STAFF REPORT

January 4, 2000

To: Scarborough Community Council

From: H.W.O. Doyle, City Solicitor

Subject: McAsphalt Industries Limited and Rouge River Business Park

Ltd. - Subdivision Agreement

Purpose:

To report to Scarborough Community Council, as requested, on the status of provisions contained within the Subdivision and Amending Agreements with McAsphalt Industries Limited and Rouge River Park Limited dealing with a conveyance of land to the owners of lands abutting the plan of subdivision to the east (the "Regan Lands").

Financial Implications and Impact Statement:

Not applicable

Recommendations:

For information.

Background:

In dealing with the report of the Director of Community Planning, East District, dated October 28, 1999 with respect to the Preliminary Evaluation Report No. 2 for the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Application for lands located at 8800 Sheppard Avenue East, Scarborough Community Council requested that "the City Solicitor report to the Community Council meeting on January 18, 2000, respecting the status of the tripartite agreement affecting McAsphalt Industries Limited, the Regan Lands and the former City of Scarborough".

Comments:

The lands owned by McAsphalt Industries Limited and Rouge River Business Park Limited and which are the subject of the current applications were previously subdivided by the registration of Plan 66M-2297. As part of the subdivision process, the owners entered into a Subdivision Agreement dated January 24, 1994 and amended by Agreements dated March 24, 1995 and March 27, 1995. All of these agreements were registered on title to the subdivision lands.

All versions of the agreements include similar provisions respecting the conveyance of certain lands to the City of Scarborough and the City in turn, conveying these lands to the owners of abutting lands to the east. These lands are referred to as the Regan Lands.

Parts 2, 3, 4 and 5 on Plan 66R-15807 were conveyed to the City of Scarborough on February 29, 1996. The Agreements provide that these lands are to be held by the City "until they are sold for the purposes of future development with the abutting lands to the east (the 'Regan Lands')". The Agreements further provide that the sale of these lands is to be at fair market value as determined by two independent written appraisals prepared by qualified appraisers, satisfactory to the City and that the proceeds of such a sale shall be payable to Rouge River Park Limited or its successor or assign.

The Facilities and Real Estate Division is currently dealing with the solicitor for the Regans as the owners of abutting lands to the east with respect to this matter. The two appraisal reports submitted are currently being reviewed.

Conclusions:

The conveyance of the lands to the owners of abutting lands to the east will be completed in accordance with the provisions of the Subdivision and Amending Agreements once the Facilities and Real Estate Division is satisfied with the appraisal reports. The proceeds of the sale will be paid to Rouge River Park Limited in accordance with the Agreements.

Contacts:

Anna Kinastowski, Director

Planning & Development Law

Legal Services

Tel: (416)392-0080

Fax: (416)397-4420

H.W.O. Doyle

City Solicitor

Legal Services

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List of Attachments:

None

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