Item - 2025.GG19.20

The General Government Committee recommends that:  

1. City Council, as approving authority under the Expropriations Act (the "Act"), approve the expropriation of a permanent subsurface easement in part of the property municipally known as 75 Hyde Avenue as set out in Appendix A to the report (February 10, 2025) from the Executive Director, Corporate Real Estate Management, and as identified on the reference plan attached as Appendix C (the "Property Requirement") to the report (February 10, 2025) from the Executive Director, Corporate Real Estate Management.

2. City Council authorize the City, as expropriating authority under the Act, to take all necessary steps to comply with the Act, including but not limited to the preparation and registration of an Expropriation Plan, and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

3. City Council authorize severally each of the Executive Director, Corporate Real Estate Management and the Director, Real Estate Services to prepare, execute and serve Offers of Compensation based on a report appraising the market value of the Property Requirement in accordance with the requirements of the Act.

4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (February 10, 2025) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of the compensation payable to the property owners by arbitration, appeal or settlement, to the satisfaction of the City Solicitor.

On April 17, 2024, City Council authorized the initiation of expropriation proceedings for a permanent easement in part of the property municipally known as 75 Hyde Avenue for the purpose of facilitating Phase One of Toronto Water's Black Creek Sanitary Trunk Sewer Relief System project (the "Project").

This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Expropriations Act, Notices of Application for Approval to Expropriate were served on all applicable "registered owners" and published in the newspaper. Registered owners then had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary. The owner of 75 Hyde Avenue initially requested an inquiry; however, the request has since been withdrawn and City Council may now approve the expropriation by this Stage 2 report. If authorized, an Expropriation Plan will be registered, and associated notices served. A Statutory Offer of Compensation must be served prior to the City taking possession of the expropriated property.

The property requirement is set out in Appendix A and shown on the reference plan attached as Appendix C.