THE REGIONAL MUNICIPALITY OF PEEL
BY-LAW NUMBER 79-95
A by-law to approve the expropriation of the land being part of Lot 5, Concession 1, North of Dundas Street in the City of Mississauga (formerly in the Township of Toronto) in the Regional Municipality of Peel (formerly in the County of Peel), being Parts 3 and 4 on Plan 43R-19914 and the taking of all steps necessary to obtain the possession of those lands.
WHEREAS the Council of the Regional Corporation has by Resolution adopted on the 28th day of September 1995 authorized the approval of the expropriation of the above described lands;
NOW THEREFORE the Council of the Regional Corporation hereby enacts as follows:
1. The expropriation of the above mentioned lands, more particularly described in the Certificate of Approval attached hereto as Schedule "A" to this by-law is hereby approved for the written reasons attached hereto as Schedule "B" to this by-law;
2. That a plan of expropriation be prepared and registered in the proper land registry office;
3. That a Notice of Expropriation be served upon the registered owner, together with a form of Notice of Election as to the date of assessment of compensation;
4. That an appraisal report of the market value of the lands and the damages for injurious affection, if any, be obtained;
5. That an offer of an amount in full compensation and an offer for immediate payment of 100% of market value based upon the appraisal report be served, together with a copy of the appraisal report;
6. That a notice requiring possession of the land be served requiring possession three months after the date of service;
7. That the Regional Clerk is hereby authorized and directed to sign and execute on behalf of the Regional Corporation and affix the corporate seal to the Certificate of Approval attached hereto as Schedule "A" and all other notices and documents which are necessary to carry out the provisions to this by-law.
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 28th, September 1995.
Regional Clerk, Regional Chair
Expropriations Act
Schedule "A"
CERTIFICATE OF APPROVAL IN
THE MATTER OF AN APPLICATION BY
The Regional Municipality of Peel (expropriating
authority)
For approval to expropriate land being Part
of Lot 5, Concession 1, North of Dundas Street, in the City of Mississauga (formerly
Township of Toronto) in the Regional Municipality of Peel (formerly County of
Peel).
For the purpose of the reconstruction of Dixie
Road to a six lane urban roadway, with right and left turn lanes to be constructed
at all major intersections and the building of a storm sewer system along each
side of the roadway, utilizing the existing storm sewer outlets.
The Council of the Regional Municipality of
Peel hereby certifies that approval was given to (name of approving authority)
The Regional Municipality of Peel (name of expropriating
authority)
on the 28th day of September 1995 to expropriate
the following lands:
Part of Lot 5, Concession 1, North of Dundas
Street, in the City of Mississauga, Regional Municipality of Peel (formerly
Township of Toronto, County of Peel) and designated as Parts 3 and 4 on Reference
Plan 43R-19914. Being the lands described in the application.
The Regional Municipality of Peel (name of approving
authority)
Bonnie Zeran, Regional Clerk (signature of
approving authority)
Dated at Brampton, this day of,1995.
Schedule "B"
IN THE MATTER OF AN APPLICATION FOR APPROVAL
TO EXPROPRIATE LANDS AT 3661 DIXIE ROAD, MISSISSAUGA, ONTARIO, L4Y 2B3, WARD
#3
OWNED BY: DOMENICO AND DOMENICA CRISTIANO
AND IN THE MATTER OF THE CONSIDERATION OF THE
REPORT OF THE INQUIRY OFFICER UNDER SECTION 8 OF THE EXPROPRIATIONS ACT, R.S.O.,
1990, CHAPTER E.26 (THE "ACT")
Reasons for the Decision to Approve the Expropriation
Under By-law 95-371, Regional Council authorized
an application for approval to expropriate the subject lands being Part of Lot
5, Concession 1, North of Dundas Street, in the City of Mississauga, Regional
Municipality of Peel (formerly Township of Toronto, County of Peel) and designated
as Parts 3 and 4 on Reference Plan 43R-19914. The lands were required for the
purpose of the reconstruction of Dixie Road to a six lane urban roadway, with
right and left turn lanes to be constructed at all major intersections and the
building of a storm sewer system along each side of the roadway, utilizing the
existing storm sewer outlets. On Thursday, the 28th day of September 1995, the
approving authority, the Council of the Regional Municipality of Peel received
and considered the report of the Commissioner of Corporate Services and Regional
Solicitor. The Council of the Regional Corporation has approved the expropriation
for the reason that the taking is fair, sound and reasonably necessary to meet
the objectives of the applicant being the purpose for the taking mentioned above.
Adopted by Regional Council on the 28 September
1995.