Expropriation of Property Interests, Sheppard Subway

Project, Yonge Station, Premium Projects Limited,

4726 Yonge Street and Part of 20-24 Poyntz Avenue

(Ward 10 - North York Centre)

The Corporate Services Committee recommends the adoption of the following report (September 3, 1998) from the Commissioner of Corporate Services:

Purpose:

To seek approval of the expropriation under the Expropriations Act of property interests required for the construction and operation of the Sheppard Subway in the vicinity of Yonge Station.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1)City Council, as approving authority, approve the expropriation of temporary property interests as detailed herein for a term of 44 months as recommended by the Inquiry Officer;

(2)authority be granted to take all steps necessary to comply with the Expropriations Act including, but not limited to, the preparation and registration of a Plan of Expropriation and services of Notices of Expropriation, Notices of Election as to the date for compensation, Notices of Possession, and Offers of Compensation;

(3)authority be granted to the Commissioner of Corporate Services to sign the Notices of Expropriation, Notices of Possession, and Offers of Compensation, on behalf of the City;

(4)leave be granted for the introduction of the necessary Bill in Council to give effect thereto; and

(5)the appropriate officials be authority and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

By approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March8 and 9, 1994, and subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway to Don Mills Road. By the approval of Clause No.2 of Report No. 14 of The Management Committee (as amended) on April 20, 1994, Metropolitan Council authorized the debenture funding to commence the project. Finally, 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, at its meeting on May 8, 1996, by the adoption of Clause No. 1 of Report No.9 of The Corporate Administration Committee, authorized the services of Notices of Application for Approval to Expropriate all interests in land required for the construction of the Sheppard Subway in the vicinity of Yonge Station including the property located at 4726 Yonge Street and part of 20-24 Poyntz Avenue owned by Premium Projects Limited ("Premium"). Discussions were held with Premium in an attempt to negotiate a voluntary acquisition of the required interests. However, the parties were unable to conclude a purchase agreement in a timely fashion making it necessary to proceed with the expropriation in order to ensure that the Toronto Transit Commission ("TTC") could have possession of the property for the commencement of construction.

Comments and/or Discussion and/or Justification:

In response to the service of the Notice of Application to Expropriate Land, Premium requested an Inquiry as allowed by the Expropriations Act. The Inquiry was held on August 26, 1998 before Mr.David Vine to determine whether the proposed expropriation by the City of Toronto was fair, sound, and reasonably necessary. Mr. Vine's report has now been received and it is attached as Appendix "A" to this report. Mr. Vine has concluded that the proposed expropriation is, in fact, fair, sound, and reasonably necessary as required by the Expropriations Act and has recommended that Council approve expropriation of temporary property interests described as Lots 754 and 755, Plan1743 and Part of Lots 762 to 769 and Part of Lot 770, Plan 1743 shown as Parts 1 and 2, on Reference Plan 64R-15418 in the City of Toronto. He has further recommended that efforts be made to coordinate the temporary widening of Poyntz Avenue required by the TTC for its Traffic Management Plan with the ultimate widening of Poyntz Avenue to complete the "ring road" from Beecroft Road east to Yonge Street.

As part of the construction of the Sheppard Subway-Yonge Station, and related facilities, two property interests are required from Premium Projects Limited, the owner of 4726 Yonge Street and 20-24 Poyntz Avenue. The property located at 4726 Yonge Street containing an area of 6,889 square feet will be required as a mobilization site for parking, storage and use of construction equipment for a term of 44 months. A portion of the property located at 20-24 Poyntz Avenue is required for traffic management to allow for the re-routing of traffic around the Yonge/Sheppard intersection during various stages of construction is also required for a term of 44 months.

The Principal of Premium Projects Limited, Mr. Milton Winberg, argued at the Hearing of Necessity that the City should acquire all of the property requirements for the ultimate construction of the ring road from Beecroft east to Yonge Street. The TTC, in designing the Traffic Management Plan for the Yonge Station, had considered, in consultation with the former Metropolitan Transportation Department and the City of North York, the permanent construction of the ring road. The matter was deemed premature in light of all the planning and funding approvals required and the property necessary for the ultimate ring road alignment exceeds the area required in this instance and in any case, only temporary easements are required for the Traffic Management Plan. As the contract for the Yonge Station was awarded July 15, 1998 and construction of the Yonge Station has begun, it is not possible to coordinate the construction of the ring road between Beecroft Road and Yonge Street.

The proposed temporary widening of Poyntz Avenue by the TTC conforms to the approved Traffic Management Plan for the Yonge Station construction and must be constructed as soon as possible to avoid any traffic congestion associated with the Yonge Station construction.

Conclusion:

The expropriation of the lands owned by Premium Projects Limited and described herein for a temporary widening of Poyntz Avenue and as a construction work site, has been recommended by the Inquiry Officer as fair, sound, and reasonably necessary for the reasons identified in his report, and the expropriation should be approved by Council.

Contact Name:

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