Report _ BRAMPTON in- Committee of Council Committee of the Council of The Corporation of the City of Brampton "amptonca Flower City COMMITTEE OF COUNCIL Date: March 18,2011 nATF- April U, lof| File: AR-10-100 Subject: Expropriation of road-widening requirements for Clarkway Drive, Ward 10 Contact: Ann Pritchard, Manager, Realty Services, 905-874-2131 Overview: • Clarkway Drive between Bluffmeadow Street to north of Castlemore Road is being improved and widened. Certain property rights are required from 18 property owners. Property appraisal reports have been commissioned and negotiations will commence upon receipt of the reports. • In order to ensure delivery of property rights in a timely manner, so as not to delay the construction schedule, this report recommends that Council authorize commencement of the expropriation process. Staff will carry on with the negotiation process in parallel with the expropriation process with the aim of obtaining agreements through negotiation. • The authorization being sought in this report, to acquire property rights by expropriation, is the first step in the expropriation process. Another report will be presented to Council to seek approval of the actual expropriation, after Notices of Intention to Expropriate have been served/published, and the Hearings of Necessity, if any, have been completed. Recommendations: 1) That the report from Ann Pritchard, Manager, Realty Services dated March 18, 2011, to the Committee of Council Meeting of April 6, 2011, re: Expropriation of road-widening requirements for Clarkway Drive, Ward 10 be received; and
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Report _ BRAMPTON in-
Committee of Council
Committee of the Council of The Corporation of the City of Brampton
"amptonca Flower City
COMMITTEE OF COUNCIL Date: March 18,2011 nATF- April U, lof|
File: AR-10-100
Subject: Expropriation of road-widening requirements for Clarkway Drive, Ward 10
Contact: Ann Pritchard, Manager, Realty Services, 905-874-2131
Overview:
• Clarkway Drive between Bluffmeadow Street to north of Castlemore Road is
being improved and widened. Certain property rights are required from 18 property owners. Property appraisal reports have been commissioned and
negotiations will commence upon receipt of the reports.
• In order to ensure delivery of property rights in a timely manner, so as not to
delay the construction schedule, this report recommends that Council authorize commencement of the expropriation process. Staff will carry on with the negotiation process in parallel with the expropriation process with the aim of obtaining agreements through negotiation.
• The authorization being sought in this report, to acquire property rights by
expropriation, is the first step in the expropriation process. Another report will be presented to Council to seek approval of the actual expropriation, after Notices of Intention to Expropriate have been served/published, and the Hearings of Necessity, if any, have been completed.
Recommendations:
1) That the report from Ann Pritchard, Manager, Realty Services dated March 18,
2011, to the Committee of Council Meeting of April 6, 2011, re: Expropriation of road-widening requirements for Clarkway Drive, Ward 10 be received; and
2) That a by-law be enacted authorizing The Corporation of the City of Brampton, as expropriating authority, to make an application for approval to expropriate those property interests required in connection with the Clarkway Drive road widening project, as described in Schedule TV to this report and to complete all procedural steps required by the Expropriations Act, RSO 1990, c.E.26, ("Expropriations Acf) in connection with such application; and
3) That the Mayor and City Clerk be authorized to execute, serve, and publish on behalf of the City of Brampton all notices, applications, advertisements and other documents required by the ExpropriationsAct, as amended, in order to effect the expropriation of the said property rights.
Background:
Clarkway Drive between Bluffmeadow Street to north of Castlemore Road will be widened to four lanes with a continuous centre turning lane. Just north of the Castlemore/Clarkway intersection the four lane widening will be tapered back to two lanes.
Property Rights are required from 18 property owners. The negotiation process along Clarkway Drive is commencing with the undertaking of the property appraisal reports.
Additional property acquisitions north of Castlemore Road will be required at such time that the widening of Clarkway Drive to four lanes extends further north.
Current Situation:
Considering the number of property acquisitions to be completed in a timely manner, this report recommends that Council authorize use of expropriation to ensure delivery of the property rights described in Schedule 'A' of this report, in time to maintain project schedule. Staff will continue to negotiate agreements in parallel with the expropriation process.
The authorization being sought in this report, to acquire property rights by expropriation, is the first step in the expropriation process. Another report will be presented to Council to seek approval of the actual expropriation, after Notices of Intention to Expropriate have been served/published, and the Hearings of Necessity, if any, have been completed.
Corporate Implications:
Works and Transportation confirms that authorization to expropriate the additional property requirement identified in this report is required.
Corporate Services - Legal has reviewed this report.
Finance-the estimated funding required for the expropriations identified in this report is approximately $600,000 and is to be provided from approved Works and Transportation Capital Projects - Land Acquisitions.
Conclusion:
That a by-law be enacted authorizing the City of Brampton, as expropriating authority, to make application for approval to expropriate the property interest required in connection with the widening of Clarkway Drive from Bluffmeadow Street to north of Castlemore
Road, as described in Schedule A to this report.
