Expropriation of Property Interests Near the Donlands Subway Station for the Easier Access Phase lll and Secondary Exit Projects

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The decision

2019-07-16 · Toronto City Council · adopted

As filed

City Council on July 16, 17 and 18, 2019, adopted the following: 1. City Council authorize the City of Toronto to enter into agreements, an offer to sell or an agreement under the Expropriations Act, with respect to the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, on terms and conditions acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor.

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2. City Council authorize the Deputy City Manager, Corporate Services, or the Director, Real Estate Services, jointly and severally, to execute the agreements in Part 1 above. 3. City Council, in the event that the City of Toronto is unable to reach an agreement with the owner for the acquisition of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, in Part 1 above: a. as approving authority under the Expropriations Act, approve the expropriation of the Property Interests; b. as expropriating authority under the Expropriations Act, authorize City staff 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 service of the Notice of Expropriation, the Notice of Election as to a Date for Compensation, and/or the Notice of Possession for the Property, as may be appropriate; c. authorize City staff to obtain an appraisal report to value the Property Interests, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriations Act, to the date of service of the Notices of Expropriation, and to prepare and serve Offers of Compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act; and d. authorize the Director, Real Estate Services, and the Manager, Transaction Services, jointly and severally, to sign the Notices of Expropriation, the Notices of Possession, the Offer of Compensation, and any related documents on behalf of the City for the Property Interests. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (June 3, 2019) from the Acting Director, Real Estate Services once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, to the satisfaction of the City Solicitor. Confidential Attachment 1 to the report (June 3, 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 pertains to a proposed or pending acquisition of land by the City of Toronto. Confidential Attachment 1 to the report (June 3, 2019) from the Acting Director, Real Estate Services will be made public once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, to the satisfaction of the City Solicitor.

On the agenda

As the city filed it

As part of the Easier Access III and Second Exit Projects (the Projects), the Toronto Transit Commission (TTC) is proposing to make the Donlands Subway Station accessible by constructing two new elevators and is also improving customer safety and convenience by constructing a new second exit building. This report seeks approval from City Council, as the approving authority under the Expropriations Act, to expropriate the required fee simple and permanent and temporary easement Property Interests that will enable pedestrian access from two new elevators and a second exit to be constructed at the Donlands Subway Station (the Station).

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The required properties are shown on the maps attached as Appendix A and on the draft Reference Plans attached as Appendices C, D, and E.

Staff recommended

The Acting Director, Real Estate Services recommends that: 1. City Council authorize the City of Toronto to enter into agreements, an offer to sell or an agreement under the Expropriations Act, with respect to the Property Interests identified in Appendix B (the Property Interests), on terms and conditions acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Deputy City Manager, Corporate Services, or the Director, Real Estate Services, jointly and severally, to execute the agreements in Recommendation 1.

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3. City Council, in the event that the City of Toronto is unable to reach an agreement with the owner for the acquisition of the Property Interests in Recommendation 1: a. as approving authority under the Expropriations Act, approve the expropriation of the Property Interests; b. as expropriating authority under the Expropriations Act, authorize City staff 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 service of the Notice of Expropriation, the Notice of Election as to a Date for Compensation, and/or the Notice of Possession for the Property, as may be appropriate; c. authorize City staff to obtain an appraisal report to value the Property Interests, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriations Act, to the date of service of the Notices of Expropriation, and to prepare and serve Offers of Compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act; and d. authorize the Director, Real Estate Services, and the Manager, Transaction Services, jointly and severally, to sign the Notices of Expropriation, the Notices of Possession, the Offer of Compensation, and any related documents on behalf of the City for the Property Interests. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the satisfaction of the City Solicitor.

Considered

2019-06-24 · General Government and Licensing Committee · adopted
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to enter into agreements, an offer to sell or an agreement under the Expropriations Act, with respect to the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, on terms and conditions acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor.
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2. City Council authorize the Deputy City Manager, Corporate Services, or the Director, Real Estate Services, jointly and severally, to execute the agreements in Recommendation 1. 3. City Council, in the event that the City of Toronto is unable to reach an agreement with the owner for the acquisition of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, in Recommendation 1: a. as approving authority under the Expropriations Act, approve the expropriation of the Property Interests; b. as expropriating authority under the Expropriations Act, authorize City staff 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 service of the Notice of Expropriation, the Notice of Election as to a Date for Compensation, and/or the Notice of Possession for the Property, as may be appropriate; c. authorize City staff to obtain an appraisal report to value the Property Interests, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriations Act, to the date of service of the Notices of Expropriation, and to prepare and serve Offers of Compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act; and d. authorize the Director, Real Estate Services, and the Manager, Transaction Services, jointly and severally, to sign the Notices of Expropriation, the Notices of Possession, the Offer of Compensation, and any related documents on behalf of the City for the Property Interests. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, to the satisfaction of the City Solicitor.
Clerk’s note
The General Government and Licensing Committee considered Items GL6.14 and GL6.15 together.
2019-07-16 · Toronto City Council · adopted

On the record

The item as the City filed it

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