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
TL1-4
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
10089 Clarkway Drive 142120045
PT LT 11 Con 11 ND Toronto Gore as
in VS311422; Brampton
9911 Clarkway Drive 142120042
PT LT 10, Con 11 ND Toronto Gore,
Part 2, 43R792; Brampton
9929 Clarkway Drive 142120041
PT LT 10 Con 11 ND Toronto Gore,
PT 1, 43R792; Brampton
Property Rights Required
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Area
Required (m2)
458
298
108
296
55
536
382
586
304
499
Property Owner
Name and Mailing Address
Di Pierdomenico, Natalina
21 Jane Osier Boulevard
North York, ON M6A1W6
Evangelista, Antonio Evangelista, Angela
10015 Clarkway Drive, Brampton, ON L6P 0W3
Fior, Rosaria
10059 Clarkway Drive, Brampton, ON L6P 0W3
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
10015 Clarkway Drive 142130047
PT LT 11 Con 11 ND Toronto Gore as
In R0767488, Brampton
10059 Clark Drive
142130046
PT LT 11 Con 11 ND Toronto Gore as
in R066638; Brampton
9688 Clarkway Drive 14212215
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
9877 Clarkway Drive 142122373
PT LT 10, Con 10 ND Toronto Gore,
Property Rights Required
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
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
Property Description(Address, Parent PIN, Legal description)
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
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
Tl-l
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
Toronto On, M1W 3Z4
Property Description(Address, Parent PIN, Legal description)
142122499
PT LT 10 Con 10 ND Toronto Gore,
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
Property Rights Required
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
Fee
Temporary Grading Easement
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
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