Ann Pritchard Julian
Manager, Realty Services Commissioner
Buildings and Property Management
Appendices:
Schedule A: Summary of the revised property interest to be expropriated
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Original Signed By
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Schedule A
Summary of Property Interests to be expropriated
in connection with the Clarkway Drive project
Between Bluffmeadow Street and North of Castlemore Road
PT LTS 9,10, Con 10 Northern Division (Tor Gore) Des AS Pt 1, PL
43R25789, S & E PTS 8, 9, 12, 14, 15, 18, 19, 20, 22, 24, 26, 27 PL
43R32359, PTS 1,11,13, 16, PL43R32359 AND PL 43M1799
Subject to an Easement in Gross over PTS 1 & 2, 43R33067 as in
PR2792875 subject to an easement in gross over PR2, 43R33102 as In
PR1792876 subject to an easement in gross over PT 23 PL 43R-33245 as in PR 1929940 subject to an easement in gross over PTS 5, 6 PL 43R-33245 as in PR1929948 subject to an easement in gross over PT1, 43R33291 & PTS 2 & 3, 43R33397 as in PR1929962 City
of Brampton
4684 Castlemore Road
142140131
PT LT 11, Con 10 Northern (Tor Gore) Des as PT 1, PL 43R18136, save and
Except PTS 12,13, 27, 28, 29, 30 PL 43R29242; Brampton; S/T easement in favour of the Corporation of the City of Brampton over OTS 9,10,11, 47 48
PL 43R32049 as in PR1626301
Clarkway Drive / Daden Oaks Drive 142123671
PT LT 9 Con 10 ND Toronto Gore,
Part 1, 43R26076 Save & Except PL 43M1809 subject to an Easement in
Gross Over PT 9 PL 43R-33245 as in
PR1929955 City of Brampton
Property Rights Area
RequiredRequired (m2)
Easement
Fee 3088
Temporary Grading 2046 Easement
Fee 1111
Temporary Grading 1270 Easement
Fee 1231
Temporary Grading 620 Easement
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Property Owner
Name and Mailing Address
Lyngate Development Inc. 3550 Langstaff Road
Woodbridge, ON L4L 9G3
Cachet Estate Homes
(Castlemore) Inc 361 Connie Crescent, Suite
200 Concord, On L4K 5R2
Great Gulf (Brameast) LTD 3751 Victoria Park Avenue
PT LT 10, Con 10 ND (Toronto Gore) Des PTS 1, 2 & 3, 43R27551 S & E
PTS 14 & 15, 43R29242 & PTS 1 to 8,
43R33243 Subject to an easement as in PR1832762 City of Brampton
Clarkway Drive / Castle Oaks Crossing 142125171
PT LT 9, Con 11 ND Toronto Gore, PT
1, 43r32400, Save and Except PL 43M1809 and PL 43M1833 Subject to an Easement in gross over PTS 2, 3,
PL 43R33212 as in PR1792865
Subject to an Easement in gross over PT 4, PL 43R33212 as in PR1792867
Subject to an Easement in gross over PTS 1, 2, PL 43R33212 AS IN
PR 1794434 City of Brampton
Property Rights Required
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Area
Required (m2)
3492
2207
3068
1992
4677
470
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THE CORPORATION OF THE CITY OF BRAMPTON
BY-LAW
,\wither
To authorize the expropriation of certain lands for the purpose of Clarkway Drive
Road widening
WHEREAS Section 5 (3) and 6 (1) of the Municipal Act 2001 require the Council of the Corporation to pass a by-law for acquiring or expropriating any land required for the purposes of the Corporation;
AND WHEREAS the Council of The Corporation of the City of Brampton has
determined that it is necessary and in the interest of The Corporation of the City of Brampton to acquire the lands herein described for road widening purposes;
NOW THEREFORE The Council of The Corporation of the City of Brampton ENACTS AS FOLLOWS:
1. The Corporation of the City of Brampton, as expropriating authority, is
hereby authorized to make application for approval to expropriate the
lands required in connection with the Clarkway Drive as described in
Schedule A to this by-law for the purpose of road widening.
2. That the Mayor and Clerk are hereto authorized to execute, and cause to
be served and published on behalf of The Corporation of the City of
Brampton as expropriating authority, all notices, applications,
advertisements and other documents required by the Expropriations Act, R.S.O. 1990, c.E.26 as amended, in a form approved by the City
Solicitor that in his opinion are necessary in order to effect the
expropriation of the said lands.
READ a FIRST, SECOND and THIRD TIME and PASSED in open Council this
13th day of April, 2011.
Approved as to Approved as to content form SUSAN FENNELL MAYOR
(BPM Dept.) (Legal Dept.)
PETER FAY CITY CLERK
Schedule AIV* Summary of Property Interests to be expropriated in connection with the Clarkway Drive widening
Temporary Grading Easement - a temporary easement or rights in the nature of a temporary easement expiring five years from the date of the registration of the expropriation plan to allow access to the said part with workers, material and equipment required for the purpose of regarding, shaping, and installing restoration works
Property Owner Property Description, Address Property Rights Area Name and Mailing Address Parent PIN Required Req'd