Item - 2018.GM25.7

The Government Management Committee recommends that:

1.  City Council, grant authority for the City to enter into agreements, an offer to sell or an agreement under the Expropriation Act, with respect to the Property Interests identified in Appendix A (the "Property Interests") to the report (February 5, 2018) from the Director, Real Estate Services on terms and conditions acceptable to the Deputy City Manager, Internal Corporate Services and in a form satisfactory to the City Solicitor.

2.  City Council authorize the Deputy City Manager, Internal Corporate Services and the Director of Real Estate Services jointly and severally, to execute such agreements identified in Recommendation 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 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 the Director, Real Estate Services 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 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 the Director, Real Estate Services 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 of 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 (February 5, 2018) from the Director, Real Estate Services 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 "Project"), the Toronto Transit Commission (TTC) is proposing to construct two (2) elevators at Sherbourne Subway Station providing accessibility to and from each of the eastbound and westbound platforms and street level.

Part of the new infrastructure is to be built on lands owned by the City of Toronto and leased to a third party under a long term ground lease.  Negotiations for the acquisition of the property interests have been ongoing with the third party tenant (the "Lease Holder"), however in order to protect the Project timeline this report seeks approval from City Council, as the approving authority under the Expropriations Act to expropriate permanent and temporary easements in, over and through a portion of the property at 425 Bloor St East, as identified in Appendix A (collectively and individually the "Property Interest").