Item - 2024.GG11.11

The General Government Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations to acquire the property interests as illustrated on the project map attached as Appendix A to the report (March 12, 2024) from the Executive Director, Corporate Real Estate Management, as set out in Appendix B (the “Property Requirements”)  to the report (March 12, 2024) from the Executive Director, Corporate Real Estate Management, and as illustrated in the easement drawings attached as Appendix C to the report (March 12, 2024) from the Executive Director, Corporate Real Estate Management, and City Council authorize the initiation of expropriation proceedings for the Property Requirements for the purposes of permanent easements for a sanitary trunk sewer and one shaft, and a temporary easement for construction staging, if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2. City Council grant authority to serve and publish the Notices of Application for Approval to Expropriate Land for the Property Requirements, 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 permanent easements in part of the properties municipally known as 37 Downsview Avenue, 200 Chalkfarm Drive, 1570 Wilson Avenue, 2090 Jane Street, 2208 Jane Street, 2210 Jane Street and 75 Hyde Avenue, and a temporary easement in part of the property municipally known as 2090 Jane Street for the purposes of facilitating Phase One of Toronto Water's Black Creek Sanitary Trunk Sewer Relief System project.

This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, staff will serve and publish the Notice of Application for Approval to Expropriate Land 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 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 expropriations would only be effected after adoption by City Council, as approving authority, of the Stage 2 report, by registration of an expropriation plan(s), which would then be followed by the service of notices as required by the Act. Before the City could take possession of the expropriated properties, offers of compensation based on appraisal reports must be served on each registered owner.