Application for Approval to Expropriate Interests in Land,

Sheppard Subway/Sheppard Widening Project Multiple

Partial Interests Vicinity of Intersection of Bayview Avenue and

Sheppard Avenue East (Ward 9 - North York Centre South,

Ward 10 - North York Centre - Ward 12 - Seneca Heights)

The Administration Committee recommends the adoption of the following report (August 20, 1999) from the Acting Commissioner of Corporate Services:

Purpose:

To authorise the initiation of the expropriation of property interests required for road widening, intersection improvements and associated utility relocations, in the vicinity of the intersection of Bayview Avenue and Sheppard Avenue East, in conjunction with the completion of the Bayview Subway Station.

Funding Sources, Financial Implications and Impact Statement:

Financing has previously been approved by Council and is available in Sheppard Subway Capital Account TC-392. Inasmuch as the road widening is a Transportation Project, Account No. TC-392 will be reimbursed for 100 percent of the costs through Transportation Capital Account C-TR-023.

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 property interests herein detailed, 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;

(3)authority be granted to lay out as a public highway the lands designated in the schedule to this report for right-of-way widening, and thereafter to dedicate such lands for public highway purposes; and

(4)the appropriate City officials be authorised 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 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 authorised 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.

By approval of Clause No. 5 of Report No. 18 of The Financial Priorities Committee on November 5, 1995, Metropolitan Council approved modifications at the intersections of Sheppard Avenue and Yonge Street, Bayview Avenue and Leslie Street as the first phase of the widening of Sheppard Avenue between Beecroft Road and Leslie Street, which includes the works which are the subject of this report.

Comments and/or Discussion and/or Justification:

In order to eliminate a separate construction impact, construction associated with the widening of Sheppard Avenue East in the vicinity of Bayview Avenue is scheduled to coincide with completion of the Bayview Station Contract. The road widening, intersection improvements and associated utility relocations including hydro pole and wire relocations onto privately-owned property will take place at the same time as the above grade restoration work on the Bayview Station. This will reduce the duration of the construction impacts on residents and traffic.

The impacted properties and requirements have been identified and owners are being contacted and negotiation for the requirements will commence shortly.

The properties and requirements are shown on five draft reference plans (series 94-21-413-52 - A to E) prepared by J.D. Barnes Limited, copies of which are on file with the City Clerk. The dimensions and areas are based on available records and may be subject to minor adjustments upon completion of surveys.

While it is recommended that the City commence expropriation proceedings, it is recognised that it would be preferable to have expropriation of the Hydro requirements in the name of Toronto Hydro. The Ontario Energy Board Act 1998, has not yet been fully proclaimed in force, consequently Toronto Hydro Electric System Limited ("Hydro") does not presently have the authority to expropriate the Hydro requirements. As things presently stand we have to rely on expropriation by the City and subsequent transfer of the appropriate interests to Hydro in order to assure acquisition in time for the scheduled commencement date. In any event since the Hydro requirements arose from a City of Toronto/TTC project the acquisition costs flow to the City.

The property interests, all of which are required by January 1, 2001, are listed on the schedule appended hereto and include the following categories.

(a)Temporary Grading Easements: are required to change the grade of properties abutting the street to match the new grade of the street and sidewalk. The requirement is for a period of approximately two to three days, barring unforeseen difficulties, within a 10 month period between January 1, 2001 through to October 31, 2001. However expropriation of the temporary interests must be for the full 10-month term to allow for scheduling flexibility. During construction, alternate access/parking arrangements will be provided to property owners or occupants as required. Owners or occupants will be notified well in advance of the two to three day construction activities.

(b)Permanent Hydro Easements (wires): are required to relocate transmission lines and /or guy wires away from the widened roadway limits. These are interests that have been defined by Hydro as per applicable codes and/or standards.

(c)Permanent Hydro Easements (wires, poles and anchors): are required to locate hydro poles and their anchor(s) away from the widened roadway limits.

(d)Right of Way (ROW) widenings: are partial fee acquisitions that are required to widen the street and relocate public sidewalks.

Conclusions:

The commencement of expropriation procedures for the acquisition of the property interests herein described is necessary to ensure that possession of the interests are obtained in a timely manner in the event negotiated acquisitions are unsuccessful.

