THE REGIONAL MUNICIPALITY OF YORKarchives.york.ca/councilcommitteearchives/pdf/rpt 2-2.pdf · The Council of The Regional Municipality of York on January 22, ... Ref No. Address ;

1 Report No. 2 of the Rapid Transit Public/Private Partnership Steering Committee

Regional Council Meeting of January 22, 2009

THE REGIONAL MUNICIPALITY OF YORK

REPORT NO. 2 OF THE RAPID TRANSIT PUBLIC/PRIVATE PARTNERSHIP STEERING COMMITTEE

MEETING HELD ON JANUARY 15, 2009

For Consideration by The Council of The Regional Municipality of York

on January 22, 2009

1

EXPROPRIATION OF LAND HIGHWAY 7, VIVA PROJECT 90773

TOWN OF MARKHAM AND TOWN OF RICHMOND HILL

The Rapid Transit Public/Private Partnership Steering Committee recommends the adoption of the recommendations contained in the following report dated January 13, 2009, from the Commissioner of Corporate Services.

1. RECOMMENDATIONS

It is recommended that: 1. Authority be granted to apply for approval to expropriate the following lands within

the Town of Markham and the Town of Richmond Hill, in The Regional Municipality of York:

(a) a fee simple interest in approximately 1.2 ha. (2.9 acres), being

Ref No. Address Legal Description

1 S.S. Highway 7E Part of PIN 03029-0907 (LT) Part Block 46, Plan 65M-3226 designated as Parts 18 & 19 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009




2 330 Highway 7E Part of PINs 29302-0001 (LT) to 29302-0363 (LT) both inclusive, Part of Common Elements of YRCP No. 771 designated as Parts 1 & 2 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

3 360 Highway 7E Part of PINs 29380-0001 (LT) to 29380-0101 (LT), Part of Common Elements of YRCP No. 850 designated as Parts 3 & 4 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

4 S.S. Highway 7E Part of PIN 03029-0906 (LT), Part Block 45, Plan 65M-3226 designated as Parts 14 & 15 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

5 5 Rockwell Road and 372 Highway 7E

Part of PIN 03119-0018 (LT), Part Lot 31, Plan 2607 designated as Part 6 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009 and Part of PIN 03119-0017 (LT), Part Lot 31, Plan 2607 designated as Part 7 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

6 376 Highway 7E Part of PIN 03119-0016 (LT), Part Lot 32, Plan 2607 designated as Part 8 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009



9 386 Highway 7E Part of PIN 03119-0013 (LT), Part Lot 11, Conc. 2, RH (MKM) designated as Part 11 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

10 396 Highway 7E Part of PIN 03119-0012 (LT), Part Lot 11, Conc. 2 RH (MKM) designated as Part 12 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009





12 404-408 Highway 7E

Part of PIN 03119-0010 (LT), Part Lot 11, Conc. 2 RH (MKM) designated as Parts 16, 17 & 18 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

15 420 Highway 7E Part of PIN 03124-0544 (LT), Part Block 92, Plan 65M-2579 designated as Parts 14 & 15 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

16 95-115 Times Avenue

Part of PIN 03029-1122 (LT), Part Block 10, Plan 65M-3226 designated as Parts 2 & 3 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

18 NS Highway 7E Part of PINs 29374-0001 (LT) to 29374-0125 (LT), Part of Common Elements, YRCP No. 844 designated as Parts 10 & 11 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

19 300 West Beaver Creek


20 E.S. Commerce Valley Drive

Part of PIN 03029-0806 (LT), Part of Lot 10, Conc. 2 MKM (MKM) designated as Parts 2 & 3 on draft Plan L12-010689 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

21 11-27 Allstate Parkway


22 S.S. Highway 7E Part of PIN 03031-0010 (LT), Part Lot 7, Plan 65M-2326 designated as Parts 20 & 21 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

23 S.S. Highway 7E Part of PIN 03031-0011 (LT), Part Lot 8, Plan 65M-2326 designated as Parts 18 & 19 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009




