Expropriation of Two Properties for

the Port Union Village Common

(Ward 16 - Scarborough Highland Creek)

The Corporate Services Committee recommends the adoption of the following report (April12,1999) from the Commissioner of Corporate Services:

Purpose:

To authorize the expropriation of two properties required for the development of the Port Union Village Common.

Funding:

Funding for the Village Common property acquisition is available in account 7945-10-capital exp-1999-60083-P2 (Economic Development, Parks, Culture and Tourism).

Recommendation:

It is recommended that:

(1)authority be granted to initiate the expropriation process for the property interest detailed herein;

(2)authority be granted to serve and publish Notices of Applications for Approval to Expropriate said property interests, 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; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect hereto.

Background:

On March 7, 1995, the Ontario Municipal Board approved the Port Union Village Secondary Plan for lands located south of Lawrence Avenue on both sides of Port Union Road in the former City of Scarborough. A Village Common straddling Port Union Road and extending south of Lawrence Avenue to the CNR tracks was identified in the Plan as a significant public land component. Also identified in the Secondary Plan is an Open Space connection between the Village Common and the Rouge Hill GO Station, adjacent to the CNR rail line.

Property acquisition for the Village Common included the "Laskey Hotel" property, on the east side of Port Union Road, just north of the C.N.R. tracks. It was acquired in October of 1997, and in December of 1998, a 1.11 ha (2.75 acre) strip extending from the Port Union GO Station to Port Union Road, was purchased from the Canada Lands Company.

Part of the former Johns Manville property on the west side of Port Union Road is also required for the Village Common. Negotiations are currently ongoing for the acquisition of these lands.

Comments:

In addition to the Johns Manville property on the west side of Port Union road, two small parcels on the east side of the road are critical to complete the property acquisition for the Village Common.

These are owned by Vincenzo Polera et al., and Manville Canada Inc. Combined, the two properties form a triangular-shaped parcel of land with 67.47 metres (221 feet) of frontage on the east side of Port Union Road, and a total area of 1895.9 square metres (.937 acres). There are no fences separating the properties and both are occupied by the Poleras, and used in conjunction with their construction business.

The original subdivision of this part of the City took place in the 1850's, and there have been numerous boundary disputes in this vicinity in the past. The subject Manville Canada property was purchased in 1947 and is described by deed as having the irregular shape shown as Parts 1, 3 and 4 on the attached sketch. The Polera property was purchased in 1977 and is described by deed as having the irregular shape shown as Part 2 on the attached sketch. The Poleras claim to have constructed the three industrial buildings, which straddle the boundary between the Manville and Polera property. The buildings appear to have been constructed at various times over the past thirty years and continue to be used by the Poleras.

Old survey records dating back fifty years or more indicate that a fence once separated Parts 1 and4 from Parts 2 and 3. However it would appear that the Poleras have occupied both properties for quite some time, perhaps sufficiently to gain title through adverse possession.

In addition to the boundary problems, Johns Manville has been insistent during negotiations that the City also acquire a 24.16 acre asbestos landfill site owned and maintained by it and located approximately two kilometres to the west. Works and Emergency Services staff have advised that the landfill site is considered by the MOEE to be an "open landfill" and must be routinely inspected to ensure that erosion has not exposed any of the buried asbestos. Long term maintenance and liability associated with ownership of such a facility precludes any recommendation that the facility be acquired. As such negotiations with Johns Manville have stalled.

Negotiations with the Poleras initially focussed on relocating their construction facility, however, a suitable City-owned property was not found. This, coupled with the insistence that the City acquire the landfill site and the disputed property boundary, has led to the conclusion that it is impossible to effectively negotiate the acquisition of either, and expropriation is therefore recommended.

Conclusion:

The Village Common concept was the product of a lengthy planning process for this community. Acquisition of the required lands would be another step in the creation of same. While it might ultimately be possible to convince Johns Manville that the City will not acquire the landfill, it is not possible to proceed with negotiations until the parties resolve who owns the various parcels where the existing buildings are located. As the parties involved appear to be entirely unmotivated to resolve the matter themselves, expropriation is a solution in which the City can acquire the necessary title.

Contact Name:

Roly Mayr, 396-4930, Fax No. 396-4241, mayr@city.scarborough.on.ca.