Item - 2023.GG4.23

The General Government Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations to acquire a small rectangular portion (approximately 40 square metres) of the property municipally known as 165 The Queensway, as set out in Appendix A and as illustrated as Part 1 on Plan 66R-33117 attached as Appendix B (the "Property") to the report (May 25, 2023) from the Executive Director, Corporate Real Estate Management, and authorize the initiation of expropriation proceedings for the Property, for the purpose of constructing road enhancements at the intersection of The Queensway and Park Lawn Road as part of The Queensway Complete Street project.

2. City Council grant authority to serve and publish the 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 the fee simple interest of a small rectangular portion (approximately 40 square metres) of the property municipally known as 165 The Queensway (the "Property") for the purposes of road safety enhancements, construction, maintenance and any future repairs to that portion of the road network as part of Transportation Services' The Queensway Complete Street project (the "Project").  

This is Stage One 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 Two report, providing details on property values and other costs, and if the Hearing of Necessity 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 Two 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.