Acquisition for Public Lane Purposes, of

the Private Lane Extending Easterly from

Berkeley Street, Behind Premises Nos. 319 to

333 Queen Street East (Ward 25 - Don River)

The Corporate Services Committee recommends the adoption of the following report (March15, 1999) from the General Manager, Transportation Services Division:

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.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the acquisition of the private lane at this location, in an amount to be recommended by the Commissioner of Corporate Services, are accommodated in Capital Account No. 296-601.

Recommendations:

It is recommended that Council:

(1)authorize an application for the expropriation of all rights, title and interests, for public lane purposes, of certain lands described as follows:

Schedule "A"

In the City of Toronto and Province of Ontario, being composed of parts of Lots 32 and 33 on Plan7-A designated as PARTS 1 and 2 on Plan 64R-16009, both said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64).

The easterly limit of Berkeley Street as confirmed under the Boundaries Act by PlanBA-1749(CT417089).;

(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 Officer, pursuant to the said Act, any requests for hearings that are received;

(4)authorize the 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.

Comments:

At the request of the area property owners, the possibility of establishing a public lane at the above noted location has been investigated by staff. The lane is shown as Parts 1, 2 and 3 on Plan64R-16009, a print of which has been deposited with the City Clerk.

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 nineteenth century, identified as Part 1 on Plan 64R-16009;

(b)acquire Part 2 on Plan 64R-16009, 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.

Part 3 on Plan 64R-16009, forms part of an adjoining building wall and is 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 to 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.

Contact Name and Telephone Number:

Andrew Koropeski, Director

Transportation Services District 1

392-7711.