August 20, 1999

To:Administrative Committee

From:Acting Commissioner of Corporate Services

Subject: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)

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% 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.

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 & Real Estate)(ac99131)

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

 Brenda Glover

Acting Commissioner of Corporate Services

APPLICATION FOR APPROVAL TO EXPROPRIATE PROPERTY INTERESTS - SHEPPARD SUBWAY