WHEREAS, the Council of the Regional Corporation enacted By-law Number 5-2013 on January 10, 2013 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 May 8, 2013;

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 Council of the Regional Corporation has by resolution passed on June 27, 2013 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 27^th day of June, 2013.

The Regional Municipality of Peel

for approval to expropriate land being:

Part of Lot 17, Concession 5 East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1 and 2 on Reference Plan 43R-34958.

Located on the south side of Mayfield Road, east of Bramalea Road, City of Brampton, Ontario.

For the purpose of the widening of Mayfield Road from Bramalea Road to Airport Road in the City of Brampton and the Town of Caledon 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 27th day of June, 2013 to expropriate the following lands:

Fee Simple

The fee simple interest in the lands described as Part of Lot 17, Concession 5 East 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-34958.

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 17, Concession 5 East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-34958, for purposes to construct, install, operate, maintain, inspect, alter, remove, replace, reconstruct, enlarge and repair drainage ditches, culverts, headwalls and/or retaining walls and related appurtenances and sideslopes and grading appurtenant to Mayfield Road.

Dated at Brampton this ______________day of _____________, 2013.

To:

	MANLEY OSTAS 70 Strawberry Hill Court Bolton, Ontario L7E 2M4	DAVID R. VINE 80 Richmond Street West Suite 1604 Toronto, ON M5H 2A4
	Landowner	Inquiry Officer
	ERMIONI OSTAS 70 Strawberry Hill Court Bolton, Ontario L7E 2M4
	Landowner

N 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 17, Concession 5 East 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-34958.

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 17, Concession 5 East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-34958, for purposes to construct, install, operate, maintain, inspect, alter, remove, replace, reconstruct, enlarge and repair drainage ditches, culverts, headwalls and/or retaining walls and related appurtenances and sideslopes and grading appertunant to Mayfield Road.

AND IN THE MATTER OF a Hearing of Necessity having taken place on May 8, 2013, at the hour of 9:30 a.m. in the forenoon, at the Region of Peel, 10 Peel Centre Drive, Brampton, Ontario.

AND IN THE MATTER OF a Report of the Inquiry Officer, David Vine, issued at Toronto on the 24th day of May, 2013.

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 27^th day of June, 2013, approval to expropriate the following lands:

Fee Simple

The fee simple interest in the lands described as Part of Lot 17, Concession 5 East 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-34958.

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 17, Concession 5 East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-34958, for purposes to construct, install, operate, maintain, inspect, alter, remove, replace, reconstruct, enlarge and repair drainage ditches, culverts, headwalls and/or retaining walls and related appurtenances and sideslopes and grading appertunant to Mayfield Road.

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 Mayfield Road 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 _________, 2013.

COUNCIL FOR THE REGIONAL MUNICIPALITY OF PEEL