THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 151-2011
 

A by-law to authorize an Application for Approval to Expropriate Land being Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 2, 3 and 4 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd.


WHEREAS The Regional Municipality of Peel (the “Regional Corporation”) requires lands described in Schedule “A” hereto for the widening and improvement of Queen Street West between Mississauga Road and Chinguacousy Road and works ancillary thereto;

AND WHEREAS Section 6 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (“Municipal Act, 2001”) confers on the Regional Corporation the power to expropriate land;

AND WHEREAS Section 11 of the Municipal Act, 2001 confers on the Regional Corporation jurisdiction in respect of highways;

AND WHEREAS the Council of the Regional Corporation has by resolution passed on October 13, 2011 authorized the commencement of procedures to expropriate land;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

  1. That Application for Approval to Expropriate Land in the form attached hereto as Schedule “A” under section 4 of the Expropriations Act, R.S.O. 1990, c. E.26, as amended, be made to the Council of the Regional Corporation in respect of the parcels of land as described in Schedule “A” to this by-law and that it be executed on behalf of the Regional Corporation by the Regional Clerk and the corporate seal be affixed thereto.

  2. That a Notice of Application for Approval to Expropriate Land in the form attached hereto as Schedule “B” be executed on behalf of the Regional Corporation by the Regional Clerk and the corporate seal be affixed thereto and that the Notice be served upon each registered owner of the parcels of land to which it relates and be published once a week for three consecutive weeks in a newspaper having general circulation in the City of Brampton, in accordance with section 6 of the Expropriations Act.

  3. That the purpose of the expropriation of the lands described in Schedule “A” is for the widening and improvement of Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and works ancillary thereto.

 


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 13th day of October, 2011.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law Number 151-2011
Expropriations Act

APPLICATION FOR APPROVAL TO EXPROPRIATE LAND

To: The Council of the Regional Municipality of Peel


10 Peel Centre Drive
Brampton, Ontario
L6T 4B9


IN THE MATTER OF the proposed expropriation of land by

The Regional Municipality of Peel

being:

Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 2, 3 and 4 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd.

Located on the south side of Queen Street West, west of Chinguacousy Road.

For the purpose of the widening and improvement of Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and for works ancillary thereto.

APPLICATION IS HEREBY MADE for approval to expropriate the land described as follows:

Fee Simple

The fee simple interest in the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd.

Temporary Easement

A temporary easement or rights in the nature of a temporary easement for a period of four years commencing on registration of the plan of expropriation on, over, under and through the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 3 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd., for the purpose of entering upon and occupying the land with all necessary vehicles, machinery, equipment and material required to facilitate the widening and improving of Queen Street West, grading and other works ancillary thereto.

Permanent Easement

A permanent easement or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 3 and 4 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd., for the purpose of constructing road works, including the accommodation, construction, installation, operation, maintenance, inspection, alteration, removal, replacement, reconstruction, relocation, enlargement or repair of electricity transmission/distribution line or lines, and all related appurtenances and accessories thereto.


Dated at Brampton this day of _____________, 2011.

  The Regional Municipality of Peel
   
 

___________________________
Carol Reid, Regional Clerk

Schedule "B" to By-law Number 151-2011
Expropriations Act

NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND

IN THE MATTER OF AN APPLICATION BY

The Regional Municipality of Peel

for approval to expropriate land being:

Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 2, 3 and 4 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd.

Located on the south side of Queen Street West, west of Chinguacousy Road.

For the purpose of the widening and improvement of Queen Street West from Mississauga Road to Chinguacousy Road in the City of Brampton and for works ancillary thereto.

NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land described as follows:

Fee Simple

The fee simple interest in the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd.

Temporary Easement

A temporary easement or rights in the nature of a temporary easement for a period of four years commencing on registration of the plan of expropriation on, over, under and through the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 3 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd., for the purpose of entering upon and occupying the land with all necessary vehicles, machinery, equipment and material required to facilitate the widening and improving of Queen Street West, grading and other works ancillary thereto.

Permanent Easement

A permanent easement or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 5, Concession 3 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 1, 3 and 4 on draft reference plan 90-48-10 prepared by David B. Searles Surveying Ltd., for the purpose of constructing road works, including the accommodation, construction, installation, operation, maintenance, inspection, alteration, removal, replacement, reconstruction, relocation, enlargement or repair of electricity transmission/distribution line or lines, and all related appurtenances and accessories thereto.

Any owner of lands in respect of which notice is given who desires an inquiry into whether the taking of such land is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority shall so notify the approving authority in writing,

(a) in the case of a registered owner, served personally or by registered mail within thirty days after the registered owner is served with the notice, or, when the registered owner is served by publication, within thirty days after the first publication of the notice;

(b) in the case of an owner who is not a registered owner, within thirty days after the first publication of the notice.


The approving authority is:

The Council of The Regional Municipality of Peel
10 Peel Centre Drive
Brampton, Ontario
L6T 4B9

  The Regional Municipality of Peel
   
 

___________________________
Carol Reid, Regional Clerk