March 31, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Expropriation of Property Interest

Sheppard Subway Project

Temporary interest in a portion of 202 Sheppard Avenue West

(Ward 10 - North York Centre)

Purpose:

To seek approval of the expropriation of certain property interests required 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, Sheppard Subway Project.

Recommendations:

It is recommended that:

(1)City Council, as approving authority, approve the expropriation of the property interests detailed herein;

(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 an Expropriation Plan and the service of: Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession;

(3)the Executive Director of Facilities and Real Estate be authorized to sign the Notices of Expropriation and Notices of Possession on behalf of the City;

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

(5)the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

Council Reference/Background/History:

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 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. 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. By adoption of Clause No. 13 embodied in Report No. 17 of the Corporate Services Committee, City Council at its meeting of November 25,26 and 27, 1998 approved the Application for approval to Expropriate a temporary partial interest from 202 Sheppard Avenue West. This expropriation is 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.

Comments and/or Discussion and/or Justification:

Pursuant to the Expropriations Act, initiation of the expropriation process had commenced and the owner of 202 Sheppard Avenue West had given notice requiring a Hearing of Necessity. A Hearing was then scheduled. However, issues were resolved before the Hearing took place and the owner accordingly withdrew his notice.

The requirement, which is subject to minor changes pending finalization of design and scheduling, is for a 30 month temporary term, commencing May 1,1999 from the 202 Sheppard Avenue West lands. It is illustrated as the 33.4 square metre area designated as Part 1 on the appended sketch which is derived from a draft plan by J.D. Barnes referenced as 94-21-413-50-A, which is on file with the City Clerk.

Negotiations are continuing in the hope of securing the property for May 1,1999. However, in order to ensure the availability of this temporary property interest, it is necessary to continue the expropriation process at this time.

Conclusions:

The continuance of expropriation procedures for the acquisition of the temporary partial interest from 202 Sheppard Avenue West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.

Contact Name:

Daniel O'Donohue, Valuator/Negotiator (416) 392-8161 Fax No.:(416) 392-4828 E-Mail Address: daniel_o'donohue@metrodesk.metrotor.on.ca (cs99059.wpd)

Margaret Rodrigues

Commissioner of Corporate Services