Expropriation of Property Interest, Sheppard Subway Project

Temporary Interest in a Portion of 204 Sheppard Avenue West,

(Ward 10 - North York Centre)

The Corporate Services Committee recommends the adoption of the following report (January26, 1999) from the Commissioner of Corporate Services:

Purpose:

To seek approval of the expropriation of certain property interests required for the Sheppard Subway Project.

Funding Sources, Financial Implications and Impact Statement:

Financing has previously been approved by Council and is available in Capital Account No. TC-392, Sheppard Subway Project.

Recommendations:

It is recommended that:

(1)City 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, 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 a Date for Compensation and Notices of Possession;

(3)the Executive Director of Facilities and Real Estate be authorized to sign the Notices of Expropriation and Notices of Possession on behalf of the City;

(4)leave be granted for 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 hereto.

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 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 authorized the debenture funding to commence the project. 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 adoption of Clause No. 13 embodied in Report No. 17 of the Corporate Services Committee, City Council at its meeting of November 25, 26 and 27, 1998 approved the Application for Approval to Expropriate a temporary partial interest from 204 Sheppard Avenue West. This expropriation is required in connection with the construction and utilization of a drop shaft and will be used temporarily for a pedestrian sidewalk, a surface work site, and in subsurface dewatering tube system required for the drop shaft.

Comments and/or Discussion and/or Justification:

Pursuant to the Expropriations Act, initiation of the expropriation process has commenced and the owners of 204 Sheppard Avenue West have not given notice requiring a Hearing of Necessity. The requirement, which is subject to minor changes pending finalization of design and scheduling, is for a 30 month temporary term, commencing May 1,1999 from the 204 Sheppard Avenue West lands. It is illustrated as the 15.4 square metre area designated as Part 2 on the appended sketch which is derived from a draft plan prepared by J.D. Barnes referenced as 94-21-413-50-A, which is on file with the City Clerk.

Negotiations are continuing in the hope of securing the required property interest for May 1,1999. However, in order to ensure the availability of this temporary property interest, it is necessary to continue the expropriation process at this time.

Conclusions:

The continuance of expropriation procedures for the acquisition of the temporary partial interest from 204 Sheppard Avenue West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.

Contact Name:

Dan O'Donohue, Valuator (416) 392-8161 Fax No.:(416) 392-4828 E-Mail Address: daniel_o'donohue@metrodesk.metrotor.on.ca.

(A copy of the sketches attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)