Item - 2019.GL7.12

The General Government and Licensing Committee recommends that:

1.  City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations for the acquisition of the Property Interests listed in Appendix A and outlined on the easement drawings attached as Appendix B (collectively, the Project Requirements) and on the project map attached as Appendix C to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, for the construction of the proposed Fairbank Silverthorn Storm Trunk Sewer System and grant authority to initiate the expropriation process for the Project Requirements if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2.  City Council authorize the Executive Director, Corporate Real Estate Management, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward any requests for hearing to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.

The purpose of this report is to seek authority from City Council to commence expropriation proceedings, if necessary, to acquire permanent easements on part of the properties municipally known as 441 Blackthorn Avenue, 415 Nairn Avenue, 417 Nairn Avenue, 419 Nairn Avenue, 18 Branstone Road, 20 Branstone Road, 119 Ennerdale Road, 49 Dynevor Road, 65 Dynevor Road, and 2226 Dufferin Street (collectively, the Properties). The acquisition of these easements is essential for the construction of the proposed Fairbank Silverthorn Storm Trunk Sewer System and works ancillary thereto beneath the surface of the Properties to reduce the risk of future basement flooding in the Eglinton Avenue West and Caledonia Road area.

This report is the first stage of the expropriation process. After the application for approval to expropriate is authorized, staff will serve and publish notice on the registered owners of the Properties. Registered owners will have 30 days to request an inquiry into whether the proposed takings are fair, sound, and reasonably necessary.

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