BY-LAW NO. AND WHEREAS the Expropriations Act authorizes City Council to expropriate lands for municipal purposes;

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1 63 COMITÉ DES FINANCES ET DU REVISED - Document 1 Draft by-law BY-LAW NO. A by-law of the City of Ottawa to approve the expropriation of property in the City of Ottawa for the purposes of the Combined Sewage Storage Tunnel (the CSST ) project as more particularly described in Schedule 1 to this by-law. WHEREAS Council of the City of Ottawa ( City ) adopted By-law No authorizing the making of an application for approval to expropriate, inter alia, the lands and property interests described in Schedule 1 attached hereto (the Lands ) for the purposes of the Combined Sewage Storage Tunnel (the CSST ) project, including but not limited to, facilitating the construction, operation, maintenance, repair and replacement of CSST infrastructure including two inter-connected concrete lined combined sewage tunnels, associated shafts, flow control/diversion structures, odour control and operational support facilities, and buffer zones, and including temporary working easements thirty (30) months in duration for purposes including but not limited to the storage and removal of excavated materials, debris, construction materials and equipment, and to enter on, under and through the Lands with all vehicles, machinery, workmen and material for construction, excavation, and grading, and all other improvements and works ancillary to the CSST project; AND WHEREAS pursuant to Section 6(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the power of a municipality to acquire land includes the power to expropriate land in accordance with the Expropriations Act, R.S.O. 1990, c. E.26, as amended (hereinafter referred to as the Expropriations Act ); AND WHEREAS the Expropriations Act authorizes City Council to expropriate lands for municipal purposes; AND WHEREAS a Notice of Application for Approval to Expropriate Land for the Lands was served and published, as required by the Expropriations Act; AND WHEREAS the City has been unable to reach an agreement with the registered owner(s) to acquire the Lands;

2 64 COMITÉ DES FINANCES ET DU NOW THEREFORE THE COUNCIL OF THE CITY OF OTTAWA HEREBY ENACTS AS FOLLOWS: 1. THAT approval is hereby granted for the expropriation by the City of Ottawa of the Lands described in Schedule 1 attached to this By-law, for the above described purposes. 2. THAT the City Clerk is hereby authorized to execute on behalf of City Council the Certificate of Approval and the Expropriation Certificate set out on the Expropriation Plan and all other notices and documents which are necessary to carry out the provisions of this By-Law. 3. THAT the City Clerk is hereby authorized to cause the Expropriation Plan to be registered in the Land Registry Office for the Land Titles Division of Ottawa (No. 4) and thereby effect the expropriation of the said Lands. 4. THAT a Notice of Expropriation be served upon the owners of the Lands together with a copy of the Expropriation Plan and a Notice of Election, relating to the date of assessment of compensation. 5. THAT a Notice of Possession be served requiring possession of the Lands at least three months after the date of service of said notice. 6. THAT an appraisal report estimating the market value of the Lands be obtained from an accredited appraiser. 7. THAT an offer of an amount in full compensation for the owners interest in the Lands, and an offer for immediate payment of 100% of market value as estimated by the expropriating authority, all in accordance with s. 25 of the Expropriations Act be served, together with a copy of the appraisal report on which the offer of compensation is based. 8. THAT the City is hereby authorized to enter and take possession of the expropriated lands on the day permitted under the Expropriations Act, or pursuant to any Court Order thereunder, or pursuant to any agreement entered into between the owner(s) and the City. 9. THAT the staff and authorized representatives of the City are authorized and directed to do all things required arising from the authorizations

3 65 COMITÉ DES FINANCES ET DU provided for by this By-law. 10. THAT this By-law comes into force on the day it is passed. ENACTED and PASSED this day of, CITY CLERK MAYOR

4 66 COMITÉ DES FINANCES ET DU SCHEDULE 1 BY-LAW NO All right, title and interest the following Lands: Part of PIN (LT) being full interest in part of PT LTS 19, 20, & 21, PL 30, S/S CATHERINE STREET; PT LTS 19, 20 & 21, PL 30, N/S ISABELLA STREET; PT LTS 13 & 14, PL 30, E/S KENT STREET; ALL BEING PARTS 1 & 4, 5R11360, S/T N486420, S/T THE INTEREST IN CR AS AMENDED BY N335848; OTTAWA/NEPEAN designated as Part 1 on Plan 4R All right, title and subterranean interest in the stratified portion of the following lands: Part of PIN (LT) being a strata interest in part of PT LTS A & 1, PL 3922, N/S SLATER ST, AS IN N612933; OTTAWA/NEPEAN designated as Part 1 on Plan 4R Part of PIN (LT) being a strata interest in part of LT 3, PL 3, W/S KING EDWARD AVE; OTTAWA designated as Part 1 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 22, PL 3, PART 1, 5R9962, S/S BOLTON ST; T/W N739749; OTTAWA designated as Part 3 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 22, PL 3, PART 2 & 3, 5R9962, S/S BOLTON ST; S/T & T/W N593238; OTTAWA designated as Parts 4 and 5 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 22, PL 3, AS IN CR426651, S/S BOLTON ST; T/W CR426651; OTTAWA designated as Part 6 on Plan 4R Part of PINS (LT) through to (LT) inclusive, being a strata interest in part of the common elements on Carleton Condominium Plan No. 440, PT LTS 21 & 22, N/S CATHCART ST, PL 3, PTS 1, 2, & 3 4R6145, AS IN SCHEDULE A OF DECLARATION LT ; OTTAWA designated as Parts 7 and 8 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LTS 21 & 22, PL 3, AS IN N531355, N/S CATHCART ST; T/W N321511, N321512, N321513, N & N ; OTTAWA designated as Part 9 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 21, PL 3, AS IN N432559, N/S CATHCART ST; S/T N & T/W N321511, N321512, N321513, N ; OTTAWA designated as Parts 10 and 11 on Plan 4R-29750

