HS-f. Ann Pritchard, Manager of Realty Services, Buildings and Property Management,

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1 bramptonca BRAMPTON Flower City HS-f Report Committee of Council Committee of the Council of The Corporation of the City of Brampton Date: December 10, 2012 COMMITTEE OF COUNCIL File: AR PATF- Jcmuft^ 2a>,2o/2? Subject: Contact: Approval to Expropriate for the Widening of Castlemore Road between Goreway Drive and McVean Drive, from Debra Chang, 3744 Castlemore Road, Ward 10 Ann Pritchard, Manager of Realty Services, Buildings and Property Management, 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.

2 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 , 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.

3 Hs-a Conclusion: Approval to expropriate can be granted for the owner identified on Schedule "A" and Schedule "B". Original signed by Original signed by Ann Pritchard Manager, Realty Services Buildings and Property Management Julian pattesc/n/ Commissioner 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

4 HS-4 Schedule A Summary of Property Interests to be expropriated In connection with the Castlemore Road project Between Goreway Drive and McVean Drive Property Owner Name and Mailing Address Property Description (Address, Parent PIN, Legal description) Property Rights Required Area Required (m2) Debra Chang 3744 Castlemore Road 3744 Castlemore Road (LT) Brampton, On Part Lot 11 Con 8 ND Toronto Gore, L6P 0W7 as in R ; Brampton *Part 1 on R-Plan 43R Fee *Part 2 on R-Plan 43R "Temporary 5 year 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.

5 HS-S Schedule B Reference Plan 43R PLAN 43R-3<4Sio flfe* auhc* Vtmv - c m MAT Of HltJ-WlftT) PLAN M-*287 & I [ P:-AN W-325 /, PLAN OF SURVEY OF M,v - I (PART io«/ PART OF LOT 11 I>IAN 43R-76I9 ' CONCESSION 8 NORTHERN DIVISION (GEOGRAPHIC TOWNSHIP Of TORONTO GORE. COUNTY Of PEEL) (tuaacnc) / PlH H2l7-OI?^lTl M(LT) / BLOCK 88 (""" <»* as CASTLEMORE ROAD now in the CITY OF BRAMPTON RECIONAL MUNICIPALITY OF PEEL SCM t:iooo David BSearie* Survejluc Ltd. BEARING NOTE KAMCt *«Mi KKCM M Emma *mn SC 0*3MQSM DOlANOS BKMI to cm (Bunas ir iwuviime iv a cohomo scau r INTEGRATION NOTE ycorao ccnuhl pout*»m icm i». airout mwm war mi lewannc hao u (cmcmjo COCMCMATLS «NC TO Mi URBAM ACCURACY A3 PO* K (Z) V CMT WM»t/IS Kvna won usme, 5SSS N 4MT«STK» t MM*Q*» r imti am «oi ro<a uux3 cmjmx ww» m»*a cr m nj«coordinates CANNOT, IN THEMSELVES. BE USED TO RE-ESTABUSH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN SURVEYOR'S CERTIFICATE r. mo «imc nut act mm mouudons u 1 «**wr ms cowpincd on m two auaiet """" kno«. as CASTLEMORE S4nu,i ^ ROAD s? ooaxs c bakn Mwrneira. " CMTOO PUN U-3JJ KMKCS HM >tsiu David B^carlcs Surroyin* Ltd. T <*a) t»-«mo r«cms) X2-\wum*\toma imthiiwb «tw I a lm * -&}&(>%

6 HS-fc 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 , 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 , 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, Approved as Approved as to form to content SUSAN FENNELL MAYOR Law Dept. BPM Dept. JUL ^Alj PETER FAY CLERK

7 HS-1 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 (LT) Brampton, On Part Lot 11 Con 8 ND Toronto Gore, L6P 0W7 as in R ; Brampton Part 1 on R-Plan 43R Fee Part 2 on R-Plan 43R Temporary year Grading Easement