Expropriation of Easements to Construct the Fairbank - Silverthorn Storm Trunk Sewer System - Stage 2

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The decision

2020-09-30 · Toronto City Council · adopted

As filed

City Council on September 30, October 1 and 2, 2020, adopted the following: 1. City Council, as the Approving Authority under the Expropriations Act, approve the expropriation of the Easements as set out in Appendix A to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management and as identified on the draft Expropriation Plans displayed in Appendix B to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management, to proceed with the proposed construction of the Fairbank-Silverthorn Storm Trunk Sewer System.

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2. City Council authorize the City of Toronto, as Expropriating Authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of Expropriation Plans and the service of Notices of Expropriation, Notices of Election and Notices of Possession. 3. City Council authorize the Executive Director, Corporate Real Estate Management, or designate to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act. 4. City Council authorize the public release of Confidential Attachment 1 to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination of all claims for compensation payable to the property owners to the satisfaction of the City Solicitor. Confidential Attachment 1 to the report (August 28, 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 sale of land for municipal or local board purposes. Confidential Attachment 1 to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management will be made public once there has been a final determination of all claims for compensation payable to the property owners to the satisfaction of the City Solicitor.

On the agenda

As the city filed it

This report seeks approval from City Council as Approving Authority under the Expropriations Act, to expropriate stratified permanent easements (the "Easements") involving portions of the properties municipally known as 441 Blackthorn Avenue, 415 Nairn Avenue, 417 Nairn Avenue, 419 Nairn Avenue, 18 Branstone Road, 20 Branstone Road, 119 Ennerdale Road, 49 Dynevor Road, 65 Dynevor Road and 2226 Dufferin Street. This report also seeks approval for the City, as Expropriating Authority under the Expropriations Act, to serve associated notices and make statutory Offers of Compensation in accordance with the Expropriations Act.

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The Easements are required to proceed with the proposed construction of the Fairbank-Silverthorn Storm Trunk Sewer System. The Project is part of the City of Toronto's Basement Flooding Protection Program to help reduce the risk of future basement flooding in the Fairbank and Silverthorn communities in Toronto. Construction is anticipated to commence in 2021. This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Expropriations Act, Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary. The City did not receive any requests for a hearing of necessity from any of the applicable parties. City Council may now approve the expropriation by this Stage 2 report. If authorized, the Expropriation Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties.

Staff recommended

The Executive Director, Corporate Real Estate Management, recommends that: 1. City Council, as the Approving Authority under the Expropriations Act, approve the expropriation of the Easements as set out in Appendix A and as identified on the draft Expropriation Plans displayed in Appendix B, to proceed with the proposed construction of the Fairbank-Silverthorn Storm Trunk Sewer System. 2. City Council authorize the City of Toronto, as Expropriating Authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of Expropriation Plans and the service of Notices of Expropriation, Notices of Election and Notices of Possession.

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3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act. 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 payable to the property owners to the satisfaction of the City Solicitor.

Considered

2020-09-14 · General Government and Licensing Committee · adopted
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council, as the Approving Authority under the Expropriations Act, approve the expropriation of the Easements as set out in Appendix A to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management and as identified on the draft Expropriation Plans displayed in Appendix B to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management, to proceed with the proposed construction of the Fairbank-Silverthorn Storm Trunk Sewer System.
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2. City Council authorize the City of Toronto, as Expropriating Authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of Expropriation Plans and the service of Notices of Expropriation, Notices of Election and Notices of Possession. 3. City Council authorize the Executive Director, Corporate Real Estate Management, or designate to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (August 28, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination of all claims for compensation payable to the property owners to the satisfaction of the City Solicitor.
2020-09-30 · Toronto City Council · adopted

On the record

The item as the City filed it

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