THE REGIONAL MUNICIPALITY OF PEEL |
BY-LAW NUMBER 40-2012 |
A by-law to approve the expropriation of land being Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-34475. |
WHEREAS, the Council of the Regional Corporation enacted By-law Number 150-2011 on October 13, 2011 authorizing commencement of the expropriation of lands for the purposes set out therein;
AND WHEREAS an inquiry into the fairness, soundness and reasonable necessity of the proposed expropriation took place on February 28, 2012;
AND WHEREAS the Council of the Regional Corporation has considered the Report of the Inquiry Officer;
AND WHEREAS the Regional Corporation now seeks approval of the expropriation of the above-described lands;
AND WHEREAS the lands for which the Regional Corporation now seeks approval to expropriate have been modified from those described in By-law Number 150-2011;
AND WHEREAS the Council of the Regional Corporation has by resolution passed on April 26, 2012 authorized the approval of the expropriation of the above-described lands;
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 26th day of April, 2012.
C.Reid ________________________ Regional Clerk |
E. Kolb ______________________ Regional Chair |
CERTIFICATE OF APPROVAL
Expropriations Act
IN THE MATTER OF the proposed expropriation of land by
The Regional Municipality of Peel
for approval to expropriate land being:
Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9 on Reference Plan 43R-34333.
Located on the south side of Queen Street West, east of Creditview Road.
for the purpose of the widening and improvement of Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and for works ancillary thereto.
The Council of The Regional Municipality of Peel hereby certifies that approval was given to The Regional Municipality of Peel on the 26th day of April, 2012 to expropriate the following lands:
Fee Simple
The fee simple interest in the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-34475.
being the lands described in the application, with modifications.
Dated at Brampton this day of _____________, 2012.
The Regional Municipality of Peel | |
___________________________ |
DECISION AND REASONS
FOR APPROVAL TO EXPROPRIATE LAND
Expropriations Act
To:
Peter Post
1347 Queen Street West
Brampton, Ontario
L6Y 0B7
Landowner
Teena Post
1347 Queen Street West
Brampton, Ontario
L6Y 0B7
Landowner
Sean Gosnell / Isaac Tang
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Counsel for the LandownersVictor L. Freidin, Q.C.
Suite 705
100 Adelaide Street West
Toronto, Ontario
M5H 1S3
Inquiry Officer
IN THE MATTER OF an application by The Regional Municipality of Peel for approval to expropriate land, being:
Fee Simple
The fee simple interest in the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 1 on draft reference plan 90-47-10 prepared by David B. Searles Surveying Ltd.
Temporary Easement
A temporary easement or rights in the nature of a temporary easement for a period of four years commencing on registration of the plan of expropriation on, over, under and through the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 3, 4, 7 and 8 on draft reference plan 90-47-10 prepared by David B. Searles Surveying Ltd., for the purpose of entering upon and occupying the land with all necessary vehicles, machinery, equipment and material required to facilitate the widening and improving of Queen Street West, grading and other works ancillary thereto.
Permanent Easement
A permanent easement or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 2, 3, 5, 6 and 7 on draft reference plan 90-47-10 prepared by David B. Searles Surveying Ltd., for the purpose of constructing road works, including the accommodation, construction, installation, operation, maintenance, inspection, alteration, removal, replacement, reconstruction, relocation, enlargement or repair of electricity transmission/distribution line or lines, and all related appurtenances and accessories thereto.
Permanent Easement
A permanent easement or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 6, 7, 8 and 9 on draft reference plan 90-47-10 prepared by David B. Searles Surveying Ltd., for the purpose of constructing road works, including the accommodation, construction, installation, operation, maintenance, inspection, alteration, removal, replacement, reconstruction, relocation, enlargement or repair of pole support wires, down guys and anchors to overhead lines of electrical power and service, including telecommunications facilities forming a part thereof, and all related appurtenances and accessories thereto.
for the purpose of the widening and improvement of Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and for works ancillary thereto.
AND IN THE MATTER OF a Hearing of Necessity having taken place on Tuesday, February 28, 2012, at the hour of 10:00 am. in the forenoon, in the Fletcher Creek Room, Holiday Inn Toronto-Brampton Hotel and Conference Centre, 30 Peel Centre Drive, Brampton, Ontario.
AND IN THE MATTER OF a Report of the Inquiry Officer, Victor L. Freidin, Q.C., issued at Toronto on the 29th day of February, 2012.
The Council of The Regional Municipality of Peel has received the Report of the Inquiry Officer and has considered the recommendations contained therein as well as the findings of facts comprising the basis of said recommendations.
The Council of The Regional Municipality of Peel has granted to The Regional Municipality of Peel, on the 26th day of April, 2012, approval to expropriate the following lands:
Fee SimpleThe fee simple interest in the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan43R-34475, being a modified and reduced portion of the lands described in the application.
The Council of The Regional Municipality of Peel approved the expropriation of the above-noted lands for the following reasons:
DATED at Brampton this day of _____________, 2012.
COUNCIL FOR THE REGIONAL MUNICIPALITY OF PEEL | |
___________________________ |