STAFF REPORT

January 26, 2000

To: Toronto Community Council

From: Director, Transportation Services District 1

Subject: Acquisition for public lane purposes of the private lane in the block bounded by Brunswick Avenue, Ulster Street and Major Street (Trinity-Niagara)

Purpose:

To acquire the necessary lands for the establishment of a public lane at the above-noted location, in response to a request from the affected residents.

Financial Implications and Impact Statement:

Funds have been requested in the 2000 Capital Budget submission for the acquisition of private lanes for public lane purposes. The cost of acquiring the subject lands will be determined by the Acting Commissioner of Corporate Services.

Recommendations:

That your Committee recommend that City Council:

(1) Authorize an application to Council for approval of the expropriation of all rights, title and interests, for public lane purposes, of certain land described as follows:

SCHEDULE "A"

In the City of Toronto and Province of Ontario, being composed of parts of Lots 21 and 24 on Plan 87 and the Private Lane and parts of Lots A and B on Plan 1133 designated as Parts 1, 5, 6, 7 and 8 on Plan 64R-16211, all of the said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64).

(2) Authorize the service and publication of the Notice of such application required by the Expropriations Act;

(3) Authorize the appropriate Officials to forward to the Chief Inquiry Office, pursuant to the said Act, any requests for hearings that are received;

(4) Authorize the Acting Commissioner of Corporate Services to obtain any appraisal reports required to comply with The Expropriations Act;

(5) Direct the appropriate Officials to report further to City Council as the occasion may require;

(6) Authorize a by-law to lay out the lands to form the new lane as described in Schedule "A" hereinabove, and thereafter dedicate the lands for public lane purposes; and

(7) Authorize the appropriate Officials to take whatever action is necessary to give effect thereto, including the introduction in City Council of any bills that might be necessary.

Background:

At the request of the area property owners, staff have investigated the possibility of establishing a public lane at the above-noted location. Of the 15 affected property owners, 10 are willing to convey their interests in the private lane to the City for nominal cost.

Comments:

The possibility of establishing a public lane at the above-noted location, as shown on the attached Drawing No. 421F-5608 dated January 2000, has been investigated by staff and has been determined to be feasible. A print of Plan 64R-16211 which shows the lane as Parts 1, 5, 6, 7 and 8 has also been deposited with the Administrator of your Committee.

In order to establish a public lane at this location, it will be necessary to:

(a) acquire the residue lands with ownership dating back to the eighteen hundreds, identified as Part 1 on Plan 64R-16211;

(b) acquire Parts 5, 6, 7 and 8 on Plan 64R-16211, from the appropriate owners; and

(c) extinguish all of the interests and rights-of-way over the lands referred to in Items (a) and (b) above.

Parts 2, 3 and 4 on Plan 64R-16211, are encumbered by structures and are excluded from the acquisition.

The majority of the affected property owners are willing to convey their interests in the private lane to the City. However, given that a major portion of the lane is composed of residue lands, procedurally, the most expeditious way to acquire free and clear title all the required lands is by expropriation.

This undertaking is pre-approved in accordance with Schedule "A" of the Class Environmental Assessment for Municipal Road Projects.

Conclusions:

The subject lane is suitable for public lane purposes and in order to acquire free and clear title to the lane lands, it is necessary to obtain City Council approval to commence formal expropriation proceedings.

Contact:

John Mende, Manager,

Traffic Planning

Telephone: (416) 392-7713

Fax: (416) 392-1920

Director

LR/ja

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List of Attachments:

Drawing No. 421F-5608, dated January 2000