THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 58-2012
 

A by-law to authorize an Application for Approval to Expropriate Land being Part of Lot 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Parts 1, 2 and 3 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited.


WHEREAS The Regional Municipality of Peel, (the “Regional Corporation”) requires lands described in Schedule “A” hereto for the Bolton Arterial Road (BAR) Extension from King Street to Regional Road 50 (Highway 50) in the Town of Caledon 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 May 24, 2012 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 Town of Caledon, 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 constructing the Bolton Arterial Road (BAR) Extension from King Street to Regional Road 50 (Highway 50) in the Town of Caledon and works ancillary thereto.


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 24th day of May, 2012.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law Number 58-2012
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
(name of expropriating authority)

being Part of Lot 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Parts 1, 2 and 3 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited.

Located on the east side of Duffy’s Lane, north of King Street, in the Town of Caledon, Ontario.

For the purpose of constructing the Bolton Arterial Road (BAR) Extension from King Street to Regional Road 50 (Highway 50) in the Town of Caledon and 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 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Part 1 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited.

Temporary Easement
A temporary easement or rights in the nature of a temporary easement for a period of three (3) years commencing on the date of registration of the expropriation plan on, over, under and through the lands described as Part of Lot 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Parts 2 and 3 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited for the purpose of entering upon and occupying the land with all necessary vehicles, machinery, equipment and material required to facilitate the construction of The Bolton Arterial Road Extension, grading and other works ancillary thereto.

 


Dated at Brampton this day of _____________, 2012.

  The Regional Municipality of Peel
  (name of expropriating authority)
 

___________________________
Carol Reid, Regional Clerk
(signature of officer or agend of expropriating authority)

Schedule "B" to By-law Number 58-2012
Expropriations Act

NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND

IN THE MATTER OF AN APPLICATION BY

The Regional Municipality of Peel
(name of expropriating authority)

For approval to expropriate land being Part of Lot 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Parts 1, 2 and 3 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited.

Located on the east side of Duffy’s Lane, north of King Street, in the Town of Caledon, Ontario.

For the purpose of constructing the Bolton Arterial Road (BAR) Extension from King Street to Regional Road 50 (Highway 50) in the Town of Caledon and 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 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Part 1 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited.

Temporary Easement
A temporary easement or rights in the nature of a temporary easement for a period of three (3) years commencing on the date of registration of the expropriation plan on, over, under and through the lands described as Part of Lot 11, Concession 5, Town of Caledon (formerly Township of Albion), Regional Municipality of Peel, being more particularly identified as Parts 2 and 3 on draft reference plan 21-11-072-020, prepared by MMM Geomatics Ontario Limited for the purpose of entering upon and occupying the land with all necessary vehicles, machinery, equipment and material required to facilitate the construction of The Bolton Arterial Road Extension, grading and other works ancillary 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
  (name of the expropriating authority)
 

___________________________
Carol Reid, Regional Clerk
(signature of officer or agent of expropriating authority)