Expropriation of Condominium Units - 414 Dawes Road, Units 1 and 6

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The decision

2019-03-27 · Toronto City Council · adopted

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer Report outlined in Appendix A to the report (February 8, 2019) from the Acting Director, Real Estate Services. 2. City Council, as approving authority under the Expropriations Act, approve the expropriation of 414 Dawes Road, Units 1 and 6, as outlined in Appendix B to the report (February 8, 2019) from the Acting Director, Real Estate Services, for municipal purposes, including the construction and development of a new library and community facility.

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3. City Council authorize payment of the applicable costs arising from the Inquiry to the owners of 414 Dawes Road, Units 1 and 6, in accordance with the Expropriations Act. 4. City Council, as expropriating authority under the Expropriations Act, take all necessary steps to comply with the Expropriations Act, including, but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election, and Notices of Possession, as may be required. 5. City Council authorize the Director, Real Estate Services, to obtain an appraisal report to value 414 Dawes Road, Units 1 and 6, and to prepare and serve an Offer of Compensation on all registered owners of 414 Dawes Road, Units 1 and 6, at the appraised value, all in accordance with the requirements in the Expropriations Act. 6. City Council authorize the Director, Real Estate Services, to sign the Offer of Compensation for 414 Dawes Road, Units 1 and 6, on behalf of the City of Toronto. 7. City Council authorize the public release of Confidential Attachment 1 to the report (February 8, 2019) from the Acting Director, Real Estate Services, once there has been a final determination of all claims and compensation payable for 414 Dawes Road, Units 1 and 6, by arbitration, appeal, or settlement to the satisfaction of the City Solicitor. Confidential Attachment 1 to the report (February 8, 2019) from the Acting Director, Real Estate Services remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending acquisition or disposition of land by the City of Toronto, on behalf of the Toronto Public Library Board. Confidential Attachment 1 to the report (February 8, 2019) from the Acting Director, Real Estate Services will be made public once there has been a final determination of all claims and compensation payable for 414 Dawes Road, Units 1 and 6, by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

On the agenda

As the city filed it

This report provides City Council with a copy of the Inquiry Officer Report dated January 7, 2019 and received on January 9, 2019, attached as Appendix A (the Report), and seeks authority to expropriate two residential condominium units at 414 Dawes Road, Units 1 and 6 (the Properties) required for the construction and development of a new library and community facility on Dawes Road. The existing library branch at 416 Dawes Road is insufficient to serve the needs of the community.

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The condominium building containing the library branch is also at the end of its useful life. Through negotiated agreements, the City acquired six of the eight existing residential condominium units, with the goal of constructing an improved facility on the property. Expropriation of the remaining two units is necessary for the project. The Inquiry Officer concluded that the proposed expropriation is fair, sound, and reasonably necessary. To comply with the legislative requirements of the Expropriations Act, this report must be considered by Council at its meeting of March 27th and 28th, 2019. This report also seeks authorization for the City to serve Notices and make an Offer of Compensation in accordance with the Expropriations Act.

Staff recommended

The Acting Director, Real Estate Services recommends that: 1. City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer Report attached as Appendix A. 2. City Council, as approving authority under the Expropriations Act, approve the expropriation of 414 Dawes Road, Units 1 and 6, as set out in Appendix B, for municipal purposes, including the construction and development of a new library and community facility.

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Considered

2019-03-05 · General Government and Licensing Committee · adopted
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer Report outlined in Appendix A to the report (February 8, 2019) from the Acting Director, Real Estate Services. 2. City Council, as approving authority under the Expropriations Act, approve the expropriation of 414 Dawes Road, Units 1 and 6, as outlined in Appendix B to the report (February 8, 2019) from the Acting Director, Real Estate Services, for municipal purposes, including the construction and development of a new library and community facility.
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3. City Council authorize payment of the applicable costs arising from the Inquiry to the owners of 414 Dawes Road, Units 1 and 6, in accordance with the Expropriations Act. 4. City Council, as expropriating authority under the Expropriations Act, take all necessary steps to comply with the Expropriations Act, including, but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election, and Notices of Possession, as may be required. 5. City Council authorize the Acting Director, Real Estate Services, to obtain an appraisal report to value 414 Dawes Road, Units 1 and 6, and to prepare and serve an Offer of Compensation on all registered owners of 414 Dawes Road, Units 1 and 6, at the appraised value, all in accordance with the requirements in the Expropriations Act. 6. City Council authorize the Acting Director, Real Estate Services, to sign the Offer of Compensation for 414 Dawes Road, Units 1 and 6, on behalf of the City of Toronto. 7. City Council authorize the public release of Confidential Attachment 1 to the report (February 8, 2019) from the Acting Director, Real Estate Services, once there has been a final determination of all claims and compensation payable for 414 Dawes Road, Units 1 and 6, by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.
2019-03-27 · Toronto City Council · adopted

On the record

The item as the City filed it

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