City Council brompton.co Flower City The Corporation of the City of Brampton BRAMPTON CITY COUNCIL DATE: SEP I 5 2UI0

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1 tl BRAMPTON Report City Council brompton.co Flower City The Corporation of the City of Brampton Date: August 27,2010 File: L15.Ching BRAMPTON CTY COUNCL DATE: SEP 5 2U0 Subject: Contact: Approval to Expropriate for the widening of Chinguacousy Road between Bovaird Drive to Steeles Avenue, from Ontario Limited, Southwest Corner of Queen Street West and Chinguacousy Road, Ward 6 Kare n Pfuetzner, Legal Counsel, Legal Services Division, Corporate Services Department, Overview: At its meeting of May 28, 2008, City Council passed a by-law to authorize the expropriation of certain lands and easements for the w idening of Chinguacousy Road. All the Notices required by the Expropriations Act have been sent to those persons with an interest in the lands and any owners or registered owners of properties for which approval is being sought herein. The notice period for those served will expire on September 15, 2010, and the recommendations herein, are therefore, conditional on there being no requests for nquiry under Section 6(2) of the Expropriations Act. The Road Capital Program indicates the funding year for construction to be n order to not delay the construction schedule this report recommends that Council enact a by-law to approve the expropriation of the lands on the condition that there are no requests for nquiry at the end of the notice period. Recommendations: 1. That th e report from Karen Pfuetzner, Legal Counsel, Corporate Services Department, dated August 27, 201 0, re Approval to Expropriate for the widening of Chinguacousy Road between Bovaird Drive to Steeles Avenue, from Ontario Limited, Southwest Corner of Queen Street West and Chinguacousy Road, be received; and,

2 2. That a by-law be passed approving the expropriation of the lands described in Schedule "A" hereto and to authorize the Mayor and Clerk to execute, serve and where appropriate to register on behalf of The Corporation of the City of Brampton as approving authority, all notices, plans, reasons for the decision to approve the expropriation, certificates and other documents and forms required by the Expropriations Act, R.S.O. 1990, c.e26, as amended, in a form approved by the City Solicitor, in order to complete the expropriation of the said lands, on condition that there are no requests for nquiry under Section 6(2) of the Expropriations Act. Background: At its meeting of May 28, 2008 City Council considered a report from A. Pritchard, Manager, Realty Services, authorizing staff to commence expropriation proceedings in relation to the widening of Chinguacousy Road from Bovaird Drive to Steeles Avenue to six lanes. The Region of Peel had advised that the widening of Queen Street West to six lanes at QueenlChinguacousy would not be expected for 20 years. n light of this the description of the property rights to be expropriated were amended to reduce the requirement from six lanes to four lanes on Queen Street West. The reduction in the Region's requirements only affected the properties owned by Ont,ario Limited (the "Owner") along the south side of Queen Street West, west of Chinguacousy Road. n accordance with normal practice, expropriation notices have not been served on developer-owners where development is imminent. However, the Owner purchased the property at the southwest corner of Queen Street West and Chinguacousy Road in 2009 from the previous developer-owner, Forecast (Brampton 1) nc. nitial requests of nominal conveyance by pre-dedication from Forecast, and then subsequent negotiations with the Owner, did not result in an agreement of purchase and sale. The widening of Chinguacousy Road in 2011 is required so that subdivision developments to the west of Chinguacousy Road will not be delayed. Since there was no opportunity to obtain the required property rights in a timely manner through the development process Council approved the commencement of the expropriation process in parallel with negotiations with the Owner. By its enactment of By-law (as amended by By-laws and ), Council authorized the expropriation of the Owner's property rights. 2

3 The notices required by the Expropriations Act were served on all those parties with an interest in the property and an advertisement was placed in the Brampton Guardian for three consecutive weeks, as required by the Expropriations Act. Under the Expropriations Actthe time limit prescribed for those who have been served with a notice to request an nquiry is thirty (30) days. f the City does not receive any requests for an nquiry within the thirty (30) day notice period, Council will be in a position to enact a by-law to approve the expropriation of the required lands described in Schedule "A" and shown in Schedule "B". 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 for the purpose of determining market value of the lands taken and damages for injurious affection, if any. Financing: Funding required for the expropriation of land for the Chinguacousy Road widening is available from approved land acquisition capital accounts. Conclusion: At its meeting held on May 28, 2008, Council authorized an application by The Corporation of the City of Brampton to commence expropriation proceedings for the purpose of widening Chinguacousy Road. Council is now being asked to enact a bylaw to approve the expropriation of the required lands on the condition that there are no requests for nquiry within the 30 day notice period, ending on September 15, 2010, so that the expropriation may be completed in a timely manner and the construction schedule is maintained. Colin Grant City Solicitor Commissioner, Works and Transportation Commissioner, Buildings and Property Management 3

4 Appendices: Schedule "A" Schedule "B" Report authored by: Karen Pfuetzner, Legal Counsel, Corporate Services Department 4

5 Schedule"A" Summary of Property nterests to be Expropriated in Connection with the Chinguacousy Road Widening at the Southwest Corner of Queen Street West and Chinguacousy Road Property Owner Name Property Property rights Land area required and mailing address Description (address, PN, Legal Descr.) required (m2) Ontario 1049 Queen Street Limited., West 151 Spinnaker Way, Suite 5 Fee 91.6 Concord, Ontario *Part 1 **Temp Grading 60.9 L4K4C3 *Part Ontario 1035 Queen Street Limited., West 151 Spinnaker Way, Suite 5 Fee Concord, Ontario *Part 2 **Temp Grading 85.3 L4K4C3 *Part Ontario Limited., 151 Spinnaker Way, Suite 5 Concord, Ontario L4K4C3 sm Corner of Queen Street west and Chinguacousy Road *Parts 3, 20, 21, 22, 23,24 & 25 *Parts 6,7,8,9,16,17, 18 & 19 Fee **Temp Grading **Part 7,13 and 14 Permanent Hydro Easement

6 *These Parts are shown on Reference Plan, 43R-33352, by David B. Searles Surveying Ltd., on Schedule "B". **The temporary grading easements are to allow access to the subject lands with workers, material and equipment for the purpose of regrading, 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 Chinguacousy Road between Steeles Avenue West and the Canadian National rail tracks as certified by the City of Brampton Commissioner of Works and Transportation for five years. 6

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