STAFF REPORT

December 29, 1999

To: Administration Committee

From: Acting Commissioner of Corporate Services

Subject: Declaration as Surplus

Vacant parcel of land adjoining 33 Upwood Avenue

(Ward 6 - North York Humber)

Purpose:

To secure authority to declare the property surplus to municipal requirements.

Financial Implications and Impact Statement:

Revenue will be generated from the eventual sale.

Recommendations:

It is recommended that:

(1) the parcel of vacant land adjoining 33 Upwood Avenue, described as Block C on Registered Plan M-849, be declared surplus to the City's requirements and offered for sale to the adjoining owners, and all steps necessary to comply with By-law 551-1998 be taken;

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

Background:

The former City of North York acquired the subject parcel of vacant land in 1965 as a result of a Municipal Tax Sale. On February 17, 1972, North York registered By-Law 24219 declaring the lands required for road purposes, however, the lands were never laid out and dedicated. The subject parcel is located at the easterly end of Upwood Avenue and adjoins the northerly limit of 33 Upwood Avenue. Since 1993, the adjoining property owner has been maintaining the City-owned parcel of land and has recently expressed interest in its acquisition.

Comments:

A circulation to the City's Agencies, Boards, Commissions and Departments was undertaken to ascertain whether or not there is any municipal interest in retaining the parcel of land at Upwood Avenue. The disposal circulation has been completed. Works and Emergency Services has determined that the subject parcel is no longer required for road purposes and can be disposed. No other municipal interest was expressed in retaining the parcel of land and accordingly, this report recommends declaring this site surplus to municipal requirements. The Property Management Committee has reviewed this matter and concurs with the recommendations of this report. Details of the property to be declared surplus are as follows:

Subject Property: Vacant parcel of land adjoining 33 Upwood Avenue

Legal Description: Block C, Plan M-849

Approximate Dimensions: 10.05 m by 22.86m (33' by 75')

Approximate Site Area: 259 mē (2,788 square feet)

Improvements: Vacant Land

Zoning: RM2

In order to proceed with the disposal of the subject parcel of vacant land on Upwood Avenue, the City must comply with the procedures governing disposal of property. Section 193(4) of the Municipal Act requires that, before selling any property, Council must declare the property to be surplus by by-law or resolution passed at a meeting open to the public, give notice to the public of the proposed sale and obtain at least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation.

Conclusions:

As no municipal interest has been expressed in retaining the parcel of land adjoining 33 Upwood Avenue, City Council should declare this property surplus to the City's requirements and offer it for sale to the adjoining property owners.

Contact:

Leila Valenzuela; 392-7174 Fax No.: 392-1880; lvalenzu@toronto.ca (ac0-006.doc)

Brenda Glover

Acting Commissioner of Corporate Services