Contact Name:

Daniel O'Donohue, Valuator/Negotiator (Facilities and Real Estate)

(416) 392-8161 Fax No.: (416) 392-1880

--------

APPLICATION FOR APPROVAL TO EXPROPRIATE PROPERTY INTERESTS - SHEPPARD SUBWAY
	Prop. Address	Owner	Property Interests Required	Term of Temporary Interest (Months)	Description
SOUTHWEST QUADRANT OF INTERSECTION OF SHEPPARD AVENUE EAST AND BAYVIEW AVENUE
1	321 Sheppard Ave E	Thakkar, Rasesh B. Thakkar, Menaka B.	Temporary grading easement (36.00 sq. m. pts 1 and 14) Permanent hydro easement (wires) (37.12 sq. m. pt 14)	10	Part lot 22, Plan 3896, part PIN 10104-0019(R) shown as parts 1 and 14 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
2	323 Sheppard Ave E	How, Jocelyne	Temporary grading easement (71.43 sq. m. pts 2,15,16 and 32) Permanent hydro easement (wires) (27.99 sq. m. pts 15 and 16) Permanent hydro easement (wires, poles and anchors) (7.00 sq. m. pt 32)	10	Part lot 21, Plan 3896, part PIN 10104-0018(R) shown as parts 2,15,16 and 32 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
3	325 Sheppard Ave E	Halsey, Farideh	Temporary grading easement (73.83 sq. m. pts 3 and 17) Permanent hydro easement (wires) (30.48 sq. m. pt 17)	10	Part lot 20, Plan 3896, part PIN 10104-0017(R) shown as parts 3 and 17 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
4	333 Sheppard Ave E	333 Sheppard Ave. East Limited	Temporary grading easement (216.01 sq. m. pts 4, 18 and 40) Permanent hydro easement (wires) (117.91 sq. m. pts 18 and 40) Permanent hydro easement (wires, poles and anchors) (4.00 sq. m. pt 39)	10	Part lots 16,17,18 and 19, Plan 3896, part PINS 10104-0016(R),10104-0015(R),10104-0014(R), 10104-0013(R), shown as parts 4, 18, 39, 40 and 41 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
5	335 Sheppard Ave E	Tesic, Mary	Temporary grading easement (66.65 sq. m. pts 5,6,19 and 33) Permanent hydro easement (wires) (27.45 sq. m. pt 19) Permanent hydro easement (wires, poles and anchors) (5.44 sq. m. pt 33 )	10	Part lot 15, Plan 3896, part PIN 10104-0012(R) shown as parts 5,6,19 and 33 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
6	337 Sheppard Ave E	Schmid, Adole Schmid, Alice	Temporary grading easement (60.46 sq. m. pts 7,20,26 and 34) Permanent hydro easement (wires) (29.61 sq. m. pt 20) Permanent hydro easement (wires, poles and anchors) (1.57 sq. m. pt 34) ROW widening (0.91 sq. m. pt 26)	10	Part lot 14, Plan 3896, part PIN 10104-0011(R) shown as parts 7,20,26 and 34 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
7	339 Sheppard Ave E	Tarsitano, Ferdinando Tarsitano, Dora	Temporary grading easement (136.77 sq. m. pts 8 and 21) Permanent hydro easement (wires) (24.32 sq. m. pt 21) ROW widening (9.41 sq. m. pt 27)	10	Part lot 13, Plan 3896, part PIN 10104-0010(R) shown as parts 8, 21 and 27 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
8	341 Sheppard Ave E	Stebelko, Wiktoria	Temporary grading easement ( 163.42 sq. m. pts 9,22,23 and 35) Permanent hydro easement (wires) ( 25.07 sq. m. pts 22 and 23) Permanent hydro easement (wires, poles and anchors) ( 6.98 sq. m. pt 35) ROW widening ( 24.57 sq. m. pt 28)	10	Part lot 12 and 13, Plan 3896, part PIN 10104-0009(R) shown as parts 9,22,23,28 and 35 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
9	343 Sheppard Ave E	Pokhoy, Sherry Pokhoy, Neil	Temporary grading easement (160.02 sq. m. pts 10 and 24) Permanent hydro easement (wires) (29.01 sq. m. pt 24) ROW widening ( 30.45 sq. m. pt 29)	10	Part lot 11 and 12, Plan 3896, part PIN 10104-0008(R) shown as parts 10, 24 and 29 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
10	345 Sheppard Ave E	Stanco Properties Ltd.	Temporary grading easement (131.67 sq. m. pts 11,25 and 36) Permanent hydro easement (wires) ( 18.96 sq. m. pt 25) Permanent hydro easement (wires, poles and anchors) ( 10.56 sq. m. pt 36) ROW widening ( 25.89 sq. m. pt 30)	10	Part lots 10 and 11, Plan 3896, part PIN 10104-0007(R) shown as parts 11,25,30 and 36 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
11	461 Sheppard Ave E	Imperial Oil Limited	Temporary grading easement (706.44 sq. m. pts 12,37 and 38) Permanent hydro easement (wires, poles and anchors) (12.96 sq. m. pts 37 and 38) ROW widening ( 339.43 sq. m. pt 31)	10	Part lots 8,9 and 10 and part Block A, Plan 3896, part PIN 10104-0006(R) shown as 12,31,37 and 38 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
12	2818 Bayview Ave	IBC Ventures Inc.	Temporary grading easement (196.87 sq. m. pts 13)	10	Part lots 5,6,7 and 8, Plan 3896, part PIN 10104-0005(R) shown as 1,2,3 and 4 on draft reference plan 94-21-413-52-a (dated August 23, 1999)
NORTHWEST QUADRANT OF INTERSECTION OF SHEPPARD AVENUE EAST AND BAYVIEW AVENUE
13	432 Sheppard Ave E	Roman Catholic Episcopal Corp. For the Diocese of Toronto on Canada	Temporary grading easement (253.59 sq. m. pts 11,12, 13, 19 and 20) ROW widening ( 201.06 sq. m. pts 8,9 and 10) Permanent hydro easement (wires, poles and anchors) (8.00 sq. m. pts 19 and 20)	10	Part lot 16, Con 1 E.Y.S., Part lot 1, Plan 3572 part PIN 10066-0141 shown as 8,9,10,11,12,13 19 and 20 on draft reference plan 94-21-413-52-B (dated August 23, 1999)
14	436 and 438 Sheppard Ave. E	438 Sheppard Avenue East Ltd.	Temporary grading easement (287.18 sq. m. pts 14 and 15) ROW widening ( 156.95 sq. m. pts 6 and 7) Permanent hydro easement (wires, poles and anchors) (1.11 sq. m. pt 21)	10	Part lots 1 and 2, Plan 3572, part PINs 10066-0142 and 10066-0143 shown as 6,7,14 and 15 on draft reference plan 94-21-413-52-B (dated August 23, 1999)
15	442 and 446 Sheppard Ave E	Berkim Holdings Ltd.	Temporary grading easement ( 243.67 sq. m. pts 17 & 18) ROW widening ( 174.24 sq. m. pts 4,5 & 16)	10	Part lots 3 and 4, Plan 3572, part PINs 10066-0145 and 10066-0146 shown as parts 4,5,16,17 and 18 on draft reference plan 94-21-413-52-B (dated August 23, 1999)
16	500 Sheppard Ave E	Mallpaks Developments Ltd.	Permanent hydro easement (wires) (300.06 sq. m. pts 1,2 & 3)	N/A	Part lots 5,6 & 7, Plan 3572, part PIN 10066-0193 shown as 1,2 & 3 on draft reference plan 94-21-413-52-B (dated August 23, 1999)
17	2880 Bayview Avenue	Incumbent and Church Wardens of All Souls Church	Temporary grading easement (245.68 sq. m. pts 7,9 & 10) ROW widening (56.56 sq. m. pts 6, 8 &11)	10	Part lot 16, Con 2, part PIN 10066-0150 shown as 6,7,8,9,10 & 11 on draft reference plan 94-21-413-52-C (dated July 16, 1999)
NORTHEAST QUADRANT OF INTERSECTION OF SHEPPARD AVENUE EAST AND BAYVIEW AVENUE
18	2901 Bayview Avenue	Verdiroc Holdings Ltd.(50%) Daniels Financial Corporation (25%) John Henry Daniels (25%)	Temporary grading easement (798.33 sq. m. pts 1,2,3,4 &5)	10	Part lot 16, Con 2, part PIN 10061-0152 shown as 1,2,3,4 and 5 on draft reference plan 94-21-413-52-C (dated July 16, 1999)
19	640 Sheppard Avenue E	Westdale Construction Co. Ltd.	Temporary grading easement (187.85 sq. m. pt 3)	10	Part lot 16, Con 2 EYS, part PIN 10066-0194(R) shown as part 3 on draft reference plan 94-21-413-52-E (July 16,1999)

