By-law to Stop-Up, Close and Sell the Lane

between Lots 73 & 74, Plan 1665, York,

West of 2620 St. Clair Avenue West

Ward 27, York Humber

The York Community Council recommends that as the requirements of the Municipal Act have been fulfilled and no evidence has been presented to the York Community Council to persuade it that the proposed by-law to Stop-Up, Close and Sell the public lane between Lots 73 and 74, Plan 1665, York, west of 2620 St. Clair Avenue West, and to authorize the sale thereof, should not be enacted, that the report dated June 28, 1999 from the Chief Administrative Officer and the Acting Commissioner of Corporate Services be adopted.

The York Community Council reports, for the information of Council, that pursuant to Clause 4 of Report No. 6 of the York Community Council, adopted by Council on June 9, 10 and 11, 1999, notice of the public hearing held by the York Community Council on July 15, 1999, with respect to the proposed by-law To Stop-Up and Close the Public Lane between Lots 73 & 74 on Plan 1665, York, west of 2620 St. Clair Avenue West, and To Authorize the Sale Thereof, was published in the Toronto Star on June 24, June 30, July 7 and July 14, 1999; and that no one appeared at the public hearing to address the York Community Council.

The York Community Council submits the following report (June 28, 1999) from the Chief Administrative Officer and the Acting Commissioner of Corporate Services:

Purpose:

To enact a By-law, To Stop-Up, Close and Sell the lane between Lots 73 and 74 on Plan 1665, York, west of 2620 St. Clair Avenue West.

Financial Implications:

The City will receive revenue in the amount of $17,000.00 from the sale of these lands.

Recommendations:

It is recommended that:

(1)a by-law in the form of the attached Draft (Appendix 'A'), To Stop-Up, Close and Sell the Lane between Lots 73 and 74, on Plan 1665, York, west of 2620 St. Clair Avenue West 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 lane measuring approximately 4.57 (15 feet) x 11.3 m (36.52 feet) irregular, shown hatched on the attached plan, be sold to the abutting owner(s), subject to the reservation of any necessary easements for municipal services or public utilities, at a price of $17,000.00; and

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

Background:

The abutting owner at 2620 St. Clair Avenue West has requested that the City take the steps necessary to sell the lane so that it can be assembled with his adjacent holdings. The same owner holds property to the east and west side of the lane.

City Council at its meeting on June 9, 10 and 11, 1999, adopted Clause 4 in Report No. 6 of the York Community Council, thereby declaring the property surplus to municipal requirements and authorizing staff to initiate the stop-up, close and sell the subject portion of lane.

Comments:

In 1993, the former City of York received a formal application from Zdeno Cycle Warehouse Ltd. to purchase the lane immediately west of its property. It appears that this file was not processed to its conclusion. Zdeno Cycle Warehouse Ltd. have recently advised that they are still interested in acquiring the lane.

The lane measures approximately 4.57 m (15 feet) x 11.13 m (36.52 feet) irregular and has been used exclusively by Zdeno Cycle for outdoor storage for several years.

A poll was taken to determine it there exists any municipal interest in retaining this property and no interest was expressed in this parcel of land.

An in-house opinion of value indicates a market value of $17,000.00 which the abutting owner at 2620 St. Clair Avenue West has agreed to pay.

The sale will be on the following basis:

Price:$17,000.00

Terms:Cash or certified cheque

Closing:Within sixty (60) 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

Survey and advertising costs at the expense of the purchaser

Conclusion:

The property is not required for municipal purposes and should be sold to the abutting owner(s).

It is recommended that a by-law to stop-up, close, and sell the surplus lane 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

Tel: (416) 392-1256; Fax: (416) 392-1880

Appendix 'A'

Authority:York Community Council

Clause 4, Report No. 6

Adopted by Council on June 9, 10 and 11, 1999

CITY OF TORONTO

BY-LAW NO.

To Stop-Up and Close the Public Lane between Lots 73 & 74,

on Plan 1665, York, west of 2620 St. Clair Avenue West, and

To Authorize the Sale thereof

WHEREAS it is recommended that the public lane between Lots 73 & 74, on Plan 1665, York, west of 2620 St. Clair Avenue 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 the public lane and to authorize the sale thereof, was published in the Toronto Star on June 24, 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 between Lots 73 & 74 on Plan 1665, York, west of 2620 St. Clair Avenue West, described as follows:

 is hereby stopped-up and closed as a public lane.

2.The soil and freehold of the portion of the 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 , 1999.