Expropriation of Additional Property Requirements -

Sheppard Subway - Yonge Station

West Side Yonge Street Johnston Avenue to Poyntz Avenue

(Ward 10 - North York Centre)

 The Corporate Services Committee recommends the adoption of the following report (June 5, 1998) from the Commissioner of Corporate Services:

 Purpose:

 To seek approval for the expropriation of additional property requirements for construction of the Sheppard Subway Yonge Station on the above referenced properties as shown on the attached location map.

 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 "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 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 offers 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 Bills 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.

 Toronto City Council, by adoption of Clause No. 9 of Report No. 2 of The Corporate Services Committee on March 6, 1998, approved the expropriation of property interests on various properties including those located on the west side of Yonge Street from Johnston Avenue to Poyntz Avenue. An expropriation plan was registered on June 5, 1998, expropriating subsurface utility easements and work space on these properties. Additional requirements have been identified on those properties in the form of temporary easements to relocate hydro lines and poles safely away from the worksite and to maintain vehicular access during the construction.

 Notices of Application for Approval to Expropriate Land were served upon the registered owners of the properties which are 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. The owner of the property at 4698 Yonge Street has requested a hearing of necessity, and accordingly the expropriation of the interests on that property will be dependant on settling the hearing. If no settlement is reached, that property will be the subject of the further report.

 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 settlements; however, to protect the interests of their 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 of Real Estate Division, (416)392-8165 , Fax No.: (416) 392-4828, e-mail address: Douglas_F._Warning@cclink.metrodesk.metrotor.on.ca

 --------

(A copy of the location map attached to the foregoing report was forwarded to all Members of Council with the June 22, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)