Disposal and Sale of City-owned Vacant Land

Part of the Remnant Portion of the Public Lane

Crossing Harris Road (a Private Road) (Davenport)

The Toronto Community Council recommends the adoption of the following report (June 21, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:

Purpose:

The purpose of this report is to obtain City Council approval:

(a)to declare as surplus City-owned lands shown as Part 1 on Plan of Survey 64R-15877, being a remnant portion of the public lane crossing Harris Road (a Private Road); and

(b)to authorize the sale of Part 1 to 1260200 Ontario Inc., the adjoining property owner at a sale price of $9,205.50.

Financial Implications:

The proceeds from the sale of these lands will generate revenues to the City as set out in this report. The net proceeds from the sale of these lands should be credited to the Capital Funds From Assets Sold Account.

Recommendations:

Subject to City Council approving the stopping up and closing of the remnant portion of the public lane crossing Harris Road (a Private Road), shown as Part 1 on Plan 64R-15877, (the "Remnant Lane") it is recommended that:

(1)City Council declare the proposed conveyance of the Remnant Lane to be in compliance with Section 3.3 of the former City of Toronto Official Plan, Part 1- Cityplan;

(2)the Remnant Lane be declared surplus;

(3)the Remnant Lane be sold to 1260200 Ontario Inc. upon compliance with the following terms and conditions:

(a)indemnify the City together with such other persons as the City Solicitor may require, against all lost, cost, damage or action arising as a result of the closing and/or the sale;

(b)pay to the City the sum of $9,205.50 for the Remnant Lane, reflecting an overall rate of $149.93 per square metre of land;

(c)pay all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyance, estimated to be $3,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed, the cost for the City's out-of-pocket expenses is estimated and the applicant will be responsible for the actual cost; and

(d)comply with such other terms and conditions as the City Solicitor may deem advisable to protect the City's interests;

(4)upon compliance with the terms and conditions set out in Recommendation No. 3 above, the Remnant Lane be conveyed to 1260200 Ontario Inc.;

(5)the Acting Commissioner of Corporate Services be directed to give notice to the public of the proposed sale to the adjoining property owner of the Remnant Lane;

(6)the City Solicitor, in consultation with the Executive Director of Facilities and Real Estate, be authorized to complete this transaction on the basis of such terms and conditions as required by the City Solicitor and in a form and content satisfactory to the City Solicitor; and

(7)the appropriate Civic Officials be authorized to take the necessary action to give effect to the foregoing, including introducing the necessary bills in Council.

Background:

1260200 Ontario Inc. is proceeding with a proposal to develop a large parcel of land on the north side of St. Clair Avenue West, extending easterly from Symes Road to Gunns Road. 1260200 Ontario Inc. has submitted an application to the Commissioner of Works and Emergency Services to stop up, close and convey the Remnant Lane. 1260200 Ontario Inc. is the only adjoining owner of this portion of public lane.

The Commissioner of Works and Emergency Services is reporting to the Toronto Community Council meeting of July 15, 1999 for referral to City Council for approval on July 27, 28, and 29, 1999, on this application to stop up and close this remnant portion of a public lane. Staff of Works and Emergency Services have indicated that they have no objections to the sale of the Remnant Lane to the adjoining property owner.

1260200 Ontario Inc. has expressed an interest in acquiring the Remnant Lane, containing an area of approximately 61.4 mē and has agreed to pay the sum of $9,205.50, being the estimated market value for Part 1.

Comments:

City Council, at its meeting held on July 31, 1998, passed By-law No. 551-98 to establish procedures governing the sale of Real Property. Where City Council has declared a site to be surplus in accordance with the Municipal Act, the Commissioner of Corporate Services shall give notice to the public of the proposed sale. An appraisal of the current market value of the site has been completed by City staff.

Conclusion:

The Remnant Lane is surplus to City requirements and, subject to City Council approving the stopping up and closing of the Remnant Lane as a public highway, the sale of this land at market value to the adjoining owners is acceptable. The sale will result in $9,205.50 being paid to the City for the land.

Contact Name:

Ron J. Banfield

Telephone - 392-1859

Fax - 392-1880

E-mail - rbanfiel@toronto.ca