committee of council item i7 for april 6, 2011 - brampton.ca · expropriation, is the first step in...

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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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

Property Owner

Name and Mailing Address

Tonlu Holdings Limited 741 Rowntree Diary Road

Unit 2, Woodbridge, On L4L 5T9

Mignelli, Corrado Mignelli, Antonietta

5076 Old Castlemore Road

Brampton, ON L6P 0G4

Mila, Mario

Mila, Antonietta

10089 Clarkway Drive Brampton, ON

Nguyen, Phuong Hung Nguyen, Phuong Huy 9911 Clarkway Drive,

Brampton, ON L6P 0W4

Rubino, Domenico

Rubino, Erminia

9929 Clarkway Drive, Brampton, ON L6P 0W4

Property Description(Address, Parent

PIN, Legal description)

9606 Clarkway Drive 142124278

Part Lot 9 Con 10 ND Toronto Gore,

as in VS256896 Lying S of R01128938

5076 Old Castlemore Road

142120049

PT LT 11 Con 11 ND Toronto Gore as

in VS130432; Brampton



in VS311422; Brampton


PT LT 10, Con 11 ND Toronto Gore,

Part 2, 43R792; Brampton


PT LT 10 Con 11 ND Toronto Gore,

PT 1, 43R792; Brampton

Property Rights Required

Fee

Temporary Grading Easement

Fee


Fee


Fee


Fee


Area

Required (m2)

458

298

108

296

55

536

382

586

304

499

Property Owner


Di Pierdomenico, Natalina

21 Jane Osier Boulevard

North York, ON M6A1W6

Evangelista, Antonio Evangelista, Angela


Fior, Rosaria


Blackforest Estates Inc.

8800 Jane Street

Vaughan, ON L4K 2M9

Lyngate Development Inc. 3550 Langstaff Road

Woodbridge, ON L4L 9G3

Yellowpark Property Management Limited

830 Rowntree Dairy Road, Suite 10-11 Woodbridge,

ON L4L 5V2

Mattamy (Clarkway) Limited 2360 Bristol Circle

n-s

Property Description(Address, Parent PIN, Legal description)

Clarkway Drive/ Castlemore Road 142122798

PT LT 10 Con 11 ND (Toronto Gore) As In VS256896 Lying s of

RO1128938, Save and Except PT 1 PR1747797. Subject to an Easement as in PR1790861 City of Brampton



In R0767488, Brampton

10059 Clark Drive

142130046


in R066638; Brampton


PT LT 9, Con 10 ND Toronto Gore PT 1, 43R31804 subject to an Easement in Gross Over PT 7 PL 43R-33245 as

In PR1929949 City of Brampton

142122497

PT LT 9 Con 11 ND Toronto Gore, PT

1, 43R30899; Brampton; S/T Easement in Gross Over PT 1.

43R32646n As In PR1604932

Altura Way / Clarkway Drive 142120063

PT LT 10 Con 11 ND Toronto Gore PT

2, 43R1101, Except PT 3, 43R16749, PTS 10, 11,12 & 13, R01128938;

Brampton S/T Easement in Gross over PT 2, Plan 43R32646 as in

PR1602737


PT LT 10, Con 10 ND Toronto Gore,


Fee


Fee


Fee


Fee


Fee


Fee


Fee

Temporary Grading

Area

Required (m2)

1178

1585

406

607

342

340

330

850

1013

3559

2188

1311

1824

1180

n-fc

Property Owner Name and Mailing Address

Oakville, ON L6H 6M5

Criterion Development Corporation

3625 Dufferin Street, Suite 500

Toronto, ON M3K1N4

Senwood Developments Inc. 55 Silton Road

Woodbridge, On L4L 7Z8

Tonlu Holdings Limited 741 Rowntree Diary Road

Unit 2, Woodbridge, On L4L 5T9


PT 1, 43R30715; Brampton

10 Castle Oaks Crossing 142123200

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


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


Fee 1231


Tl-l

Property Owner


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

Toronto On, M1W 3Z4


142122499


des PT 1, 43R30922; Brampton

Clarkway Drive / Castlemore Road 142124973

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


Fee


Fee


Fee


Area

Required (m2)

3492

2207

3068

1992

4677

470

ri-s

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

Legal description (m2

Tonlu Holdings Limited 9606 Clarkway Drive Fee 458 142124278

741 Rowntree Diary Road Part Lot 9 Con 10 ND Toronto Gore, as Temporary Grading 298 Unit 2, Woodbridge, On in VS256896 LyingS of R01128938 Easement

L4L 5T9

Mignelli, Corrado 5076 Old Castlemore Road Fee 108 Mignelli, Antonietta 142120049

5076 Old Castlemore Road PT LT 11 Con 11 ND Toronto Gore as Temporary Grading 296 Brampton, ON in VS130432; Brampton Easement

L6P 0G4

Mila, Mario 10089 Clarkway Drive Fee 55 Mila, Antonietta 142120045

10089 Clarkway Drive PT LT 11 Con 11 ND Toronto Gore as Temporary Grading 536 Brampton, ON in VS311422; Brampton Easement

Nguyen, Phuong Hung 9911 Clarkway Drive Fee 382 Nguyen, Phuong Huy 142120042

9911 Clarkway Drive, PT LT 10, Con 11 ND Toronto Gore, Temporary Grading 586 Brampton, ON Part 2,43R792; Brampton Easement

