Item - 2011.MM14.27

Tracking Status

MM14.27 - Expropriation-Covenants held by 26 Country Lane Prohibiting Canadian Film Centre's Proposed Improvements to 2489 Bayview Avenue - by Councillor David Shiner, seconded by Councillor Karen Stintz

Decision Type:
ACTION
Status:
Adopted
Ward:
25 - Don Valley West

City Council Decision

City Council on November 29, 30 and December 1, 2011, adopted the following:

 

1.         City Council, as approving authority under the Expropriations Act, approve, upon the terms listed below, the application for approval to expropriate the rights, under registered restrictive covenants in favour of 26 Country Lane, to approve structures and parking areas in that portion of the City's Windfields Park described as PART 15 on Reference Plan R.S.-629, (which PART 15 includes the lands and buildings leased by the City to the Canadian Film Centre):

 

a.         the expropriation of the restrictive covenants (quoted below) shall be in effect only for the limited period commencing on the date of registration of the plan of expropriation to December 31, 2013;

 

b.         the limited expropriation of the covenants (quoted below) is being approved for park and municipal purposes, including economic development of the premises leased by the City to the Canadian Film Centre;

 

c.        such limited expropriation is being approved to remove from the property known as 26 Country Lane the benefit of the following two quoted restrictive covenants (where 26 Country Lane is referred to as the "dominant tenement"):

                       

"2.      No building or structure shall be erected upon the said lands (Part 15 on RS-629 of City's Windfields Park) unless the dimensions (including height) and location thereof as indicated by a siting plan shall have been first submitted to and approved in writing by the owners for the time being of the dominant tenement or the nominee for the time being of such owner, and no building or structure shall be constructed or placed upon the said lands otherwise than in conformity with such dimensions and siting plan."

 

"3.        No part of the said lands (Part 15 on RS-629 of City's Windfields Park) shall be used for parking purposes other than areas specifically designated for that purpose, and no parking area shall be laid out or constructed on the said lands or any part thereof unless the plans, dimensions and location thereof have been first submitted to and approved in writing by the owners for the time being of the dominant tenement (or the nominee for the time being of such owners, and no parking area shall be laid out or constructed upon the said lands otherwise than in conformity with such plans, dimensions and location."

 

2.         City Council grant authority to apply to Court for an order permitting the City to take early possession of the expropriated property rights set out herein, if necessary, in order to permit expedited construction to commence on the lands leased by the Canadian Film Centre.

 

3.         City Council grant leave to introduce the necessary Bill in Council for the City, as an expropriating authority under the Expropriations Act, to exercise its power to authorize the said expropriation, by enacting the Expropriation Bylaw.

 

4.         City Council authorize the public release of the confidential information contained in Attachment 1 to the report (November 22, 2011) from the Chief Corporate Officer once the City Solicitor is satisfied that there has been a final determination by arbitration, appeal or settlement, of the compensation payable by the City arising out of the said expropriation.

 

Confidential Attachment 1 to the report (November 22, 2011) from the Chief Corporate Officer remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information will be made public once the City Solicitor is satisfied that there has been a final determination by arbitration, appeal or settlement, of the compensation payable by the City arising out of the said expropriation.

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Background Information (City Council)

Member Motion MM14.27
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-42575.pdf
(November 22, 2011) Report from the Chief Corporate Officer regarding Expropriation - Covenants held by 26 Country Lane prohibiting Canadian Film Centre's proposed improvements to 2489 Bayview Avenue, Windfields Park
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-42576.pdf
Appendix "A" - Site Map - Canadian Film Centre's proposed improvements to 2489 Bayview Avenue submitted by the Chief Corporate Officer
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-42577.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice (Carried)

Speaker Nunziata advised that she had granted consent to Councillor Shiner to seek leave of Council to add this Motion to the agenda.

Vote (Introduce Motion without Notice) Nov-29-2011 2:26 PM

Result: Carried Two-Thirds full Council Required - MM14.27 - Shiner - Add motion to agenda
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, John Filion, Giorgio Mammoliti, Pam McConnell, James Pasternak, Karen Stintz, Michael Thompson, Kristyn Wong-Tam

Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-30-2011 2:58 PM

Result: Carried Majority Required - MM14.27 - Adopt the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jaye Robinson
Total members that were Absent: 3 Members that were absent are Shelley Carroll, Pam McConnell, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council