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January 12, 1999

To:Strategic Policies and Priorities Committee

From:Commissioner of Corporate Services

Subject:Yonge/Dundas Redevelopment Project-Settlement of Expropriation Claims

259 Victoria Street, Toronto

Owner: Salvation Army, Governing Council of Canada

(Ward 24-Downtown)

Purpose:

To authorize the settlement of all claims for compensation with the owner of 259 Victoria Street resulting from the expropriation of this property as part of the Yonge/Dundas Redevelopment Project.

Funding Sources, Financial Implications and Impact Statement:

Financing has previously been approved by Council and the $2,000,000.00 settlement payment is available in Capital Account No. 216692.

Recommendations:

It is recommended that:

  1. a final settlement be approved with the Salvation Army, Governing Council of Canada, for total compensation in the amount of $2,000,000.00 for its interest in the property located at 259 Victoria Street, in return for a full and final release; and

2.the appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.

Council Reference/Background/History:

259 Victoria Street is located on the east side of Victoria Street, south of Dundas Street East. The property comprises 6,402 square feet and is improved with a two-storey, above grade, commercial building containing a gross floor area of 8,148 square feet. The owner of the property is the Salvation Army, Governing Council of Canada, which uses the building as a mission, hostel, chapel, and administrative offices.

Subsequent to the favourable decision of the Ontario Municipal Board sitting as a joint board under the Consolidated Hearings Act, an Expropriation Plan was registered on July 28, 1998 to expropriate 259 Victoria Street. An agreement was reached with the Salvation Army whereby Notices of Expropriation and Notices of Possession and an Offer of Compensation were not required to be served by the City.

At its meeting held on July 8, 9, and 10, 1998, Council approved, as amended, Clause 26 of Report No. 10 of the Strategic Policies and Priorities Committee, and thereby authorized the expropriation of the properties required for the Yonge/Dundas Redevelopment Project and directing that final financial settlements with land owners be approved by the Strategic Policies and Priorities Committee and Council.

Comments and/or Discussion and/or Justification:

Agreement has now been reached with the Salvation Army for an all inclusive amount of $2,000,000.00 of which $1,296,000.00 is allocated to the market value of the land and $704,000.00 is allocated in respect of other entitlements including legal costs, appraisal costs, architectural fees, special difficulties in relocation, disturbance damages and interest.

The amount of $1,296,000.00 is, in the opinion of the City's real estate appraiser, consistent with the market value of the property.

The Salvation Army's preferred alternative would have been to relocate the mission and hostel within the community served by the existing facility. After searching and investigating numerous properties within the vicinity, it was determined by the Salvation Army that a replacement property could not be acquired at this time which would provide all of the functional requirements of the existing facility. The sum of $704,000.00 for costs other than land, including special difficulties in relocation, has been reviewed by the City's experts and is considered fair and reasonable.

Although the settlement exceeds the budget estimate, City staff negotiations with the successful proponent to acquire this block have resulted in offers greater than the proponent's original offer and will exceed the $2,000,000.00 settlement amount. This increase in value is as a result of the positive effect that the Yonge/Dundas Redevelopment Project has had on property values in the vicinity.

Conclusion:

The settlement with the Salvation Army, owner of 259 Victoria Street, is considered to be fair and reasonable and should be approved.

Contact Name and Telephone Number:

Doug Wong, Telephone: 392-1858, Fax: 392-1880, dwong@toronto.ca (spp99010.wpd)

Margaret Rodrigues

Commissioner of Corporate Services

 

   
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