Item - 2023.GG8.18

The General Government Committee recommends that:

1. City Council authorize the initiation of expropriation proceedings for fee simple interests in the lands illustrated as Part 1 to 9 on the draft reference plan attached as Attachment A (the "Properties") to the report (November 22, 2023) from the Interim Executive Director, Corporate Real Estate Management, for the purposes of constructing a multi-use trail along the east side of Brimley Road, from Barkdene Hills south to Bluffers Park Road.

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 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 fee simple interests in portions of the properties municipally known as 32, 34, 36, 38, 40, 44, 46, 48, and 50 Larwood Boulevard, for the purpose of the installation of a multi-use trail to improve pedestrian and cyclist safety on the east side of Brimley Road South, from Barkdene Hills to Bluffers Park Road.

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

Staff will 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 affected after adoption by City Council (as approving authority) of the Stage 2 report, and by registration of an expropriation plan, which would then be followed by the service of further 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 as defined in the Act.