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

Road Allowance (Kingsway-Humber)

The Etobicoke Community Council reports that pursuant to Clause No. 15 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 Government Road road allowance adjacent to 43 Mill Cove 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, 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 Government Road road allowance adjacent to 43 Mill Cove 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 road allowance.

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 Government Road road allowance adjacent to 43 Mill Cove.

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 Government Road road allowance 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 the sale of the portion of the Government Road road allowance, shown cross-hatched on the attached plan, which is to be sold to the abutting owner at 43 Mill Cove, subject to the reservation of any necessary easements for municipal services or public utilities, and the balance of the land shown hatched on the attached plan to be conveyed to the Toronto Region Conservation Authority for a nominal sum of $1.00, subject to the reservation of any necessary easements;

(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 road allowance, 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 43 Mill Cove has requested that the City take the steps necessary to sell part of the adjacent unused road allowance so that it can be assembled with his property to allow for an addition to be built onto the existing house. He is only interested in acquiring a triangular portion of the unused road in order to effectively square off his irregular-shaped lot.

City Council at its meeting on June 9, 10 and 11, 1999, adopted Clause No. 15 contained in ReportNo. 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 is part of the untravelled road allowance for Government Road. The abutting owner to the south sat 43 Mill Cove has been utilizing the land for several years as additional sideyard without any formal agreement with the City.

The land to the north is owned by the Toronto & Region Conservation Authority. To the east of the site is a very steep embankment leading down to the Humber River Valley. Due to the setback required as a result of the steep embankment, the unused road allowance could not be developed as an independent building lot.

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. Easements may be required to be reserved for existing municipal services. Works staff have advised that the property may be encumbered by the foundations of an abandoned sanitary sewer pumping house including an overflow sewer for which they have no record of their removal.

Negotiations are underway with the abutting owner 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. The balance of the land not required to square off the lot at 43 Mill Cove will be offered to the Toronto and Region Conservation Authority to add to their holdings.

It is recommended that a by-law to stop-up, close, and sell the surplus portion of road allowance be deferred. 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 (ecc99112.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

Government Road, north of 43 Mill Cove,

and to authorize the sale thereof

WHEREAS it is recommended that a portion of the public highway Government Road, north of 43 Mill Cove, 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 Government Road, north of 43 Mill Cove, described as followsIn 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,

Mayor City Clerk