Expropriation of a Portion of 5795 Yonge Street for Public Street Purposes

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The decision

2020-07-28 · Toronto City Council · adopted

As filed

City Council on July 28 and 29, 2020, adopted the following: 1. City Council approve the expropriation of the interests in lands described in Appendix A (the "Required Property Interests") to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management forming part of the condominium property known municipally as 5795 Yonge Street. 2. City Council authorize the Executive Director, Corporate Real Estate Management, or designate, to take all steps necessary to comply with the Expropriations Act as necessary, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession as it relates to the Required Property Interests.

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3. City Council authorize the Executive Director, Corporate Real Estate Management, or designate, to sign as necessary the Notices of Expropriation, Notices of Possession, Offers of Compensation, Settlement Agreements and any other ancillary documents on behalf of the City for the acquisition or expropriation of the Required Property Interests. 4. City Council authorize the Executive Director, Corporate Real Estate Management, if required, to obtain an appraisal report to value the Required Property Interests, updated to the date of expropriation, and to prepare and serve an Offer of Compensation on the registered owner of the Required Property Interests and other parties having an interest in the expropriation, at the appraised value, in accordance with the requirements of the Expropriations Act. 5. City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination and closing of the compensation payable for the Required Property Interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor. 6. City Council direct that in the event that the costs of the expropriation of the Required Property Interests exceeds the Fund Amount defined in Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management, the Executive Director, Corporate Real Estate Management, or designate, report back to the General Government and Licensing Committee prior to the City making payments for the same under any agreement(s) with respect to the expropriation of the Required Property Interests. Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management 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 or disposition of land by the City of Toronto. Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management will be made public once there has been a final determination and closing of the compensation payable for the Required Property Interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor.

On the agenda

As the city filed it

This report seeks approval from City Council, as the approving authority under the Expropriations Act, to expropriate certain lands forming part of the condominium property known municipally as 5795 Yonge Street for the purposes of a new road connecting Cummer Avenue to Yonge Street through a northerly adjacent development being developed (the "Project"). Once completed, the Project will provide public street access for the adjacent condominiums and new development being developed and will improve mobility for people traveling to, from, and within North York Centre on foot, bicycle, transit and car.

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This report relates to the second stage of the expropriation process by which City Staff will provide further details on the anticipated costs, based on internal appraisals and settlement discussions with impacted parties, and request City Council to approve the subject expropriation. Following the granting of authority by City Council on this Stage 2 report, the Expropriation Plan will be registered and Notices of Expropriation will be served unless settled with the impacted parties, in which case Notices of Expopriation will not be required. Similarly, statutory offers of compensation must be served prior to the City taking possession of the expropriated interests unless the City settles with the impacted parties, in which case the City will enter into Settlement Agreement with the impacted parties.

Staff recommended

The Executive Director, Corporate Real Estate Management, recommends that: 1. City Council approve the expropriation of the interests in lands described in Appendix A (the "Required Property Interests") forming part of the condominium property known municipally as 5795 Yonge Street. 2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to take all steps necessary to comply with the Expropriations Act as necessary, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession as it relates to the Required Property Interests.

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3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to sign as necessary the Notices of Expropriation, Notices of Possession, Offers of Compensation, Settlement Agreements and any other ancillary documents on behalf of the City for the acquisition or expropriation of the Required Property Interests. 4. City Council further authorize the Executive Director, Corporate Real Estate Management, if required, to obtain an appraisal report to value the Required Property Interests, updated to the date of expropriation, and to prepare and serve an Offer of Compensation on the registered owner of the Required Property Interests and other parties having an interest in the expropriation, at the appraised value, in accordance with the requirements of the Expropriations Act. 5. City Council authorize the public release of Confidential Attachment 1 once there has been a final determination and closing of the compensation payable for the Required Property Interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor.

Considered

2020-07-07 · General Government and Licensing Committee · amended
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council approve the expropriation of the interests in lands described in Appendix A (the "Required Property Interests") to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management forming part of the condominium property known municipally as 5795 Yonge Street. 2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to take all steps necessary to comply with the Expropriations Act as necessary, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession as it relates to the Required Property Interests.
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3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to sign as necessary the Notices of Expropriation, Notices of Possession, Offers of Compensation, Settlement Agreements and any other ancillary documents on behalf of the City for the acquisition or expropriation of the Required Property Interests. 4. City Council further authorize the Executive Director, Corporate Real Estate Management, if required, to obtain an appraisal report to value the Required Property Interests, updated to the date of expropriation, and to prepare and serve an Offer of Compensation on the registered owner of the Required Property Interests and other parties having an interest in the expropriation, at the appraised value, in accordance with the requirements of the Expropriations Act. 5. City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination and closing of the compensation payable for the Required Property Interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor. 6. City Council direct that in the event that the costs of the expropriation of the Required Property Interests exceeds the Fund Amount defined in Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management, the Executive Director, Corporate Real Estate Management, or their designate report back to the General Government and Licensing Committee prior to the City making payments for the same under any agreement(s) with respect to the expropriation of the Required Property Interests.
2020-07-28 · Toronto City Council · adopted

On the record

The item as the City filed it

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