1 18 COMPENSATION FOR EXPROPRIATION UPDATE HIGHWAY 7 WEST (H2-VMC) VIVANEXT PROJECT CITY OF VAUGHAN The Finance and Administration Committee recommends the adoption of the recommendation contained in the following report dated May 28, 2013, from the Commissioner of Corporate Services. 1. RECOMMENDATION It is recommended that Council receive this report for information. 2. PURPOSE This report advises Council on compensation amounts offered under section 25 of the Expropriations Act (the Act ) to owners whose lands have been expropriated for the widening of a portion of Highway 7, for the vivanext bus rapid transit project. 3. BACKGROUND Council authorized staff to serve offers of compensation on owners under the Act At its meeting on October 20, 2011, Council authorized the Commissioner of Corporate Services to serve 25 property owners with section 25 offers on behalf of The Regional Municipality of York, in accordance with the Act. It was necessary to obtain this approval based on external draft appraisal reports and prior to confirming the compensation amounts to be offered to owners, in order to meet project deadlines and legislative timelines under the Act. Upon receipt and review of the final external appraisal reports, it was determined that the appraiser needed to amend the compensation amounts to correct a number of oversights/inconsistencies in the analysis of market value and injurious affection. In addition, a business decision was made that the section 25 offers would not be served until environmental testing was completed on the subject properties, so that deductions for remediation costs could be made from the offers, where appropriate.
2 4. ANALYSIS AND OPTIONS Section 25 offers were served on owners of 24 properties The Region served section 25 offers on owners of 24 of 25 properties in January and February No offer was served on the remaining property. Instead, Council approved the abandonment of the remaining expropriated property in April Offers of compensation were based on revised appraisals and reduced property damages, which decreased overall compensation At its meeting on October 20, 2011, Council approved compensation amounts for the 24 subject properties of $802,100 for market value of land and $1,129,109 for damages, which equates to $1,931,209 in total compensation. Subsequent revisions to the construction impacts and the appraised values resulted in a reduction in market value of land to $587,970, and a reduction of damages to $489,880, which amounted to $1,077,850 in total compensation (a reduction of $853,359). Injurious affection was not identified by the appraiser, therefore, the section 25 offers were comprised only of market value of land and disturbance damages. Section 25 of the Act requires the Region to offer (a) full compensation for the owner s lands and (b) immediate payment of 100 per cent of the market value. No Owner First Vaughan Investments, Ruland Properties, Skyrange Investments Co. Ltd Ontario Metrus (Terra) Properties Ontario Municipal Address 3200 Highway Highway Jane Street 2986 Highway 7 Legal Description of Expropriated Lands Part 2 on Expropriation Part 3 on Expropriation Part 4 and 5 on Expropriation Plan YR Plan YR Part 2 on Expropriation Interest Required
3 Ontario Midvale Estates Royal 7 Developments Ltd. The Hollywood Princess Convention and Banquet Centre Ltd Highway #7 Investments Multiple Owners (YRCP 728) Multiple Owners (YRCP 727) Ontario Ontario Bill Nikolakakos and Kalliope Nikolakakos Domy's & Pat's Garage & Auto Collision Ltd Highway Highway Highway Highway Highway 7 23 McCleary Court 35 McCleary Court 99 McCleary Court 2641 Highway Highway Highway 7 Part 4 on Expropriation Part 3 on Expropriation Part 6 on Expropriation Part 7 on Expropriation Part 8 on Expropriation Part 2 on Expropriation Part 4 on Expropriation Part 3 on Expropriation Part 7 on Expropriation Part 6 on Expropriation Part 5 on Expropriation Part 9 on Expropriation Part 8 on Expropriation Part 23 on Expropriation Part 21 on Expropriation Part 19 and 22 on Expropriation Plan YR Part 20 on Expropriation Part 15 on Expropriation Part 16 on Expropriation Part 17 on Expropriation
4 16 Domy's & Pat's Garage & Auto Collision Ltd Highway 7 17 Ernest Boersig 49 Costa Road 18 Imperial Oil 19 Husky Oil La Torinese Drapery Ltd. Salvatore Termini, Calogero Bancheri and Michele Termini Lorwood Holdings Incorporated St. Marys Cement (Canada) Canada Southwest corner of Highway 7 and Costa Road 2757 Highway Highway Creditstone Road 2851 Highway Highway 7 Southwest corner of Edgeley Boulevard and Highway 7 Part 18 on Expropriation Part 14 on Expropriation Part 13 on Expropriation Part 12 on Expropriation Part 10 on Expropriation Part 11 on Expropriation Part 12 on Expropriation Part 10 on Expropriation Part 11 on Expropriation Part 9 on Expropriation Part 6 on Expropriation Part 7 on Expropriation The permanent easements are required for the purpose of entering the lands with all vehicles, machinery, workmen and other material to extend, construct and maintain surface water drainage discharge systems, retaining walls and works. The temporary easements are required for the purpose of entering on the lands with all vehicles, machinery, workmen and other material to provide for hard and soft landscaping, grading and re-shaping of the lands to the limit of the reconstruction of Highway 7 and works ancillary thereto and will run for three (3) years. Link to key Council - approved plans From Vision to Results: 2011 to 2015 Strategic Plan Priority Area Focus Growth along Regional Centres and Corridors Optimize the transportation capacity and services in Regional Centres and Corridors The acquisition of these lands will assist the Region in meeting its key strategic transportation needs.