24 75 Frontenac Drive

Part of PIN 03046-0202 (LT), Part Lot 11, Conc. 3, MKM (MKM) designated as Part 1 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

25 25-71 Cochrane Drive

Part of PIN 03031-0121 (LT), Part Lot 9, Plan 65M-2326 designated as Parts 11, 12, 13, 14, 15, 16 & 17 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

27 S.S. Highway 7 Part of PIN 03031-0120 (LT), Part Lot 9, Plan 65M-2326 designated as Parts 7 & 8 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

28 8555 Woodbine Avenue

Part of PIN 03045-0402 (LT), Part Block A, Plan 4556 designated as Part 1 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

29 3088 Highway 7 Part of PIN 03045-0404 (LT), Part of Blocks A and D, Plan 4556 designated as Part 2 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

30 3085 Highway 7 Part of PIN 03032-0003 (LT), Part West Half Lot 10, Conc. 4 MKM (MKM) designated as Part 5 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

31 130-3150 Highway 7

Part of PIN 03045-0007 (LT), Part Block E, Plan 4556 designated as Part 3 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

32 &33

3265-3275 Highway 7

Part of PIN 03032-0302 (LT), Part Lot 10, Conc. 4 MKM (MKM) designated as Part 4 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

35A, 35B, 36

N.S. Highway 7 Part of PIN 03045-0052 (LT), Part Block 1, Plan 65M-2445 designated as Parts 4, 5, 6 & 7 on draft Plan L12-010685 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

49, 50, 52

120 South Town Centre Boulevard





51 N.S. Highway 7 Part of PIN 03034-0100 (LT), Part Block 3, Plan 65M-2503 designated as Parts 13 & 14 on draft Plan L12-010685 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

55 E.S. South Town Centre Boulevard


56 120 South Town Centre Boulevard

Part of PIN 03033-0011 (LT), Part Block 4, Plan 65M-2668 designated as Part 1 on draft Plan L12-010687 prepared by Lloyd & Purcell Ltd. dated January 20, 2009



(b) a fee simple strata interest in approximately 12.2 sq m. (0.01 acres), being



Part of PINs 29653-0001 (LT) to 29653-1021 (LT), Part of Common Elements, YRCP No. 1122 designated as Part 10 on draft Plan L12-010687 prepared by Lloyd & Purcell Ltd. dated January 20, 2009 and PIN 29653-0070, all of Unit 70, Level 1 YRCP No. 1122 designated as Part 16 on draft Plan L12-010687 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

(c) a permanent limited interest in approximately 240.4 sq.m. (0.06 acres), being



10 396 Highway 7E Part of PIN 03119-0012 (LT), Part Lot 11, Conc. 2 RH (MKM) designated as Part 29 on




draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009


Part of PIN 03045-0402 (LT), Part Block A, Plan 4556 designated as Part 18 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

29 3088 Highway 7 Part of PIN 03045-0404 (LT), Part of Blocks A and D, Plan 4556 designated as Part 17 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

31 130-3150 Highway 7

Part of PIN 03045-0007 (LT), Part Block E, Plan 4556 designated as Parts 15 & 16 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009



(d) a temporary limited interest in approximately 1.74 ha. (4.3 acres), being


2 330 Highway 7E Part of PINs 29302-0001 (LT) to 29302-0363 (LT) both inclusive, Part of Common Elements of YRCP No. 771 designated as Part 20 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

5 5 Rockwell Road and 372 Highway 7E

Part of PIN 03119-0018 (LT), Part Lot 31, Plan 2607 designated as Part 21 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009 and Part of PIN 03119-0017 (LT), Part Lot 31, Plan 2607 designated as Part 22 on draft Plan L12-010679 prepared by Lloyd & Purcell Ltd. dated January 20, 2009










12 404-408 Highway 7E

Part of PIN 03119-0010 (LT), Part Lot 11, Conc. 2 RH (MKM) designated as Part 28 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

