HS-f ReportBRAMPTON

Committee of Council Committee of the Council ofbramptonca Flower City

The Corporation of the City of Brampton

Date: December 10, 2012 COMMITTEE OF COUNCIL

PATF- Jcmuft^ 2a>,2o/2? File: AR-03-1003

Subject: Approval to Expropriate for the Widening of Castlemore Road between Goreway Drive and McVean Drive, from Debra Chang, 3744 Castlemore Road, Ward 10

Contact: Ann Pritchard, Manager of Realty Services, Buildings and Property Management, 905-874-2131

Overview:

• At its meetings of November 30, 2011, City Council passed a by-law to authorize the commencement of procedures to expropriate certain lands and an easement for the widening of Castlemore Road.

• All of the Notices required by the Expropriations Act have been sent to those persons with an interest in the lands and none of the parties served with Notices required an Inquiry under Section 6(2) of the Expropriations Act.

• Council is now in a position to enact a by-law to approve the expropriation of the required lands set out in Schedule "A" and Schedule "B".

Recommendations:

1. That the report from Ann Pritchard, Manager of Realty Services, Buildings and Property Management Department, dated December 10, 2012, to the Committee of Council meeting of January 23, 2013, re: Approval to Expropriate for the Widening of Castlemore Road between Goreway Drive and McVean Drive, from Debra Chang, 3744 Castlemore Road, Ward 10, be received; and

2. That a by-law be enacted to approve the expropriation of the property listed in the attached Schedule "A"; and

3. That the Mayor and City Clerk, or their delegated authority, as the case may be, be authorized to execute all documents, and the Mayor and City Clerk execute, serve, publish and register on behalf of The Corporation of the City of Brampton, all notices, plans, reasons for the decision to approve the expropriation, certificates and other documents and forms required by the Expropriations Act, RSO 1990, c.E.26, as amended, in order to effect the expropriation or acquisition of the said property rights, based on terms and conditions acceptable to the Commissioner of Works and Transportation, and in a form acceptable to the City Solicitor.

Background:

At its meeting of November 30th, 2011, City Council considered a report by Ann Pritchard, Manager, Realty Services, Buildings and Property Management, advising of plans to widen Castlemore Road to six lanes from Goreway Drive to McVean Drive. The report identified a total of one property from which lands and/or an interest in land would be required in order to permit the road widening project to proceed.

By its enactment of By-law 324-2011, Council authorized staff to initiate expropriation procedures. The notices required by the Expropriations Act were served on the property owner and all those persons with an interest in the properties and an advertisement was placed in the Brampton Guardian for three consecutive weeks.

The property owner had requested an Inquiry under Section 6(2) of the Expropriations Act but later withdrawn that request.

Current Situation:

Accordingly, Council is now in a position to enact a by-law to approve the expropriation of the required lands listed in Schedule "A". City Staff will then proceed to cause the registration of the plans of expropriation and the preparation of appraisals pursuant to Section 25 of the Expropriations Act tor the purpose of determining market value of the lands taken and damages for injurious affection, if any.

Corporate Implications:

Works and Transportation - is in agreement with obtaining approval to expropriate the property interests listed in Schedule "A" and Schedule "B".

Corporate Services - Legal Services is in agreement with this report

Finance - previously advised in the staff report to the Committee of Council on November 23, 2011, that funding required for the negotiated or expropriated acquisitions for the Castlemore Road widening project is to be provided from Works and Transportation Approved Capital Project - Land Acquisitions.

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Conclusion:

Approval to expropriate can be granted for the owner identified on Schedule "A" and Schedule "B".

Original signed byOriginal signed by

Ann Pritchard Julian pattesc/n/ Manager, Realty Services Commissioner

Buildings and Property Management Buildings and Property Management

Appendices:

Schedule A - Summary of property interests to be expropriated in connection with the Castlemore Road Widening Project between Goreway Drive and McVean Drive

Schedule B - Reference Plan 43R-34510

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Schedule A

Summary of Property Interests to be expropriated In connection with the Castlemore Road project

Between Goreway Drive and McVean Drive

Area RequiredProperty Description (Address, Parent Property RightsProperty Owner (m2)

PIN, Legal description) RequiredName and Mailing Address

Debra Chang 3744 Castlemore Road

3744 Castlemore Road 14217-0071 (LT) Brampton, On Part Lot 11 Con 8 ND Toronto Gore,

L6P 0W7 as in R0745463; Brampton

*Part 1 on R-Plan 43R-34510 Fee 376.8

*Part 2 on R-Plan 43R-34510 "Temporary 5 year 366.5

Grading Easement

*These Parts are shown on Reference Plan, 43R-34510, by David B. Searles Surveying Ltd., on Schedule "B".

**The temporary grading easement is to allow access to the subject lands with workers, material and equipment for the purpose of re-grading, shaping, drainage and restoration works on the subject lands for a time period running from the date of registration of the expropriation plan until the date of completion of the widening of Castlemore Road between Goreway Drive and McVean Drive as certified by the City of Brampton Commissioner of Works and Transportation for five (5) years.

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Schedule B

Reference Plan 43R-34510

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THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW

Sumber

To approve the expropriation of certain lands for the widening of Castlemore Road between Goreway Drive and McVean Drive from Debra Chang

WHEREAS the Council of The Corporation of the City of Brampton, at its meeting of November 30, 2011, enacted By-law 324-2011, to authorize the expropriation of certain lands and interest in land for the widening of Castlemore Road;

AND WHEREAS notice of Council's intention to expropriate the said lands were served on all persons with an interest in the lands and in accordance with the provisions of the ExpropriationsAct, R.S.0.1990, C.E26, as amended;

AND WHEREAS none of the persons with an interest in the lands as identified in Schedule "A" to this By-law required a Hearing of Necessity under the provisions of the Expropriations Act,

AND WHEREAS the City of Brampton has been unable to reach an agreement with the owners of the Lands to convey the necessary interests required to meet the objectives of the expropriating authority.

NOW THEREFORE the Council of The Corporation of the City of Brampton ENACTS AS FOLLOWS:

1. The expropriation of the lands in the City of Brampton described in Schedule "A" to this by-law for the purpose of widening Castlemore Road between Goreway Drive and McVean Drive from Debra Chang is hereby approved; and

2. That the Mayor and City Clerk, or their delegated authority, as the case may be, be authorized to execute all documents, and the Mayor and the City Clerk be authorized to execute, serve and publish on behalf of The Corporation of the City of Brampton, all notices, applications, advertisements and other documents required by the Expropriations Act, R.S.O. 1990, c.E.26, as amended, in order to effect the expropriation or acquisition of the said property rights, based on terms and conditions acceptable to the Commissioner of Works and Transportation, and in a form acceptable to the City Solicitor.

READ a FIRST, SECOND and THIRD TIME and PASSED in Open Council this 23rd day ofJanuary, 2013.

Approved as Approved as to form to content SUSAN FENNELL MAYOR

Law Dept. BPM Dept.

JUL PETER FAY CLERK^Alj

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Schedule A

Summary of Property Interests to be expropriated

In connection with the Castlemore Road project

Between Goreway Drive and McVean Drive

Property Owner Property Description Property Area Required Name and Mailing (Address, Parent PIN, Legal Rights Required (m2)

Address description)

Debra Chang 3744 Castlemore Road

3744 Castlemore Road 14217-0071 (LT) Brampton, On Part Lot 11 Con 8 ND Toronto Gore,

L6P 0W7 as in R0745463; Brampton

Part 1 on R-Plan 43R-34510 Fee 376.8

Part 2 on R-Plan 43R-34510 Temporary 5 366.5

year Grading Easement