June 16, 1998

  To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:4736 - 4750 Yonge Street Sheppard Subway - Acquisition of Property Interests Colonia Life Holdings Limited and 971203 Ontario Limited (Ward 10 - North York Centre)

Purpose:

To authorize the execution of a Section 30 Agreement pursuant to the Expropriations Act securing the property requirements 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 an agreement with Colonia Life Holdings Limited and 971203 Ontario Limited 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:

The former Metropolitan Council, by its adoption of Clause No. 1 of Report No. 9 of the Corporate Administration Committee on May 8, 1996, authorized the initiation of the expropriation of lands required for the Yonge Station construction, Sheppard Subway project. Council, by its adoption of Clause No. 9 of Report No. 2 at its meeting held on March 4, 5, and 6, 1998, approved the expropriation of the subject lands owned by Colonia Life Holdings Limited and 971203 Ontario Limited.

Comments and/or Discussion and/or Justification:

As part of the Sheppard Subway construction, the TTC requires a widening of Yonge Street described as Parts 1 and 2 on draft Reference Plan No. 94-21-413-38 prepared by J. D. Barnes and dated September 29, 1997, and requires a worksite lease for a term of 36 months over lands described as Lots 756 to 761, inclusive, excluding the Yonge Street road widening.

The Expropriation Plan was scheduled to be registered on June 5, 1998. However, a Section 30 Agreement was negotiated with the owners prior to registration of the Plan. The terms and conditions of the agreement are as follows:

Site Areas:Road widening - 164.5 m5 (1,771 sq. ft)

Worksite lease - 1684.8 m5 (18,136 sq. ft)

Purchase Price of Road Widening:$200,000.00.

Rent for Worksite Lease:$176,000.00 net for the three year term.

Additional Compensation:The City agrees to pay the owner=s reasonable legal and appraisal fees in the course of its negotiations with the City and the sum of $20,000.00 with respect to a management agreement respecting the lands.

Reinstatement:The City agrees to reasonably restore all disturbed areas of the leasehold lands after completion of construction.

The agreement is made pursuant to Section 30 of the Expropriations Act which allows the owner to apply for determination of additional compensation as if the lands were expropriated.

Conclusions:

Acceptance of the Section 30 Agreement by the City of Toronto will ensure possession of the property interests required for the Sheppard Subway construction project in a timely manner. The compensation recommended herein is considered fair and reasonable.

Contact Name:

Mr. Robert K. Johnston, Project Manager (416) 392-8143 Fax No. (905) 501-0455 E-Mail Address: jdassoc@interlog.com

(Copy of Map attached to the foregoing report, is on file in the office of the City Clerk.)