2131 Yonge Street and 32 Hillsdale Avenue East - Request for Direction to Correct Parkland Conveyancing Error

Under the Section 37 Agreement, the Applicant agreed to provide facilities to the City in exchange for increases to the height and density permitted under the applicable zoning by-law. The facilities included providing the City with 1,100 square metres of parkland, to the satisfaction of the General Manager, Parks Forestry and Recreation of the City of Toronto. The parkland area was generally defined as Parts 4 to 11 on the draft reference plan attached to the Section 37 Agreement (the "Draft Reference Plan"). The Draft Reference Plan became Registered Reference Plan 66R-29414. On May, 14, 2020, the Applicant conveyed the City Parts 4 - 13, and 15 on Registered Reference Plan 66R-29414. In late 2020, the Applicant's solicitor became aware that Parts 13, and 15 were inadvertently conveyed to the City and were not required to meet the obligations under the Section 37 Agreement. Following review by staff, it was determined that Part 15 contains gas meters, and Part 13 contains an encroaching garage. Staff from Parks Forestry and Recreation and Legal Services have reviewed the original transfer and concur that Parts 13 and 15 should not form part of the parkland, and should be re-conveyed back to the Applicant. Staff from Parks, Forestry and Recreation do not want Parts 13 and 15 to be included in the parkland.