Application for Approval to Expropriate Interests

in Land, Sheppard Subway Project, Temporary Partial

Interests from two Properties: 202 Sheppard Avenue West,

204 Sheppard Avenue West (Ward 10 - North York Centre)

The Corporate Services Committee recommends the adoption of the following report (November9, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the initiation of the expropriation of temporary property interests required for the construction of the Sheppard Subway Project.

Financial Implications:

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)authority be granted to initiate the expropriation process for the property interests detailed herein;

(2)authority be granted to serve and publish Notices of Applications for Approval to Expropriate said property interests, to forward to the Chief Inquiry Officer any requests for hearings that are received and to report the Inquiry Officer's recommendations to Council for its consideration; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

By approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March 8 and 9, 1994, and subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway from Yonge Street to Don Mills Road. By 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.

Comments:

As part of the Yonge Station Contract for the Sheppard Subway Project, two partial property interests are required, on a 30 month temporary basis commencing May 1999, from the owners of 202 Sheppard Avenue West and 204 Sheppard Avenue West. The two properties are located on the north side of Sheppard Avenue West, west of Welbeck Road. The 202 Sheppard Avenue West interest is shown as having a surface area of approximately 33.4 square metres and the 204 Sheppard Avenue West interest is shown as a having a surface area of approximately 15.4 square metres. The appended sketch of the property requirements is derived from a draft survey referenced as 94-21-413-50-A, which is on file with the City Clerk.

Both property interests, may be subject to minor changes pending the finalization of design. Both are required in connection with the construction and utilization of a drop shaft and will be used temporarily for a pedestrian sidewalk, a surface work site, and a subsurface dewatering tube system required for the drop shaft.

The two property interests are located directly north of a future drop shaft, whose location is immoveable. This drop shaft must abut and be to the west of the now-completed terminus of the Tail Track portion of the Subway Project. With the excavation of the 14.8 metre by 6.6 metre drop shaft, a direct link will be made with the westerly limit of the Tail Track, which in turn will be connected to the entire subway tunnel system. Once the drop shaft is constructed, it will be utilized to store track segments which will be welded into larger segments within the Tail Track and then ultimately become the seamless subway track for the entire project.

The owners have been contacted and negotiations have commenced in the hope of securing the properties by agreement for May 1999. However, in order to ensure the availability of these temporary property interests at the required time, it is necessary to commence the expropriation process at this time.

Conclusion:

The commencement of expropriation procedures for the acquisition of temporary partial interests of the properties at 202 Sheppard Avenue West and 204 Sheppard Avenue West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.

Contact Name:

Mr. Victor Austin, Manager of Real Estate (416) 392-8164 Fax No.:(416) 392-4828 E-Mail Address: vaustin@city.toronto.on.ca.

(A copy of the sketch which was attached to the foregoing report was forwarded to all Members of Council with the November9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)