HomeMy WebLinkAbout99-55 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99-55
Being a by-law to approve the expropriation of
Cove Road and certain other lands on behalf of
The Council of the Municipality of Clarington
as approving authority under the Expropriations
Act and to authorize the Mayor and Clerk to
Execute a Certificate of Approval under the Act
WHEREAS at its meeting on March 9, 1999,the Council of the Corporation of the Municipality
of Clarington, approved the recommendations contained in Report#SOL-1-99, and after
considering the report of Mr. Harold S. Goldkind, Q.C., approved the expropriation of the lands
being Parts 1, 2, 5, 6, 7, 8, 10, 11 and 12 on Plan 40R-17895 including rights-of-way in Parts 1,
2, 8 and 10 on Plan 40R-17895.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
1. THAT By-law No. 99-38 is hereby repealed.
2. THAT the Council of the Corporation of the Municipality of Clarington as approving
authority under the Expropriations Act, R.S.O. 1990, c.E.26, hereby approves the
expropriation by the Corporation of the Municipality of Clarington of the lands shown as
Parts 1, 2, 5, 6, 7, 8, 10, 11 and 12 on plan of survey of record deposited in the Land
Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R-17895.
3. THAT the Mayor and Clerk are hereby authorized on behalf of the Council of the
Corporation of the Municipality of Clarington to execute a Certificate of Approval of the
expropriation by the Corporation of the Municipality of Clarington of the lands shown as
Parts 1, 2, 5, 6, 7, 8, 10, 11 and 12 on Plan 40R-17895 pursuant to subsection 8(3) of the
Expropriations Act.
By-law read a first and second time this 26th day of April 1999
By-law read a third time and finally passed this 26th day of April 1999
MAYOR
ICIPAL CLERK
CERTIFICATE OF APPROVAL
IN THE MATTER OF an application by the Corporation of the Municipality of Clarington for
approval to expropriate land being Part of Lots 10, 11, 12, 13 and Block D, Registered Plan 198;
Part of Block "I", Registered Plan 318; and Part of Lot 12, Broken Front Concession,
Geographic Township of Darlington in the Municipality of Clarington in the Regional
Municipality of Durham designated as Parts 1, 2, 5, 6, 7, 8,10, 11 and 12 on plan of survey of
record deposited in the Land Registry Office for the Land Registry Division of Durham(No. 40)
as Plan 40R-17895, for the purposes of reconstruction of the public and privately owned portions
of Cove Road,the construction of a bridge over the Westside Creek and approaches to the bridge
to connect Cove Road with Cedar Crest Beach Road, and establishing Cove Road,the bridge and
approaches as a public highway.
The Council of the Corporation of the Municipality of Clarington hereby certifies that approval
was given to the Corporation of the Municipality of Clarington on the 26th day of April, 1999 to
expropriate the following lands:
Parts 1, 2, 5, 6, 7, 8, 10, 11 and 12 shown on plan of survey of record deposited
in the Land Registry Office for the Land Registry Division of Durham(No. 40)
as Plan 40R-17895.
being the lands described in the application.
DATED at Bowmanville, Ontario,this 26th day of April 1999.
The Council of the Corporation of the
Municipality of Clarington
Diane Hamre, Mayor
Patti L. arrie, icip Jerk
NOTICE OF REASONS FOR DECISION
IN THE MATTER OF the Expropriations Act, R.S.O. 1990, c.E.26, as
amended;
AND IN THE MATTER OF AN APPLICATION BY THE CORPORATION
OF THE MUNICIPALITY OF CLARINGTON for approval to
expropriate land being Part of Lots 10, 11, 12, 13 and Block D, Plan
198; Part of Block T, Plan 318; and Part of Lot 12, Broken Front
Concession, Geographic Township of Darlington in the Municipality
of Clarington in the Regional Municipality of Durham designated as
Parts 1, 2, 5, 6, 7, 8, 10, 11 and 12 on Plan 40R-17895 for the
purposes of reconstruction of the public and privately owned
portions of Cove Road; the construction of a bridge over the West
Side Creek and approaches to the bridge to connect Cove Road with
Cedar Crest Beach Road and establishing Cove Road, the bridge and
approaches as a public highway.
TAKE NOTICE THAT at its meeting on March 8, 1999, the Council of The
Corporation of the Municipality of Clarington which is the approving authority
under the Expropriations Act, considered the Report of the Inquiry Officer, Mr.
Harold S. Goldkind, Q.C., delivered to the Municipality on February 12, 1999,
respecting the proposed expropriation by The Corporation of the Municipality of
Clarington of the following lands and rights-of-way:
"The lands shown as Parts 2, 5, 6, 7, 8,10, 11 and 12 on Plan 40R-17895
and the rights-of-way in Parts 1, 2, 8 and 10 on Plan 40R-17895."
Council passed a by-law approving the expropriation of these properties on
April 26, 1999.
In its consideration of the Inquiry Officer's Report, Council noted that Mr.
Goldkind had conducted a lengthy hearing of eight days in accordance with the
Expropriations Act. In his Report, Mr. Goldkind had carefully summarized the
evidence that was presented by the parties and had correctly made findings of
fact based on the evidence. Both Mr. Goldkind's central finding of fact and his
opinion that the proposed expropriation for which approval is sought, is fair,
sound and reasonably necessary in the achievement of the objectives of the
expropriating authority, The Corporation of the Municipality of Clarington, are
consistent with and are required by the evidence produced at the hearing. For
these reasons, the Council of The Corporation of the Municipality of Clarington
as the approving authority under the Expropriations Act decided to approve the
expropriation by The Corporation of the Municipality of Clarington, as
expropriating authority, of the lands and rights-of-way referred to above.
A copy of the Certificate of Approval of the expropriations by the Council of The
Corporation of the Municipality of Clarington dated April 26, 1999, is enclosed
herewith for your information.
Dated at Bowmanville, Ontario this 26th day of APRIL 1999.
The Council of The Corporation of the
Municipality of Clarington, Approving
Authority under the Expropriations Act
Mayor
M nicip er