To: Corporate Services Committee

From: Executive Commissioner of Corporate Services

Subject: EXPROPRIATION OF LAND

SHEPPARD SUBWAY

DR. SAMIR BARSOUM

573 SHEPPARD AVENUE EAST

Purpose:

To authorize the execution of Minutes of Settlement with respect to the expropriation of the property interests required for the Sheppard Subway project.

Funding Sources, Financial Implications and Impact Statement:

Financing has previously been approved by Council and is available in Capital Account No. TC-392.

Recommendations:

It is recommended that:

(1) authority be granted to enter into Minutes of Settlement with Dr. Samir Barsoum, Natalie Barsoum, and Christine Barsoum, in trust, on terms and conditions detailed herein; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

By the approval of Clause No. 1 of Report No. 16 of the Financial Priorities Committee (as amended) on October 8th and 9th, 1997, the previous Metropolitan Council approved the expropriation of the property located at 573 Sheppard Avenue East.

Comments and/or Discussion and/or Justification:

The Barsoum property located at 573 Sheppard Avenue East comprises a brick, single family residence located at the southeast corner of Tennyson Gardens and Sheppard Avenue East and is used as a dental office by Dr. Samir Barsoum. The site contains an area of 5,970 square feet with frontage on Tennyson Gardens of 42.7 feet and frontage on Sheppard Avenue East of 139.96 square feet.

Since the expropriation of the property, staff have diligently negotiated a settlement agreement with Dr. Barsoum. Pursuant to the provisions of the Expropriations Act, the owner is entitled to compensation for the market value of the property, disturbance damages including legal fees and moving expenses, and business loss.

Agreement has now been reached with the owners with respect to a full and final settlement of all claims arising from the expropriation in the amount of $650,000.00.

The proposed settlement has been reviewed by staff of the Corporate Services Department, Office of the City Solicitor, and the TTC. The settlement is considered reasonable by all parties involved.

Conclusions:

The proposed settlement agreement with respect to the expropriation of the property at 573 Sheppard Avenue East is considered fair and reasonable.

Contact Name:

Douglas F. Warning

Acting Director, Real Estate (392-8165)

EXECUTIVE COMMISSIONER OF CORPORATE SERVICES