Item - 2016.GM13.21

Tracking Status

  • City Council adopted this item on July 12, 2016 without amendments and without debate.
  • This item was considered by the Government Management Committee on June 13, 2016 and adopted without amendment. It will be considered by City Council on July 12, 2016.
  • See also By-law 736-2016

GM13.21 - Expropriation of Portion of the Rear Properties at 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station Easier Access and Masonry Repair Projects

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
13 - Parkdale-High Park

City Council Decision

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

 

1.  City Council, authorize the City to enter into agreements, an offer to sell or a Section 30 Agreement under the Expropriations Act, with the owner and/or interested party of each of the Properties and any such other related and required agreements to acquire each Property from such owner or party for consideration within the budget set out in Confidential Attachment 1 to the report (May 25, 2016) from the Chief Corporate Officer for all the Properties, on terms and conditions acceptable to the Chief Corporate Officer, together with such other terms as may be deemed appropriate by the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

2.  City Council authorize the Chief Corporate Officer and the Director, Real Estate Services, jointly and severally, to execute such agreements referred to in Part 1 above.

 

3.  In the event that the City is unable to reach an agreement with an owner or interested party of a Property for the acquisition of such Property by the City as provided for in Part 1 above, City Council:

 

a.  as approving authority under the Expropriations Act, approve the expropriation of such Properties;

 

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 Notices of Expropriation, Notices of Election as to a Date for Compensation and/or Notices of Possession for such Properties, as may be appropriate;

 

c.  authorize City staff to obtain an appraisal report to value the Properties, 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, Acquisitions and Expropriations, jointly and severally, to sign the Notices of Expropriation, Notices of Possession, Offer of Compensation and any related document on behalf of the City for such Properties.

 

4.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (May 25, 5016) from the Chief Corporate Officer once there has been a final determination of all property transactions and claims for compensation related to the Project to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (May 25, 5016) from the Chief Corporate Officer remains confidential in its entirety 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 and it pertains litigation or potential litigation that affects the City or one of its agencies, boards and commissions.  Confidential Attachment 1 to the report (May 25, 5016) from the Chief Corporate Officer will be made public once there has been a final determination of all property transactions and claims for compensation related to the Project to the satisfaction of the City Solicitor.

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions.

Background Information (Committee)

(May 25, 2016) Report from the Chief Corporate Officer on Expropriation of Portion of the Rear Properties at 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station Easier Access and Masonry Repair Projects
https://www.toronto.ca/legdocs/mmis/2016/gm/bgrd/backgroundfile-93458.pdf
(May 25, 2016) Confidential Attachment 1 - 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station

GM13.21 - Expropriation of Portion of the Rear Properties at 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station Easier Access and Masonry Repair Projects

Decision Type:
ACTION
Status:
Adopted
Ward:
13 - Parkdale-High Park

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions.

Committee Recommendations

The Government Management Committee recommends that:

 

1.  City Council, grant authority for the City to enter into agreements, an offer to sell or a Section 30 Agreement under the Expropriations Act, with the owner and/or interested party of each of the Properties and any such other related and required agreements to acquire each Property from such owner or party for consideration within the budget set out in Confidential Attachment 1 to the report (May 25, 2016) from the Chief Corporate Officer for all the Properties, on terms and conditions acceptable to the Chief Corporate Officer, together with such other terms as may be deemed appropriate by the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

2.  City Council authorize the Chief Corporate Officer and the Director, Real Estate Services, jointly and severally, to execute such agreements referred to in Recommendation 1.

 

3.  In the event that the City is unable to reach an agreement with an owner or interested party of a Property for the acquisition of such Property by the City as provided for in Recommendation 1, City Council:

 

a.  As approving authority under the Expropriations Act, approve the expropriation of such Properties;

 

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 Notices of Expropriation, Notices of Election as to a Date for Compensation and/or Notices of Possession for such Properties, as may be appropriate;

 

c.  Authorize City staff to obtain an appraisal report to value the Properties, 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 of Acquisitions and Expropriations, jointly and severally, to sign the Notices of Expropriation, Notices of Possession, Offer of Compensation and any related document on behalf of the City for such Properties.

 

4.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (May 25, 5016) from the Chief Corporate Officer once there has been a final determination of all property transactions and claims for compensation related to the Project to the satisfaction of the City Solicitor.

Origin

(May 25, 2016) Report from the Chief Corporate Officer

Summary

This report seeks approval from City Council, as the approving authority under the Expropriations Act to expropriate fee simple interests, permanent and temporary easements in, over and through a portion of the rear properties at 2194 to 2218 Bloor Street West, as identified in Appendix "A-1" and "A-2" (collectively the "Properties" and individually a "Property") in order to proceed with the construction of the new elevators to provide passenger accessibility from street level to the below grade subway platforms ("Easier Access Phase III Project") and repairs to the masonry wall along the south side of the station building ("Masonry Repair Project")(collectively the "Projects").  In order to facilitate the Projects, the Properties are required.

Background Information

(May 25, 2016) Report from the Chief Corporate Officer on Expropriation of Portion of the Rear Properties at 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station Easier Access and Masonry Repair Projects
https://www.toronto.ca/legdocs/mmis/2016/gm/bgrd/backgroundfile-93458.pdf
(May 25, 2016) Confidential Attachment 1 - 2194 to 2218 Bloor Street West - TTC Runnymede Subway Station

Motions

Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)
Source: Toronto City Clerk at www.toronto.ca/council