L6P 0W4

Rubino, Domenico 9929 Clarkway Drive Fee 304

Rubino, Erminia 142120041

9929 Clarkway Drive, PT LT 10 Con 11 ND Toronto Gore, PT Temporary Grading 499

Brampton, ON 1.43R792; Brampton Easement

L6P 0W4

Di Pierdomenico, Nataltna ClarkwayDrive/ Castlemore Road Fee 1178

142122798

21 Jane Osier Boulevard PT LT 10 Con 11 ND (Toronto Gore) As Temporary Grading 1585 North York, ON In VS256896 Lying s of R01128938, Easement

M6A1W6 Save and Except PT 1 PR1747797. Subject to an Easement as in PR1790861 City of Brampton

Evangelista, Antonio 10015 Clarkway Drive Fee 406

Evangelista, Angela 142130047

10015 Clarkway Drive, PT LT 11 Con 11 ND Toronto Gore as Temporary Grading 607

Brampton, ON In R0767488, Brampton Easement

L6P 0W3

Fior, Rosaria 10059 Clark Drive Fee 342

142130046

10059 Clarkway Drive, PT LT 11 Con 11 ND Toronto Gore as Temporary Grading 340

Brampton, ON in R066638; Brampton Easement L6P 0W3

Blackforest Estates Inc. 9688 Clarkway Drive Fee 330

14212215

8800 Jane Street PT LT 9, Con 10 ND Toronto Gore PT Temporary Grading 850 Vaughan, ON 1,43R31804 subject to an Easement in Easement

L4K2M9 Gross Over PT 7 PL 43R-33245 as In PR1929949 City of Brampton

Lyngate Development Inc. 142122497 Fee 1013

3550 Langstaff Road PT LT 9 Con 11 ND Toronto Gore, PT Temporary Grading 3559

Woodbridge, ON 1,43R30899; Brampton; S/T Easement Easement L4L 9G3 in Gross Over PT 1.43R32646n As In

PR1604932

Property Owner Property Description, Address Property Rights AreaHO Name and Mailing Parent PIN Required Req'dn

Address

Yellowpark Property Management Limited

Legal description

Altura Way / Clarkway Drive 142120063

Fee

(m2)

2188

830 Rowntree Dairy Road, PT LT 10 Con 11 ND Toronto Gore PT 2, Temporary Grading 1311 Suite 10-11 43R1101, Except PT 3,43R16749, PTS Easement

Woodbridge, ON 10,11,12 & 13, R01128938; Brampton L4L 5V2 S/T Easement in Gross over PT 2, Plan

43R32646 as in PR1602737

Mattamy (Clarkway) 9877 Clarkway Drive Fee 1824 Limited 142122373

2360 Bristol Circle PT LT 10, Con 10 ND Toronto Gore, PT Temporary Grading 1180 Oakvitle, ON 1.43R30715; Brampton Easement

L6H 6M5

Criterion Development 10 Castle Oaks Crossing Fee 3088 Corporation 142123200

3625 Dufferin Street, Suite PT LTS 9,10, Con 10 Northern Division Temporary Grading 2046 500 Toronto, ON (Tor Gore) Des AS Pt 1, PL 43R25789, Easement

M3K1N4 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 PR1929940 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

Senwood Developments 4684 Castlemore Road Fee 1111 Inc. 142140131

55 Silton Road PT LT 11, Con 10 Northern (Tor Gore) Temporary Grading 1270

Woodbridge, On Des as PT 1, PL 43R18136, save and Easement L4L 728 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

Tonlu Holdings Limited Clarkway Drive / Daden Oaks Drive Fee 1231 142123671

741 Rowntree Diary Road Unit 2, Woodbridge, On PT LT 9 Con 10 ND Toronto Gore, Part Temporary Grading 620

L4L 5T9 1,43R26076 Save & Except PL Easement

43M1809 subject to an Easement in Gross Over PT 9 PL 43R-33245 as in

PR1929955 City of Brampton

Lyngate Development Inc. 142122499 Fee 3492

3550 Langstaff Road PT LT 10 Con 10 ND Toronto Gore, des Temporary Grading 2207 Woodbridge, ON PT 1,43R30922; Brampton Easement

L4L 9G3

Cachet Estate Homes Clarkway Drive / Castlemore Road Fee 3068 (Castlemore) Inc 142124973

361 Connie Crescent, PT LT 10, Con 10 ND (Toronto Gore) Temporary Grading 1992 Suite 200 Concord, On Des PTS 1, 2 & 3, 43R27551 S & E PTS Easement

L4K 5R2 14 & 15. 43R29242 & PTS 1 to 8, 43R33243 Subject to an easement as in

PR1832762 City of Brampton Great Gulf (Brameast) Ltd. Clarkway Drive/ Castle Oaks Crossing Fee 470

142125171

3751 Victoria Park Avenue PT LT 9, Con 11 ND Toronto Gore, PT 1, Temporary Grading 4677

Toronto On, 43R32400, Save and except PL Easement M1W 3Z4 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 PR1794434 City of Brampton

committee of council item i7 for april 6, 2011 - brampton.ca · expropriation, is the first step in...

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