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Expropriation of Property Interests
Sheppard Subway
Yonge, Bayview and Bessarion Stations
The Corporate Services Committee recommends the adoption of the following report (February 2, 1998) from the Commissioner of Corporate Services:
Purpose:
To seek approval for the expropriation of property interests required for the construction and operation of the Sheppard Subway at Yonge, Bayview and Bessarion Stations.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account No. TC-392.
Recommendations:
It is recommended that:
(1) 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 (the AAct@) including, but not limit to, the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to the date for compensation, and Notices of Possession;
(3) the Commissioner of Corporate Services, Chief Administrative Officer or other appropriate staff, be authorized to sign the Notices of Expropriation and Notices of Possession, and that authority be granted to make formal offer of compensation pursuant to Section 25 of the Act in the amount of the appraised value, 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 City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The previous Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of The Financial Priorities Committee on September 25th and 26th, 1996 (as amended) approved the completion of the Sheppard Subway Project. Metropolitan Council also authorized the initiation of expropriation procedures for property interests required for the construction and operation of the Sheppard Subway at Yonge, Bayview and Bessarion Stations.
Notices of Application for Approval to Expropriate Land were served upon the registered owners of the properties identified in the Schedule, set out herein, in accordance with the Expropriations Act. Any interested party requiring a Hearing of Necessity had thirty (30) days from the date of service of the Notice to request a Hearing. None of the owners served requested such a Hearing.
Comments and/or Discussion and/or Justification:
Council, in order to finalize the expropriation of the property interests, must approve the expropriation and must register within three (3) months after the granting of approval, an Expropriation Plan and serve the registered owners within thirty (30) days after the date of registration of the plan with a Notice of Expropriation. Possession of the lands cannot be obtained until ninety (90) days after the Notice of Expropriation, and only if an offer of compensation is served upon the owner.
All owners have been contacted and settlements are being negotiated. However, because of the timing, the expropriations should be approved in order to ensure that there is no delay in obtaining possession of the properties. In some circumstances the owners are willing to negotiate an Agreement of Purchase and Sale; however, to protect the interests of their commercial tenants, they require that the expropriation be approved.
Conclusions:
The expropriation of the lands described on the schedule is considered fair, sound, and reasonably necessary and should be approved.
Contact Name:
Douglas F. Warning,
Acting Director, Real Estate Division (392-8165).
CCCC
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