Item - 2021.GL25.13

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 (August 31, 2021) from the Executive Director, Corporate Real Estate Management and outlined in the easement drawings attached as Appendix B1 through B5 inclusive (collectively, the "Project Requirements") to the report (August 31, 2021) from the Executive Director, Corporate Real Estate Management and City Council authorize the initiation of the expropriation proceedings for the Project Requirements, for the purposes of the construction of a new retaining wall along a portion of Halford Avenue and works ancillary thereto (the "Project").

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate the Project Requirements, to forward to the Ontario Land Tribunal any requests for inquiries received, to attend the hearing(s) 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 City Council authority to commence expropriation proceedings to acquire permanent and temporary easement interests in the properties municipally known as 19, 21, 23, 25 and 27 Halford Avenue (collectively the "Project Requirements"). The acquisitions of these easements is essential to Transportation Services' reconstruction, maintenance and future repairs of a new retaining wall along the abutting public street (the "Project").

This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, City staff may serve and publish the Notice of Application for Approval to Expropriate on each registered owner. Owners, as defined in the Expropriations Act (the "Act"), will have 30 days to request a hearing into whether the City's proposed taking is fair, sound and reasonably necessary.

City staff may report back to City Council with a Stage 2 Report, providing details on property values and other costs, and if a hearing is requested, the report of the Ontario Land Tribunal. The proposed expropriation would only be effected, after adoption by City Council, as approving authority, of the Stage 2 report, by registration of expropriation plans, which would then be followed by the service of notices as required by the Act.

Before the City can take possession of the expropriated Project Requirements, offers of compensation based on appraisal reports must be served on each registered owner.