15 420 Highway 7E Part of PIN 03124-0544 (LT), Part Block 92, Plan 65M-2579 designated as Part 27 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

16 95-115 Times Avenue





18 NS Highway 7E Part of PINs 29374-0001 (LT) to 29374-0125 (LT), Part of Common Elements, YRCP No. 844 designated as Parts 22, 23 & 24 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

19 300 West Beaver Creek


20 E.S. Commerce Valley Drive

Part of PIN 03029-0806 (LT), Part of Lot 10, Conc. 2 MKM (MKM) designated as Part 4 on draft Plan L12-010689 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

21 11-27 Allstate Parkway


22 S.S. Highway 7E Part of PIN 03031-0010 (LT), Part Lot 7, Plan 65M-2326 designated as Part 26 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

23 S.S. Highway 7E Part of PIN 03031-0011 (LT), Part Lot 8, Plan 65M-2326 designated as Part 27 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

24 75 Frontenac Drive

Part of PIN 03046-0202 (LT), Part Lot 11, Conc. 3, MKM (MKM) designated as Part 22 & 23 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

25 25-71 Cochrane Drive

Part of PIN 03031-0121 (LT), Part Lot 9, Plan 65M-2326 designated as Part 28 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

27 S.S. Highway 7 Part of PIN 03031-0120 (LT), Part Lot 9, Plan 65M-2326 designated as Part 30 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009





Part of PIN 03045-0402 (LT), Part Block A, Plan 4556 designated as Parts 6 & 7 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

29 3088 Highway 7 Part of PIN 03045-0404 (LT), Part of Blocks A and D, Plan 4556 designated as Parts 8 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

30 3085 Highway 7 Part of PIN 03032-0003 (LT), Part West Half Lot 10, Conc. 4 MKM (MKM) designated as Part 14 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

31 130-3150 Highway 7

Part of PIN 03045-0007 (LT), Part Block E, Plan 4556 designated as Part 9 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

32 &33

3265-3275 Highway 7

Part of PIN 03032-0302 (LT), Part Lot 10, Conc. 4 MKM (MKM) designated as Parts 10 & 11 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

35A, 35B, 36

N.S. Highway 7 Part of PIN 03045-0052 (LT), Part Block 1, Plan 65M-2445 designated as Parts 21 & 22 on draft Plan L12-010685 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

49, 50, 52

120 South Town Centre Boulevard

Part of PIN 03033-0074 (LT), Part Block 1, Plan 65M-2668 designated as Parts 4, 5 & 6 on draft Plan L12-010686 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

51 N.S. Highway 7 Part of PIN 03034-0100 (LT), Part Block 3, Plan 65M-2503 designated as Part 25 on draft Plan L12-010685 prepared by Lloyd & Purcell Ltd. dated January 20, 2009




Part of PIN 03033-0100 (LT), Part Block 2, Plan 65M-3998 designated as Part 15 on draft




Plan L12-010687 prepared by Lloyd & Purcell Ltd. dated January 20, 2009





E1 312 Highway 7E Part of PIN 03118-0240 (LT), Part Lot 12, Plan 2607 designated as Part 2 on draft Plan L12-010688 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E2 324 Highway 7E Part of PIN 03118-0225 (LT), Part Lot 17, Plan 2607 designated as Part 3 on draft Plan L12-010688 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E3 N.S. Highway 7E Part of PINs 29356-0001 (LT) to 29356-0424 (LT), Part Common Elements, YRCP No. 826 designated as Part 4 on draft Plan L12-010688 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E4 130 Pond Drive Part of PINs 29489-0001 (LT) to 29489-0366 (LT), Part of Common Elements YRCP No. 958 designated as Part 5 on draft Plan L12-010681 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E7 500 Highway 7E Part of PIN 03124-0558 (LT), Part Block 1, Plan 65M-2106 designated as Part 5 on draft Plan L12-010689 prepared by Lloyd & Purcell Ltd. dated January 20, 2009



