Expropriation of a Portion of 5791-5793 Yonge Street for Public Street Purposes - Stage 2

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The decision

2022-04-06 · Toronto City Council · adopted

As filed

City Council on April 6 and 7, 2022 adopted the following: 1. City Council, as Approving Authority under the Expropriation Act, approve the expropriation of the required fee simple interest in part of the property municipally known as 5791-5793 Yonge Street as set out in the Reference Plan attached as Appendix B to the report (March 8, 2022) from the Executive Director, Corporate Real Estate Management, (the "Required Property Interest") for the purposes of constructing a public street connecting Cummer Avenue to Yonge Street.

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2. City Council, as Expropriating Authority under the Expropriation Act, authorize the Executive Director, Corporate Real Estate Management, or their designate, 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 if the settlement agreement is not executed, service of the Notices of Expropriation, Notices of Election and Notices of Possession. 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, if the settlement agreement is not executed.

On the agenda

As the city filed it

On November 9th, 2021, City Council authorized the initiation of expropriation proceedings for two property interests: one temporary easement in part of the property known municipally as 5795 Yonge Street, and; one fee simple interest in part of the property municipally known as 5791-5793 Yonge Street (the "Property Interests") for the purposes of Transportation Services' construction of a future public street connecting Cummer Avenue to Yonge Street (the "Project").

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Since then, a negotiated agreement has been reached regarding the temporary easement in part of the property known municipally as 5795 Yonge Street belonging to Toronto Standard Condominium Corporation 805. This report relates to the second stage of the expropriation process with respect to a fee simple interest in part of the property known municipally as 5791-5793 Yonge Street (the "Required Property Interest"). 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. No requests were received and City Council may now approve the expropriation by this Stage 2 report. An expropriation settlement release agreement has been achieved, which expedites the expropriation, and once authorized by Council, an expropriation plan will be registered and the City will pay settlements to the owners and take possession of the property. This Stage 2 expropriation report includes details on the costs, based on the settlement achieved, and requests City Council to approve the subject expropriation as approving authority under the Expropriations Act and enact an expropriation by-law.

Staff recommended

The Executive Director, Corporate Real Estate Management recommends that: 1. City Council, as Approving Authority under the Expropriations Act, approve the expropriation of the required fee simple interest in part of the property municipally known as 5791-5793 Yonge Street as set out in the Reference Plan attached as Appendix B to the report (March 8, 2022) from the Executive Director, Corporate Real Estate Management, (the "Required Property Interest") for the purposes of constructing a public street connecting Cummer Avenue to Yonge Street.

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2. City Council authorize the City of Toronto, as Expropriating Authority under the Expropriations Act, 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 if the settlement agreement is not executed, service of the Notices of Expropriation, Notices of Election and Notices of Possession. 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, if the settlement agreement is not executed.

Considered

2022-03-22 · 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, approve the expropriation of the required fee simple interest in part of the property municipally known as 5791-5793 Yonge Street as set out in the Reference Plan attached as Appendix B to the report (March 8, 2022) from the Executive Director, Corporate Real Estate Management, (the "Required Property Interest") for the purposes of constructing a public street connecting Cummer Avenue to Yonge Street.
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2. City Council authorize the City of Toronto, as Expropriating Authority under the Expropriations Act, 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 if the settlement agreement is not executed, service of the Notices of Expropriation, Notices of Election and Notices of Possession. 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, if the settlement agreement is not executed.
2022-04-06 · Toronto City Council · adopted

On the record

The item as the City filed it

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