Property Declaration:
Yonge Dundas Redevelopment Project
The Corporate Services Committee recommends the adoption of the following report (November23, 1998) from the
Commissioner of Corporate Services:
Purpose:
To secure authority to declare portions of the Yonge Dundas Redevelopment Project lands surplus to the City's
requirements for the purposes of s. 193(4) of the Municipal Act.
Funding Sources, Financial Implications and Impact Statement:
Revenue will be generated from the ultimate sale of the subject lands.
Recommendations:
It is recommended that:
(1)for the purposes of Section 193(4) of the Municipal Act, the following properties be declared surplus to City
requirements, namely: (a) the properties known municipally as 311Yonge Street, 313 Yonge Street, 317 Yonge Street, 323
Yonge Street and 327 Yonge Street (the Yonge Street properties); (b) the City's exclusive possession of portions of
O'Keefe Lane, Victoria Street and Gould Street over which easements are being granted, either to utility companies or to
adjoining property owners for right-of-way purposes, all as shown on the attached sketches; and, upon compliance with the
requirements of By-law No. 551-98, the Yonge Street properties be sold to PenEquity Management Corporation on the
terms delineated by Council in adopting Clause No. 26 of Report No. 10 of The Strategic Policies and Priorities
Committee at its meeting held on July 8, 9, and 10, 1998;
(2)Council affirm that the sale of the Yonge Street properties is in accordance with and pursuant to Section 28 of the
Planning Act; and
(3)the appropriate City officials be authorized to take the necessary action to give effect to the foregoing
recommendations.
Council Reference/Background/History:
At its meeting held on July 8, 9 and 10, 1998, Council endorsed its commitment to proceed with the Yonge Dundas
Redevelopment Project. Among the matters thereby authorized were the expropriation of certain properties on Yonge
Street, the continuation and amendment of an agreement with PenEquity Management Corporation regarding the future
development of a portion of such lands, and development of the public square. The agreement with PenEquity provides for
the City to ultimately convey to PenEquity the Yonge Street properties (hatched on the sketch attached as Appendix A-1),
as well as a portion of O'Keefe Lane, (Parts 2, 3 and4 on Appendix A-1). At its meeting held on October 28, 29 and 30,
1998, Council adopted Clause Nos. 61 and 62 of Report No. 12 of the Toronto Community Council, and Clause No. 7 of
Report No. 15 of The Corporate Services Committee, thereby authorizing closing and conveying, or closing and retaining
(subject to the creation of rights-of-way in favour of utilities or adjoining property owners), affected portions of O'Keefe
Lane (shown on Appendix A-2 and Parts 1 to 4 on Appendix A-1), Victoria Street and Gould Street (shown on Appendix
A-3).
Comments and/or Discussion and/or Justification:
Council has endorsed its commitment to the Yonge Dundas Redevelopment Project, and directed appropriate City officials
to take whatever steps are necessary to implement the Yonge Dundas Redevelopment Project as approved. Section 193(4)
of the Municipal Act requires that before selling any real property, a municipality must declare the property surplus. In the
present instance, however, the Yonge Street properties were acquired as part of a community improvement plan adopted
by the City pursuant to Section 28 of the Planning Act. There is an apparent inconsistency in the provisions of the two
Acts. The sale of the properties is not because the property is surplus to the City's needs, rather the sale is to implement the
City's objectives, as they have been expressed in the community improvement plan. Therefore, the Yonge Street properties
should be declared surplus solely for the purposes of and in accordance with Section 193(4) of the Municipal Act, but at
the same time Council should affirm that the Yonge Street properties were acquired and will be disposed of in accordance
with the objectives of the community improvement plan and pursuant to Section 28 of the Planning Act.
Conclusions:
In order to proceed with the sale of the City's lands to PenEquity, and the granting of easements to utility companies and
for right-of-way purposes to adjoining properties, City Council should declare the relevant interests in the lands surplus to
the City's requirements, solely for the purposes of compliance with the property disposal provisions of Section 193 of the
Municipal Act. In doing so, Council affirms that the sale is to achieve the goals of the City described in the community
improvement plan.
Contact Name:
Barbara A. Cappell, 397-4055, Fax: 392-3848
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(A copy of Appendices A-1, A-2 and A-3 referred to in the foregoing report was forwarded to all Members of Council with
the December 7, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the
City Clerk.)
