July 7, 1998

  To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:2-4 Sheppard Avenue East, Sheppard Centre

Sheppard Subway - Acquisition of Property Interests

Royal Trust Corporation of Canada

(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 Royal Trust Corporation of Canada 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, including the lands required from this property.

 Comments and/or Discussion and/or Justification:

 As part of the Sheppard Subway construction the TTC requires various property interests for the construction and operation of a passenger elevator from the Yonge Street frontage of the Sheppard Centre to the existing Sheppard Subway station.

 Various property interests are also required on the south side of the Sheppard Centre fronting onto Sheppard Avenue East for the construction and operation of the Sheppard Subway. An agreement has been negotiated with the owners of the property 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. The terms and conditions of the agreement are as follows:

Owners:Royal Trust Corporation of Canada, Trustee for the Standard Life Assurance Company and the Standard Life Assurance Company

 Property Address:2-4 Sheppard Avenue East, Toronto

 Compensation:$115,455.00

 Description of Property

Interest Acquired:Passenger Elevator:

-Strata fee interest in surface and sub-surface lands described as Part 1 on Draft Plan 94-21-413-26B.

-A permanent elevator maintenance easement described as Part 2 on Draft Plan 94-21-413-26B for the maintenance of a passenger elevator.

-A temporary elevator easement for surface and sub-surface lands described as Parts 3, 4, 5 and 7 on Draft Plan 94-21-413-26B required to construct the passenger elevator in-shaft, re-routing of services, and the passenger corridor connection the subway tunnel with the passenger elevator shaft for a term of 8 months.

-A stratified fee interest in sub-surface lands described as Part 6 on Draft Plan 94-21-413-26B required to connect the passenger elevator to the existing subway station.

 Sheppard Frontage:

-A restoration easement over lands described as Parts 1 and 3 on Draft Plan 94-21-413-26 for the construction of the Sheppard Subway and to permit the temporary reconstruction of existing stairs, planters, and shafts resulting from the relocation of utilities for a maximum term of 43 months.

-A tieback easement through lands described as Parts 3 and 4 on Draft Plan 94-21-413-26 for a maximum term of 43 months required for the installation of tiebacks.

-A fee simple interest in lands described as Part 2 on Plan 94-21-413-26 for a fire fighters access.

 Reimbursement of Costs:The City agrees to pay the owner reasonable legal and appraisal fees in the course of its negotiations with the City.

 Restoration:The City agrees, at its expense, to restore all disturbed areas according to a reinstatement plan designed by Page & Steele which includes the reconstruction of the Sheppard Centre stairs and planters. Royal Trust Corporation of Canada will contribute one-third of the design costs of the restoration design to a maximum of $15,000.00 and the City will pay to Royal Trust Corporation of Canada an administration fee of 15% of the overall cost of the restoration construction for management, consulting, fees, permits, and other costs.

 The City agrees to grant the owners for nominal consideration an encroachment agreement respecting a portion of the Sheppard Centre situated in Part 5 on Plan 94-21-413-26 that encroaches onto the Sheppard Avenue East right-of-way.

 Conclusions:

 Execution 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:

 Robert K. Johnston (905)501-9099; Facsimile (905)501-0455 E-mail address: jdassoc@interlog.com

(cs98130.wpd)

Margaret Rodrigues

Commissioner of Corporate Services