40R Wells Street -

Declaration as Surplus

(Ward 23 - Midtown)

 The Corporate Services Committee recommends the adoption of the following report (June 5, 1998) from the Commissioner of Corporate Services:

 Purpose:

 To secure City Council authority to declare 40R Wells Street as surplus to the City's requirements.

 Financial Implications:

 Revenue will be generated from the eventual sale of these lands.

 Recommendations:

 It is recommended that:

 (1)City Council declare as surplus the City-owned property known municipally as 40R Wells Street described as being part of Lot 6 in Block "B" and part of Lot 1 in Block "C", according to registered Plan 324-York;

 (2)the Commissioner of Corporate Services be directed to give notice to the public of the lands declared surplus; and

 (3)the appropriate City officials be authorized to take the necessary action to give effect to the foregoing recommendations.

 Background:

 As a result of a Municipal Tax Sale held in March, 1935, title to a parcel of land, known municipally as 40R Wells Street, vested with the City of Toronto. This rectangular shaped parcel of vacant land is located between Howland and Brunswick Avenues, north of Wells Street. Over the years, area residents have made numerous complaints about the property being overgrown with brush and weeds, the intermittent habitation by vagrants and the dumping of garbage. Various attempts to lease the lands to adjoining property owners for garden purposes failed and the parcel remains vacant. Recently, the majority of the adjoining property owners expressed interest in acquiring portions of the property for the extension of their rear lot limits.

 Comments:

 40R Wells Street, situate at the rear of premises 40-44 Wells Street, has a north-south measurement of approximately 113 feet, an east-west measurement along the north limit of approximately 71.9 feet and contains an approximate area of 8,122.8 square feet. The parcel is accessed by way of a footpath right-of-way extending northerly between premises Nos. 38 and 40 Wells Street. The parcel is zoned R2 Z1.0.

 A poll was undertaken of various former City of Toronto divisions, Boards and Agencies and the former Metro, to determine if there exists any municipal interest in retaining the property. The only potential interest expressed was from the former City's Parks and Recreation Division. Parks staff assessed the feasibility of establishing a Community Garden at this location. However, the proposal was withdrawn due to lack of sufficient demand and interest in the community to sustain a Community Garden.

 The adjoining property owners are desirous in acquiring a portion of the City's land to extend the limits of their respective backyards. In order to proceed with individual sales of the property to the adjoining property owners, the City must comply with the procedures governing disposal of property. The provisions of the Planning and Municipal Statute Law Amendment Act, 1994 (Bill 163) respecting the sale of real property, by the City, its Agencies, Boards and Commissions, took effect January 1, 1995. This legislation requires that, before the selling of any property, City 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 must obtain at least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation. An appraisal of the market value of the site has been undertaken by staff appraisers.

 Conclusion:

 In order to proceed with the sale of 40R Wells Street to the abutting property owners, City Council should declare the lands surplus to the City's requirements.

 Contact Name:

 Carla Inglis, 392-7212, Fax: 392-1880, cinglis@city.toronto.on.ca, (cs98086.wpd)

 (A copy the location maps attached to the foregoing report was forwarded to all Members of Council with the June 22, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)