5 67 COMITÉ DES FINANCES ET DU Part of PIN (LT) being a strata interest in part of PT LT 21, PL 3, AS IN N710356, N/S CATHCART ST; S/T N & T/W N321511, N321512, N321514, N & N321516; OTTAWA designated as Parts 12 and 13 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 21, PL 3, AS IN N343003, N/S CATHCART ST; S/T N & & T/W N321513, & N321516; OTTAWA designated as Part 14 on Plan 4R Part of PIN (LT) being a strata interest in part of PART OF LOT 2 ON PLAN 3, WEST SIDE OF KING EDWARD AVENUE, BEING PART 1 ON PLAN 4R ; TOGETHER WITH AN EASEMENT OVER PART OF LOT 2 ON PLAN 3, WEST SIDE OF KING EDWARD AVENUE, BEING PARTS 3 AND 4, ON PLAN 4R AS IN OC ; TOGETHER WITH AN EASEMENT OVER PART OF LOT 2 ON PLAN 3, WEST SIDE OF KING EDWARD AVENUE, BEING PARTS 2, 3, 4, AND 5 ON PLAN 4R AS IN OC ; SUBJECT TO AN EASEMENT OVER PART 1 ON PLAN 4R IN FAVOUR OF PART OF LOT 2 ON PLAN 3, WEST SIDE OF KING EDWARD AVENUE, BEING PARTS 2, 3, 4 AND 5 ON PLAN 4R AS IN OC ; CITY OF OTTAWA designated as Part 2 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 28, PL 42482, AS IN N734803, S/S CATHCART ST; OTTAWA designated as Part 1 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 28, PL 42482, PART 5, 6, 7, & 8, 5R13041, S/S CATHCART ST; S/T & T/W N530719; OTTAWA designated as Parts 2 and 3 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 28, PL 42482, PART 1, 2, 3, & 4, 5R13041, S/S CATHCART ST; S/T & T/W N510841; OTTAWA designated as Parts 4, 5, 6, 7, and 8 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 27, PL 42482, PART 1, 5R9267, S/S CATHCART ST; T/W N591819; OTTAWA designated as Part 9 on Plan 4R Part of PINS (LT) through to (LT) inclusive, being a strata interest in part of the common elements on Carleton Condominium Plan No. 407, PT LT 27 S CATHCART ST & PT LT 27 N BRUYERE ST, PL42482, PT 1 4R5991; AS IN SCHEDULE A OF DECLARATION LT ; OTTAWA designated as Part 10 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 27, PL 42482, PART 1 & 5, 5R13744, N/S BRUYERE ST; S/T & T/W N ; OTTAWA designated as Part 11 on Plan 4R Part of PIN (LT) being a strata interest in part of PT LT 27, PL 42482, PART 2 & 3, 5R13744, N/S BRUYERE ST; T/W N ; OTTAWA designated as Parts 12 and 13 on Plan 4R-29751

6 68 COMITÉ DES FINANCES ET DU Part of PIN (LT) being a strata interest in part of LT 27, PL 42482, S/S BRUYERE ST ; OTTAWA designated as Part 1 on Plan 4R An estate, right or interest, for a limited time in the nature of a temporary easement for a period of 30 months in the following lands: Part of PIN (LT) being part of PT LTS 19, 20, & 21, PL 30, S/S CATHERINE STREET; PT LTS 19, 20 & 21, PL 30, N/S ISABELLA STREET ; PT LTS 13 & 14, PL 30, E/S KENT STREET ; ALL BEING PARTS 1 & 4, 5R11360, S/T N486420, S/T THE INTEREST IN CR AS AMENDED BY N ; OTTAWA/NEPEAN designated as Part 1 on Plan 4R An estate, right or interest, in the nature of a permanent easement in the stratified portion of the following lands: Part of PIN (LT) being part of LTS 1, 2, 3, 4, & 5, PLAN 2275, E OF WALLER ST ; LTS 6 & 7, PL 2275, N OF LAURIER AV ; LTS N, 1, 2, 3, & 4, PL 6, S OF WILBROD ST ; LTS 1, 2, 3, & 4, PL 6, N OF LAURIER AV ; PT LT D, CON DRF, BEING THE REMAINDER OF LTS O & N, PL 6 BTN THE SLY LIMIT OF WILBROD ST & THE NLY LIMIT OF LAURIER AVE, PL 6 ; OTTAWA designated as Part 1 on Plan 4R-29707