E10 600 Highway 7E and 9009 Leslie Street

Part of PIN 03125-0129 (LT), Part Lot 11, Concession 3, RH (MKM) designated as Parts 1, 2, 3 & 4 on draft Plan L12-010690 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E11 650 Highway 7E Part of PIN 03125-0186 (LT)




Part Blocks 1 and 7, Plan 65M - 2287 and Part Lot 11, Concession 3 RH (MKM) designated as Parts 5, 6, 7, 8, 9, 10, 11, 12 & 13 on draft Plan L12-010690 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E12 255 East Beaver Creek Road


E13 2830 Highway 7 Part of PIN 03046-0070 (LT), Part Lot 11, Concession 3, MKM (MKM) designated as Part 24 on draft Plan L12-010682 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E15 N.S. Highway 7 Part of PIN 03034-0101 (LT), Part Block 3, Plan 65M-2503 designated as Part 8 on draft Plan L12-010686 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E16, E17

N.S. Highway 7 Part of PIN 03034-0113 (LT), Part Block 5, Plan 65M-2503 designated as Part 9 on draft Plan L12-010686 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

E19 3105-3175 Highway 7

Part of PIN 03032-0207 (LT), Part Lot 10, Concession 4 MKM (MKM) designated as Parts 12 & 13 on draft Plan L12-010684 prepared by Lloyd & Purcell Ltd. dated January 20, 2009

2. The Commissioner of Corporate Services be authorized to serve and publish Notice

of Application as required by the Expropriations Act. 3. The Commissioner of Corporate Services be authorized to forward to the Chief

Inquiry Officer any requests for a Hearing of Necessity that may be received and conduct such Hearings as may proceed pursuant to the provisions of the Expropriations Act, .

4. The Regional Council, as approving authority, approve of the expropriation of the

lands described in Recommendation 1, provided there is no Hearing of Necessity and subject to confirmation of funding as set out in this report .

5. If approval to expropriate the lands is given, the Manager, Realty Services be

authorized to execute and serve any notices required by the Expropriations Act. 6. The lands being expropriated and required for road purposes be dedicated as a

common and public highway.



7. Authority be granted for the introduction of the necessary bills in Council to give effect to the foregoing.

8. The purpose of the limited interests be to facilitate construction and maintenance as

more particularly described in Council Attachment 2.

2. PURPOSE The purpose of this report is to obtain Council’s approval to expropriate the required land from owners along Highway 7 (H3) in the Town of Markham and the Town of Richmond Hill in order to implement certain road and intersection improvements and to provide designated lanes for the Viva transit system along the corridor (see Council Attachment 1).

3. BACKGROUND

Highway 7 is an important corridor in the vivaNext bus rapid transit network and is scheduled for construction in the fall of 2009 The Region, in order to facilitate bus rapid transit, is undertaking improvements to the road infrastructure and the construction of dedicated lanes for Viva buses along Highway 7 between Yonge Street and through Markham Centre to Kennedy Road in the Town of Markham and the Town of Richmond Hill. The additional width will allow for designated east and west lanes for the Viva buses, streetscaping and boulevards. The Region plans to have the construction of this project underway by fall 2009. Although property acquisition negotiations are currently being carried out, it might be necessary to expropriate some real estate interests from those parties where acquisition cannot be achieved through the negotiation process in order to meet the construction timetable. Environmental assessment approved This project received environmental assessment approval from the Province in 2006.

4. ANALYSIS AND OPTIONS

The expropriation process must commence to ensure a fall 2009 construction start In order to ensure the project is not delayed, it is necessary to enable the expropriation process.



