Stop Up and Closing - Remnant Portion of Public Lane
Crossing Harris Road and Authorization of the Sale Thereof
(Davenport)
The Toronto Community Council recommends that a by-law in the form of the draft by-law be enacted, and that
the necessary Bills be introduced in Council to give effect thereto.
The Toronto Community Council reports, for the information of Council, that pursuant to Clause 21 of Report No. 11 of
the Toronto Community Council, headed "Proposed Closing of the Remnant Portion of the Public Lane crossing Harris
Road (Davenport)" and Clause 33 of Report No. 11 of the Toronto Community Council, headed "Disposal and Sale of
City-owned Vacant Land Part of the Remnant Portion of the Public Lane Crossing Harris Road (a Private Road)
(Davenport)", which were adopted by City Council on July 27, 28, 29 and 30, 1999, notice with respect to the proposed
enactment of the draft by-law was advertised in a daily newspaper on September 20, September 27, October 4 and October
11, 1999, and no one addressed the Toronto Community Council.
The Toronto Community Council submits the following Draft By-law from the City Solicitor:
Authority:Toronto Community Council
Report No. ( ), as adopted
by Council on
CITY OF TORONTO
Bill No.
BY-LAW No. -1999
To stop up and close the remnant portion of the public lane crossing Harris Road and to authorize the sale thereof
WHEREAS it is recommended that the remnant portion of the public lane crossing Harris Road be stopped up and closed
as a public lane and be sold to the abutting owner on the terms and conditions set out in Clause 33 of Toronto Community
Council Report No. 11, as adopted by Council at its meeting held on July 27, 28 and 29, 1999;
AND WHEREAS notice of the proposed by-law to stop up and close the said portion of lane and to authorize the sale
thereof was published in The Globe and Mail on _____________________;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. The remnant portion of the public lane crossing Harris Road, described as follows:
In the City of Toronto and Province of Ontario, being composed of part of the Public Lane lying to the north of Lots 37 and
38 on Plan 839-York, designated as PART 1 on Plan 64R-15877, both said Plans being in the Land Registry Office for the
Metropolitan Toronto Registry Division (No. 64)
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 to
the abutting owner on the terms and conditions set out in Clause 33 of Toronto Community Council Report No. 11, as
adopted by Council at its meeting held on July 27, 28 and 29, 1999.
ENACTED AND PASSED this day of , A.D. 1999.
MEL LASTMAN,NOVINA WONG,
MayorCity Clerk
The Toronto Community Council also submits the following Clause 21 of Toronto Community Council Report No.
11, titled "Proposed Closing of the Remnant Portion of the Public Lane crossing Harris Road (Davenport)":
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Toronto Community Council recommends the adoption of the following report (June22,1999) from the
Director, Transportation Services, District 1:
Purpose:
To obtain City Council authority for the stopping-up and closing of a remnant portion of the public lane crossing the
private road "Harris Road".
Funding Sources, Financial Implications and Impact Statement:
N\A
Recommendations:
Subject to any additional terms and conditions including compensation and costs, that may be determined by City Council
in connection with the conveyance of the subject lane, as set out in the report to Toronto Community Council from the
Commissioner of Corporate Services:
(1)That the remnant portion of the public lane crossing Harris Road, shown hatched on the attached Plan SYE2893, be
stopped-up and closed; and
(2)That the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing, including
the introduction in Council of any Bills that might be required, and give notice to the public.
Comments:
Works and Emergency Services has received and evaluated a request from Blake, Cassels and Graydon on behalf of
1260200 Ontario Inc., to stop up and close the remnant portion of the public lane crossing the private road "Harris Road",
shown hatched on the attached Plan SYE2893. The closing is required by the applicant in order to incorporate this land into
the development site. The portions of the public lane to the east and west of the subject lands were previously closed by
by-law. I have assessed the proposal and consider it feasible.
A separate report on the terms and conditions of the sale of these lands will be submitted to the Toronto Community
Council by the Commissioner of Corporate Services.
This undertaking is pre-approved in accordance with Schedule "A" of the Class Environmental Assessment for Municipal
Road Projects.
Contact Name and Telephone Number:
Laurie Robertson
Project Technician - Street and Lane Closings
(392-7711)
Insert Table/Map No. 1
Harris Road
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The Toronto Community Council also submits the following Clause 33 of Toronto Community Council Report No.
11, titled "Disposal and Sale of City-owned Vacant Land Part of the Remnant Portion of the Public Lane Crossing
Harris Road (a Private Road) (Davenport)":
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Toronto Community Council recommends the adoption of the following report (June21,1999) 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
Insert Table/Map No. 1
Vacant Land - Harris Road
