Hearing - Stop Up and Closing - O'Keefe Lane,

East of Yonge Street, Between

Dundas Street East and Dundas Square (Downtown)

The Toronto Community Council recommends that a by-law in the form of the draft by-law be enacted, and that the necessary Bills be introduced in Council to give effect thereto.

The Toronto Community Council reports, for the information of Council, that pursuant to Clause 61 of Report No. 12 of the Toronto Community Council titled "Stop-Up and Closing of Public Lane O'Keefe Lane, Extending Between Dundas Street East & Dundas Square - Yonge Dundas Redevelopment (Downtown)" which was adopted, without amendment, by City Council on October 28, 29 and 30, 1998, notice with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on November 18, November 24, December 1 and December 8, 1998, and no one addressed the Toronto Community Council.

The Toronto Community Council submits the following draft by-law:

Authority:Toronto Community Council

Report No. __ (__), as adopted

by Council December 16, 1998

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To stop up and close the public lane O'Keefe Lane, east of Yonge Street, extending between Dundas Street East and Dundas Square.

WHEREAS it is recommended that the public lane O'Keefe Lane, east of Yonge Street, extending between Dundas Street East and Dundas Square be stopped up and closed as a public lane;

AND WHEREAS notice of Council's intention to stop up and close the public lane was advertised in a daily newspaper on November 18, 24, December 1 and 8, 1998.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.The public lane O'Keefe Lane, east of Yonge Street, extending between Dundas Street East and Dundas Square, described by W. Kowalenko, Esq., O.L.S., City Surveyor, as follows:

In the City of Toronto and Province of Ontario, being composed of the Public Lane dedicated by City of Toronto By-law 705-88 (Unregistered) lying to the east of Lots 15, 16 and 17 on the east side of Yonge Street, known as O'Keefe Lane, the said Lots and Lane being according to Plan 22A, designated as PART 11 on Plan of survey 64R-15468, both Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64)

The northerly limit of Dundas Square and the southerly limit of Dundas Street East as confirmed under the Boundaries Act by Plan BA-597 (CT105506)

is hereby stopped up and closed as a public lane.

ENACTED AND PASSED this day of December, A.D. 1998.

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

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The Toronto Community Council also submits Clause 61 of Report No. 12 of the Toronto Community Council, headed "Stop-Up and Closing of Public Lane O'Keefe Lane, Extending Between Dundas Street East & Dundas Square - Yonge Dundas Redevelopment (Downtown)":

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Toronto Community Council recommends the adoption of the following report (September 30, 1998) from the Director, Transportation Services, District 1:

Purpose:

To authorize the stopping-up and closing of the public lane O'Keefe Lane, east of Yonge Street extending between Dundas Street East and Dundas Square, to accommodate the construction of a City owned public square and underground parking structure on Parcel D of the Yonge Dundas Redevelopment Project.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the statutory processing of the proposal are accommodated in Yonge Dundas Capital Fund Account No. 216692.

Recommendations:

(1)That the public lane O'Keefe Lane, shown hatched on the attached Plan SYE2854, be stopped-up and closed as public lane, and placed under the jurisdiction of the Commissioner of Corporate Services;

(2)That an easement be reserved for Toronto Hydro, over a portion of O'Keefe Lane, for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of the existing underground conduit and for the construction of additional or new services, with the exact location to be determined after construction, by survey;

(3)That the public hearing required to be held pursuant to the terms of the Municipal Act be held by the Toronto Community Council; and

(4)That the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing recommendations, including the introduction in Council of any Bills that might be required and provide notice to the public.

Background:

The former Toronto City Council, at its special meeting of May 6, 1997, in considering Minute S16.2, directed, among other things, the Commissioner of City Works Services to initiate the street and lane closing process as may be required to undertake the Yonge Dundas Redevelopment Project. The closing of O'Keefe Lane, shown hatched on the attached Plan SYE2854, is necessary to accommodate the construction of a City-owned public square with a 250 space underground parking garage.

City Council, at its meeting of July 8, 9 and 10, 1998 adopted, as amended, Clause 26 in Report No. 10 of the Strategic Policies and Priorities Committee, and in doing so authorized the Yonge Dundas Redevelopment Project to proceed.

Comments:

The development of Parcel D of the Yonge Dundas Redevelopment Project, being the block bounded by Yonge Street, Dundas Street East, Victoria Street and Dundas Square, involves the acquisition by the City of Premises Nos. 285 to 301 (inclusive) Yonge Street, the surface parking lot at Premises No. 25 Dundas Street East (operated by the Toronto Parking Authority) and the public lane O'Keefe Lane, shown hatched on the attached Plan SYE2854. Parcel D is to be developed as a public square and a 250 space underground parking garage, which will be constructed and operated by the Toronto Parking Authority (TPA).

The cost to cover the at-grade physical adjustments, and the statutory processing, is estimated to be $14,209.00, and consists of:

(a)Removing and abandoning Bell Canada cable, estimated to be $2,709.00;

(b)Removing and abandoning Rogers cable, estimated to be $2,000.00;

(c)Reconstructing the standard curbs and sidewalks at both ends of O'Keefe Lane, estimated to be $6,000.00; and

(d)Paying the out-of-pocket expenses and other administration fees associated with the lane closing, estimated to be $3,500.00.

I have been advised by Urban Planning and Development Services officials that funds to cover these adjustments will be absorbed in the public square development budget.

In addition, I have been advised by officials from the Parking Authority that discussions are ongoing with respect to the below grade adjustments, consisting of abandoning the sewer and the possible relocation of Toronto Hydro's conduit at the north end of O'Keefe Lane, which will be carried out in conjunction with the construction of the parking garage. The issues, including the cost responsibilities, will be resolved prior to the introduction of the Bills in Council for the closing of the subject portion of O'Keefe Lane. The City will provide Hydro with an easement for the conduit once the new location has been determined and verified by survey.

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

Contact Name and Telephone Number:

Laurie Robertson, Project Technician - Street and Lane Closings (392-7711)

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The Toronto Community Council reports for the information of Council, also having had before it a communication, (October 14, 1998) from B.S. Onyschuk, Smith Lyons, Barristers and Solicitors, on behalf of Marvin Hertzman Holdings Inc., and a copy thereof is on file in the office of the City Clerk.

Insert Table/Map No. 1

O'Keefe Lane