Item - 2022.GL31.12

The General Government and Licensing Committee recommend that:

1. City Council authorize the Executive Director, Corporate Real Estate Management to continue negotiations to acquire a fee simple interest in part of the property municipally known as 24 Ferrand Drive, as set out in in Appendix A to the report (May 24, 2022) from the Executive Director, Corporate Real Estate Management, and as illustrated as Parts 1 - 4 on the draft reference plan attached as Appendix B (the "Property") to the report (May 24, 2022) from the Executive Director, Corporate Real Estate Management, and authorize the initiation of expropriation proceedings for the Property, for municipal purposes, including for the Housing Now project at 805 Don Mills Road, the realignment of Ferrand Drive, and works ancillary thereto.

2. City Council grant authority to serve and publish Notices of Application for Approval to Expropriate Land for the Property, to forward to the Ontario Land Tribunal any requests for hearings that are received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.

This report seeks authority to initiate expropriation proceedings for a fee simple interest in part of the property municipally known as 24 Ferrand Drive (the "Property") for the purpose of incorporating the Property into the Housing Now Initiative site at 805 Don Mills Road and facilitating the road realignment of Ferrand Drive.

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.

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 an expropriation plan, which would then be followed by the service of notices as required by the Act.

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