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:

  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;

  2. That the decision and reasons of the Council of the Regional Corporation to approve the expropriation, attached hereto as Schedule ‘B’, be served upon the parties to the inquiry and the Inquiry Officer;

  3. That the Regional Clerk is hereby authorized and directed to sign and execute on behalf of the Council 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 of this by-law;

  4. That a plan of expropriation be prepared and registered in the proper land registry office;

  5. That a Notice of Expropriation be served upon the registered owners, together with a Notice of Election form as to the date of assessment of compensation and a Notice of Possession requiring possession of the lands at least three months after the date of service;

  6. That an appraisal report of the market value of the expropriated lands and, if applicable, damages for injurious affection, be obtained;

  7. That an offer of full compensation and an offer for immediate payment of 100% of the market value of the expropriated lands as estimated by the expropriating authority, all in accordance with section 25 of the Expropriations Act, be served, together with a copy of the appraisal report;

  8. That compensation be paid to owners following the acceptance of the offer made pursuant to section 25 of the Expropriations Act;

  9. That all necessary steps be taken to obtain possession of the lands.



READ THREE TIMES AND PASSED IN OPEN COUNCIL this 26th day of April, 2012.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law Number 40-2012

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
   
 

___________________________
Carol Reid, Regional Clerk

Schedule "B" to By-law Number 40-2012

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 Landowners

Victor 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 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 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:

  1. The objective of the Regional Municipality of Peel is to widen and improve Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and to undertake works ancillary thereto.

  2. The Regional Municipality is taking steps to enhance municipal transportation and other infrastructure required to safely accommodate long-term development and population growth throughout the Regional Municipality.

  3. The lands described in the application were identified by the Regional Municipality as being necessary for current and future enhancements to municipal transportation and other infrastructure. These enhancements will be required in order to safely accommodate the needs of a rapidly-developing area of the Regional Municipality.

  4. The Report of the Inquiry Officer contains the finding that the proposed acquisition of the modified and reduced portion of the lands described in the application is fair, sound and reasonably necessary to the achievement of the objectives of the Regional Municipality.

  5. To date, attempts by the Regional Municipality to acquire the lands described in the application by means of amicable negotiations with the owners of these lands have been unsuccessful. Further delay with respect to the acquisition of the modified and reduced property interests may adversely affect the Regional Municipality’s ability to achieve its objectives.


DATED at Brampton this day of _____________, 2012.

 

  COUNCIL FOR THE REGIONAL MUNICIPALITY OF PEEL
   
 

___________________________
Carol Reid, Regional Clerk