The next step in the process is to authorize the issuance of Notices of Application for Approval to Expropriate. The issuance of the Notices will not create any legal obligations for the Region. There is no obligation in law for the Region to proceed to Expropriate. The Notices allow owners to decide either to continue negotiations or to request a Hearing of Necessity. The Hearing of Necessity provides Council with an independent third party view of the justification for the acquisition. Following the determinations of the Hearing of Necessity, the Region will have an opportunity to decide on whether to proceed with the filing of Plans of Expropriation and actually take lands. Council will make the final decisions regarding completing the program. The issuance of the Notices of Application this winter will protect the timeline to commence construction in the fall of 2009. Failure to deliver the Notices this winter will result in the loss of a 2009 construction start. Offers of compensation must be made under Section 25 of the Expropriations Act to all owners listed on the reference plans. These offers must be made within 90 days of registration of the expropriation plans and prior to taking possession of the land. The reference plans necessary for expropriation are being finalized The full buyout properties can be acquired without reference plans. The properties affected by partial takings require reference plans which are in the process of being finalized. Sketches of the anticipated takings will be available at Committee.

5. FINANCIAL IMPLICATIONS Implementation of vivaNext, including Highway 7, has been recommended by Metrolinx and confirmation of provincial funding is anticipated On November 28, 2008 Metrolinx announced their recommendation that vivaNext be part of a five year rapid transit capital programme with construction commencing in 2009/10. The funds required to complete the property acquisitions for this project have been identified as part of vivaNext’s budget submissions to Metrolinx. Funding for the project is expected to be confirmed as part of the Provincial budget in March 2009. Offers tendered to land owners will be conditional on York Region’s approval and confirmation of funding eligibility by the Province. Should such confirmation not be forthcoming, staff will report back to Council for further direction at that time.



6. LOCAL MUNICIPAL IMPACT The construction of dedicated lanes along Highway 7 for Viva buses will integrate improved public transit facilities, improving and enriching streetscapes to support the Region’s goal for higher density mixed use transit oriented development in accordance with approved official plans.

7. CONCLUSION Construction of vivaNext on Highway 7 between Yonge Street and through Markham Centre to Kennedy Road in the Town of Markham and the Town of Richmond Hill is scheduled to commence in the fall of 2009. The purpose of this report is to obtain Council’s approval to expropriate the required land from owners along Highway 7 in order to implement road and intersection improvements and to provide designated lanes for the Viva transit system. This project is recommended by Metrolinx and funding is expected to be confirmed as part of the Provincial budget in March 2009. In order to ensure the project is not delayed, it is necessary to proceed with expropriation however this does not preclude the owner from entering into a negotiated agreement with the Region. The issuance of Expropriation Notices will not create any legal obligations for the Region to proceed to Expropriate. For more information on this report, please contact Paul J. Roberts, Manager, Realty Services at Ext. 1424.

Respectfully submitted, January 15, 2009 B. Fisch Newmarket, Ontario Chair (Report No. 2 of the Rapid Transit Public/Private Partnership Steering Committee was adopted without amendment, by the Council of The Regional Municipality of York at its meeting on January 22, 2009.)

Bayview Avenue

Leslie Street

Highway 404

Woodbine Avenue

Warden Avenue

Highway 407

Highway 7

LOCATION PLANExpropriation of LandH3 - Highway 7, Project 90773Town of Markham

Produced by: GeomaticsPlanning and Development Services Department© Copyright, The Regional Municipality of York,

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Property Services

Attachment 1

Council Attachment 2

EXPROPRIATION OF LAND HIGHWAY 7, VIVA PROJECT 90773

TOWN OF MARKHAM AND TOWN OF RICHMOND HILL Description of the Three Year Temporary Limited Interest/Easement a three year temporary easement and/or right in the nature of a three year temporary easement in, over, along and upon the lands described herein for the municipal 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 the lands to the limit of the reconstruction of Highway 7 and works ancillary thereto. Description of the Permanent Limited Interest/Easement a permanent easement and/or right in the nature of a permanent easement in, over, along and upon the lands described herein for the municipal purpose of entering on the lands with all vehicles, machinery, workmen and other material to construct and maintain retaining walls and works ancillary thereto.

Documents

THE REGIONAL MUNICIPALITY OF YORKarchives.york.ca/councilcommitteearchives/pdf/rpt 2-2.pdf · The Council of The Regional Municipality of York on January 22, ... Ref No. Address ;