Item - 2021.GL24.13

The General Government and Licensing Committee recommends that: 

1. City Council authorize the Executive Director, Corporate Real Estate Management, to approve the acquisition of the properties known municipally as 236, 238, 240, 242, 244, 246, 248, 250, 252, and 254 Old Weston Road, as more particularly described in Appendix A to the report (June 15, 2021) from the Executive Director, Corporate Real Estate Management and shown in the sketches attached as Appendix B to the report (June 15, 2021) from the Executive Director, Corporate Real Estate Management, (the "Subject Properties"), in accordance with the delegated authorities set out in Article 2 of City of Toronto Municipal Code, Chapter 213, Real Property, without satisfying General Condition (H) of Appendix B of Chapter 213.

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the Subject Properties, and if such negotiations are unsuccessful, as Approving Authority under the Expropriations Act, City Council authorize the initiation of the expropriation process for the Subject Properties for the purpose of extending Davenport Road and related ancillary works. 

3. City Council direct the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate the Subject Properties, to forward any requests for a hearing of necessity to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Inquiry Officer's recommendations to City Council for its consideration if acquisitions of the Subject Properties cannot be completed by an agreement of purchase and sale in order to accommodate the project timelines.

As contemplated by the St. Clair West Transportation Master Plan, Transportation Services requires the acquisition of ten (10) properties located along Old Weston Road municipally known as 236, 238, 240, 242, 244, 246, 248, 250, 252, and 254 Old Weston Road, and more particularly described in Appendix "A" (collectively, the "Subject Properties") for the purpose of building an extension of Davenport Road. This road extension aims to improve the multi-modal transportation network in the area.

This report seeks City Council authority for the Executive Director, Corporate Real Estate Management, to approve the acquisition of ten (10) properties located on Old Weston Road in accordance with the delegated authorities set out in Article 2 of City of Toronto Municipal Code, Chapter 213, Real Property, without satisfying General Condition (H) of Appendix B of Chapter 213.

This report also seeks City Council authority to commence expropriation proceedings to acquire fee simple interest in the Subject Properties, if required. City staff will continue to negotiate with the owners to acquire the Subject Properties through an agreement of purchase and sale, rather than by expropriation; however, expropriation proceedings are being initiated in order to maintain project timelines.

This is the first stage of the expropriation process. After application for approval to expropriate the Subject Properties is authorized by City Council, as the Approving Authority under the Expropriations Act, and if City staff deem necessary, a Notice of Application for Approval to Expropriate will be published and served on each registered owner of the Subject Properties. Registered owners will have thirty (30) days to request an inquiry into whether the City's proposed taking is fair, sound and reasonably necessary.

If no inquiry is requested, City Council may approve the expropriation through a subsequent Stage 2 report. At that time, City staff will report to City Council with further details on the anticipated costs, based on appraisals. Following the Stage 2 report, an Expropriation Plan will be registered and Notices of Expropriation will be served on the appropriate parties. Statutory offers for compensation must be served before the City can take possession of the expropriated Subject Properties.