Item - 2017.GM22.33

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 Expropriation Act, with the owner of the Property Interest, 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 of Real Estate Services, jointly and severally, to execute such agreements referred to in Recommendation No. 1.

3.  In the event that the City is unable to reach an agreement with the owner for the acquisition of the Property Interest as provided for in Recommendation No 1, City Council:

a.  as approving authority under the Expropriations Act, approve the expropriation of the Property Interest;

b.  as expropriating authority under the Expropriations Act, authorize City staff to take all steps necessary to comply with the Expropriations Act, including by not limited to the preparation and registration of an Expropriation Plan, and service of the Notice of Expropriation, Notice of Election as to a Date for Compensation and/or Notice of Possession for the Property, as may be appropriate;

c.  authorize City staff to obtain an appraisal report to value the Property Interest, 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 the Property Interest.

4.  City Council authorize the public release of Confidential Attachment 1 to the report (September 6, 2017) from the Chief Corporate Officer once there has been a final determination and closing of the compensation payable for the Property by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor.

As part of the Easier Access Phase III Project, the Toronto Transit Commission (TTC) is proposing to construct two (2) elevators at Runnymede Subway Station providing accessibility to and from each of the eastbound and westbound platforms and street level.

This report seeks approval from City Council, as the approving authority under the Expropriations Act to expropriate a permanent easement in, over and through a portion of the rear property at 2208 Bloor Street West, as identified in Appendix "A" and shown approximately in Appendix "A2" (known as the "Property Interest") 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 lll 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 Property Interest is required.