March 16, 1998
To: City Council
Standing Committee/Community Council/City Council
From: Sylvia N. Watson
Toronto Community Council SolicitorHead of Department
Subject: Expropriation of a limited interest in and over lands for drainage easement purposes - Wychwood Park (Ward 23)
Purpose:
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To request that City Council, as the Approving Authority under the Expropriations Act, decide whether to approve the application to expropriate the limited interest described above for drainage easement purposes.
Funding Sources, Financial Implications and Impact Statement:
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Funding for the payment of fair market value and any damages claimed in connection with the expropriation of the drainage easement at this location is to be provided from Capital Account No. 296001-39270-7Feat-296701-A101.
Recommendations:
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It is recommended that:
(1) City Council approve the expropriation and direct that:
(a) The Chief Financial Officer and Treasurer or designate and the City Clerk or designate be authorized and directed to execute a Certificate of Approval in the form prescribed in the Expropriations Act;
(b) Leave be granted for the introduction of the necessary Bills in Council to give effect thereto;
(c) Offers of compensation, in compliance with the requirements of the Expropriations Act, to the registered owners, and/or whomever may be entitled to be served, be approved up to the amount of the appraisal reports obtained by the Commissioner of Corporate Services, and that the appropriate City Officials be authorized to offer immediate payment of 100% of the offers of compensation and to settle the compensation claims within the limits of their authority and further be authorized to complete these transactions; prepare the necessary documents releasing the City from any claims arising from the expropriation of the limited interest; pay any interest charges or expenses incurred by the City; and pay any reasonable legal and appraisal fees associated therewith;
(d) The lands be placed under the jurisdiction of the Commissioner of Corporate Services until required for drainage easement purposes; and
(e) The appropriate City Officials be authorized to take such action as may be necessary to complete these transactions and/or take possession of the limited interest involved, including the preparation and registration of the Expropriation Plan and service of the required documents such as Notice of Expropriation, Notice of Possession, Notice of Election, Without Prejudice Offers, Appraisal Reports, etc.
Council Reference/Background/History:
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As appears from Clause 16, City Services Committee Report No. 10, adopted with amendment at its meeting held on August 21, 1997, as amended by Clause 55 of Executive Committee Report No. 25 adopted by Council on December 8, 1997, City Council authorized, among other things:
1. An application to Council for approval of the expropriation of a limited interest in and over the lands described as follows, for the purpose of a drainage easement;
Schedule "A"
In the City of Toronto, in the Municipality of Metropolitan Toronto and Province of Ontario, being composed of part of Lot 6 on the north side of Davenport Road according to Plan No. 854 registered in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64), designated as Part 13 on a plan of survey deposited in the said Land Registry Office as 63R-4740.
2. The service and publication of the Notice of such application required by The Expropriations Act;
3. The appropriate Officials to forward to the Chief Inquiry Officer, pursuant to the said Act, any requests for hearings that are received;
4. The Commissioner of Corporate Services to obtain any appraisal reports required to comply with The Expropriations Act;
5. The City Solicitor to make any necessary applications to a Judge of the Supreme Court of Ontario to appoint the Public Trustee to represent the interests of any owners served pursuant to subsection 1 of Section 5 of the City of Toronto Act, 1981;
6. The appropriate City Officials to report further to Council as the occasion may require;
7. The appropriate City Officials to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that might be necessary.
Comments and/or Discussion and/or Justification:
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The service and publication of the Notice of Application for Approval to Expropriate Land has been duly effected. No requests for a hearing have been received, and the time limitation of the receipt of such requests as set out in the Expropriations Act has expired. A sketch showing the interest in land proposed to be expropriated is attached as Schedule "A".
Conclusions:
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It is recommended therefore that City Council, as the Approving Authority under the Expropriations Act, approve the application as requested.
Contact Name:
Edward A. Earle
Legal Services
Tel: 392-7226
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Sylvia N. Watson
Toronto Community Council Solicitor
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Enclosures