SOUTHEAST QUADRANT OF INTERSECTION OF SHEPPARD AVENUE EAST AND BAYVIEW AVENUE
20	593 Sheppard Avenue E	The Trustees of the Ellis Street Free Church	Temporary grading easement (208.66 sq. m. pt 1)	10	Part lot 3, Plan 3583, part PIN 10090-0151(R) shown as part 1 on draft reference plan 94-21-413-52-E (dated July 16,1999 )
21	26 Rean Avenue	Constance Fox	Temporary grading easement (90.73 sq. m. pt 2)	10	Part lot 4, Plan 3583, part PIN 10090-0152(R) shown as E (dated July 16,1999)
22	567 Sheppard Avenue E.	YMCA of Metropolitan Toronto	Temporary grading easement (662.44 sq. m. pts 5,6 and 7) Permanent hydro easement (wires, poles and anchors) (4.03 sq. m. pt 7) ROW widening ( 58.38 sq. m. pt 8)	10	Part lots 3,4 and 5 Plan 3439, part of PINs 10090-0352(R) shown as parts 5,6,7 & 8 on draft reference plan 94-21-413-52-D (dated August 19, 1999)
23	2831 Bayview Avenue	Shell Canada Ltd.	Permanent hydro easement (wires, poles and anchors) ( 18.54 sq. m. pts 3,4 and 9) ROW widening ( 207.68 sq. m. as pt 2)	N/A	Part lots 1 and 2, Plan 3439, part of PIN 10090-0002(R) shown as parts 2,3,4 and 9 on draft reference plan 94-21-413-52-D (dated August 19,1999)