Item - 2020.GL19.13

The General Government and Licensing Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the property interests listed in Appendix A to the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management and outlined on the easement drawings attached as Appendix B to the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management (collectively, the "Project Requirements"), and as approving authority, authorize the initiation of the expropriation process for the Project Requirements, for the purposes of the Port Union Road widening project and ancillary works.

2. City Council direct the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.          

The purpose of this report is to seek authority from City Council to commence expropriation proceedings to acquire permanent easements on part of the properties municipally known as 429 Port Union Road, 433 Port Union Road, 437 Port Union Road, 28 Rozell Road, 33 Rozell Road, 2 Cameron Glen Boulevard, 446 Lawson Road and 24 Fanfare Avenue (collectively, the "Properties"). The acquisition of these easements is essential for the construction of the proposed Port Union Road Widening project and ancillary works to improve vehicular traffic as well as cyclist and pedestrian safety in the 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 cost, 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.

Staff continue to negotiate with owners to secure the easements by agreement, rather than by expropriation. However, expropriation proceedings are being initiated in order to maintain project timelines.