of a by-law to stop-up, close, and sell part of the lane east of Cordova Avenue lying between Parts 1 and 2 on Plan 64R-7692.

Financial Implications:

The City will receive revenue from the eventual sale of these lands.

Recommendations:

It is recommended that:

(1)enactment of a by-law to stop-up, close, and sell part of the lane at the rear of 4875 to 4895 Dundas Street West be deferred pending the conclusion of negotiations with the abutting owners;

(2)staff report back in due course with regards to negotiations of the price, terms, and conditions of sale for the portion of lane to the east of Cordova Avenue, lying between Parts 1 and 2 on Plan 64R-7692, at the rear of 4879 to 4895 Dundas Street West, shown hatched on the attached plan, measuring approximately 6.10 m (20 feet) x 53.58 m (175.79 feet), which is to be sold to the abutting owner/s, subject to the reservation of any necessary easements for municipal services or public utilities;

(3)a by-law in the form of the attached draft be enacted following Council's approval of the sale terms for the said portion of lane, 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

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

Background:

The abutting owner at 4879 to 4895 Dundas Street West has requested that the City take the steps necessary to sell the portion of the lane lying between Parts 1 and 2 on Plan 64R-7692 so that it can be assembled with his property which abuts to the north and south of the subject portion of the lane.

City Council at its meeting on June 9, 10 and 11, 1999 adopted Clause 16 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 lane.

Comments:

The subject property measures approximately 6.10 m (20 feet) x 53.58 m (175.79 feet) and according to the Manager, Traffic Planning, it accommodates vehicular access exclusively to the properties at 4879 to 4895 Dundas Street West which are under common ownership. The land could be assembled with the adjoining property to consolidate holdings.

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. The Manager, Traffic Planning, has advised that this portion of the lane provides no vehicular access benefit to the area, and will not serve any long-term strategic purpose from a traffic planning perspective.

Negotiations are underway with the abutting owner/s regarding the price, terms, and conditions of sale and staff will report back in due course.

The necessary public notice was published in the local newspaper for four consecutive weeks pursuant to Municipal Act requirements. The forum for any objections to the proposed closure is the Community Council.

Conclusion:

The property is not required for municipal purposes and should be sold to the abutting owner/s for assembly with their adjacent holdings.

It is recommended that enactment of a by-law to stop-up, close, and sell the surplus portion of lane be deferred. Staff will report back in due course with regards to the recommended price, terms, and conditions, at which time a by-law can be submitted 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 (ecc99111.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 lane east of Cordova Avenue,

at the rear of 4879 to 4895 Dundas Street West,

and to authorize the sale thereof

WHEREAS it is recommended that a portion of the public lane east of Cordova Avenue, at the rear of 4879 to 4895 Dundas Street West, be stopped up and closed as a public lane 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 lane and to authorize the sale thereof was published in the Etobicoke Guardian on June 23, 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 lane east of Cordova Avenue, at the rear of 4879 to 4895 Dundas Street West, 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 lane.

2.The soil and freehold of the portion of public lane 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