April 15, 1998

 To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:EXPROPRIATION OF PROPERTY INTERESTS - SHEPPARD SUBWAY

HELEN PHILLIPS, 4822 YONGE STREET, NORTH YORK

Purpose:

 To authorize the acquisition of property interests for the construction and operation of Sheppard Subway.

Funding Sources, Financial Implications and Impact Statement:

 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 an agreement with Helen Phillips pursuant to Section 30 of the Expropriations Act 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:

 Previous Metropolitan Council by its adoption of Clause No. 2 of Report No. 21 of the Financial Priorities Committee on September 25 and 26, 1996 (as amended) approved the completion of the Sheppard Subway project. Metropolitan Council, by its adoption of Clause No. 19 of Report No.2 5 of the Corporate Administration Committee, at its meeting on December 10 and 18, 1997, authorized the initiation of expropriation procedures for a tie-back easement required from the owner of the property at 4822 Yonge Street. Notices of Application for Approval to Expropriate Land were served upon the registered owners and a Hearing of Necessity was requested by Helen Phillips, the owner of the property. The hearing was scheduled for March 17, 1998.

Comments and/or Discussion and/or Justification:

 As part of the preparation for the Hearing of Necessity, an agreement was reached with the solicitor for the owner whereby Helen Phillips would enter into an Agreement pursuant to Section 30 of the Expropriations Act whereby she accepts the sum of $3,400.00 as compensation for the easement plus her reasonable legal fees. It is also a condition of the Agreement that the adjacent public laneway be repaired upon completion of the Yonge Station construction and that parking spaces immediately adjacent to the laneway be resurfaced in 1998.

 The TTC has agreed to repair the laneway as it is required for construction vehicles and it is part of the Yonge Station contract that the laneway be resurfaced upon completion of construction.

 The parking spaces will be resurfaced upon completion of the Harlandale Vent Shaft construction which is scheduled to be completed this year and the owner has agreed to accept the resurfacing as an undertaking in accordance with Section 11 of the Expropriation Act which allows the City to undertake mitigation measures to reduce injurious affection.

 The terms and conditions of the Agreement have been reviewed by the TTC and are considered fair and reasonable.

 Conclusions:

 The terms and conditions of the Section 30 Agreement, as detailed herein, are fair and reasonable.

 Contact Name:

 Mr. Douglas F. Warning

Acting Director of Real Estate (392-8165)

COMMISSIONER OF CORPORATE SERVICES

RKJ/vp