5 5. FINANCIAL IMPLICATIONS The funds required to complete the property acquisitions have been included in the 2013 YRRTC Capital Budget. The project is funded by the Province, via the Metrolinx Master Agreement. 6. LOCAL MUNICIPAL IMPACT The construction of dedicated bus lanes and related facilities, as well as road and intersection improvements along Highway 7, between Highway 400 and the CN MacMillan Yard (just west of Keele Street), is critical to the achievement of the City of Vaughan s vision for the Highway 7 corridor, including the Vaughan Metropolitan Centre. Additionally, this project will improve public transit facilities and enrich the streetscapes to support the Region s goal for higher density mixed use transit-oriented development. 7. CONCLUSION On August 12, 2011, expropriation plans were registered to acquire lands along a portion of Highway 7. The Act requires the Region to offer compensation to the registered owners of these expropriated lands. Council authorized the service of section 25 offers of compensation in respect of the properties listed in this report on October 20, 2011, however, due to complications with the Region s external consultants, the service of such offers was delayed, and the amount of such offers amended. Revised offers of compensation have been served upon the owners of the properties set out in this report in accordance with the Act and based upon values established by independent accredited appraisers commissioned by the Region. This is a report back to Council to correct the schedule of compensation included with the report to Council on October 20, 2011 and confirm the final amount of the offers served. For more information on this report, please contact René Masad, Director, Property Services Branch at Ext The Senior Management Group has reviewed this report. (The two attachments referred to in this clause are attached to this report.)
6 COUNCIL ATTACHMENT 1 Portage Parkway Edgeley Boulevard Apple Mill Road Property No. 1 Millway Avenue Jane Street Property No. 2 Property No. 3 Highway 7 Property No. 24 Interchange Way Property No. 4 Property No. 5 Property No. 6 Commerce Street Doughton Road Path: G:\Legal\L09 - Precedents\Nelson\Maps\VIVA\H2-VMC - Compensation for Expropriation #1 Update (Map#1).mxd LOCATION PLAN Compensation for Expropriation Update Highway 7 (H2-VMC), vivanext Project City of Vaughan, June 27, 2013 Legend Subject Properties Parcel Produced by: Property Services Branch Corporate Services Department Copyright, The Regional Municipality of York, March, 2013 Copyright, First Base Solutions, 2011 Orthophotography * Includes Queen s Printer for Ontario Ü m
7 COUNCIL ATTACHMENT 2 Barnes Court Creditstone Road Property No. 9 Property No. 10 Property No. 11 Property No. 7 Property No. 8 McCleary Court Property No. 12 Highway 7 Maplecrete Road Property No. 23 Property No. 22 Doughton Road Property No. 21 Costa Road Property No. 20 Property No. 19 Property No. 18 Freshway Drive Killaloe Road Property No. 13 Property No. 14 Property No. 15 Property No. 16 Property No. 17 Path: G:\Legal\L09 - Precedents\Nelson\Maps\VIVA\H2-VMC - Compensation for Expropriation #1 Update (Map#2).mxd LOCATION PLAN Compensation for Expropriation Update Highway 7 (H2-VMC), vivanext Project City of Vaughan, June 27, 2013 Produced by: Property Services Branch Corporate Services Department Copyright, The Regional Municipality of York, March, 2013 Copyright, First Base Solutions, 2011 Orthophotography * Includes Queen s Printer for Ontario Ü m Legend Subject Properties Parcel Railway