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HomeMy WebLinkAboutPSD-018-04 . ~ ~ " CI!Jl-WglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 9, 2004 Lo7 GR:\- OIl-of &00'f - 03'1 By-law #: ~o 0 'f - 01/0 dOO<t- - 0<1-\ Report #: PSD-018-04 File #: RE 6.3.5.3 Subject: THE REPORT OF MR. DAVID R. VINE, Q.C., THE INQUIRY OFFICER, UNDER THE EXPROPRIATIONS ACT RESPECTING THE PROPOSED EXPROPRIATION OF 774 MARTIN ROAD, BOWMANVILLE, AND CONSIDERATION OF THE INQUIRY REPORT BY COUNCIL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-018-04 be received; 2. THAT Council as the approval authority under subsection 5(1) of the Expropriations Act having considered the Report of the Inquiry Officer Mr. David R. Vine, Q.C. and for reasons set out in Mr. Vine's report, which Council hereby adopts as its reasons, pass a by-law to approve the proposed expropriation for the purposes of a community park of the lands more particularly described as the portion of Part Lot 15, Broken Front Concession, former Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham shown on the Parcel Register for Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro- Electric Power Commission of Ontario described in Instrument No. DN19451 E, and to authorize the Mayor and Clerk to execute a Certificate of Approval of the expropriation; 3. THAT Council approve the Notice of Decision and Reasons for Decision contained in Attachment 4 approving the proposed expropriation and authorize the Clerk to serve a copy of it on all parties as required by subsection 8(2) of the Expropriations Act; 4, THAT Council pass a by-law to approve the expropriation of the land for the purpose of a community park pursuant to the Expropriations Act, and to authorize the Mayor and the Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by subsection 8(3) of the Expropriations Act; 5. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute an expropriation plan of the land and cause the plan to be 6Gl REPORT NO.: PSD.018-o4 registered in the proper Expropriations Act; and Page 2 land registry office pursuant to subsection 9(1) of the 6. THAT Council pass a by-law to expropriate the land for the purposes of a community park pursuant to the Municipal Act, 2001. Submitted by: Davi Crome, MCIP, RP.P, Director of Planning Services Reviewed by: {; ,(y,-JzQ~-e,J2... , Franklin Wu, Chief Administrative Officer IL/DJClld 4 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 , 0,,0 REPORT NO.: PSD-018-04 PAGE 3 1.0 BACKGROUND 1.1 Report PSD-056-03 dealt with the acquisition of 774 Martin Road, Bowmanville by the Municipality for the purposes of a community park. As amended by Addendum to Report PSD-056-03, approved by Council at its meeting on June 23, 2003, recommendations 2, and 3 provided: . THAT Council hereby authorizes an application be made to the Council of the Corporation of the Municipality of Clarington as the approval authority under subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for the approval of the expropriation of all interests in the lands described as 774 Martin Road which are more particularly described as Part Lot 15, Broken Front Concession, former Township of Darlington, as described in Instrument Number N102360 . THAT Council hereby authorize staff to take all necessary actions to serve notice of it application for approval to expropriate upon the owner of the land to be expropriated and to publish the aforesaid notice in accordance with subsection 6(1) of the Expropriations Act. 1.2 774 Martin Road, Bowmanville is owned by the Richard Joseph Pajdo estate, and Tadeusz Jurski and Henryka Jurski, as co-tenants. Their title is subject to an easement in favour of the Hydro-Electric Power Commission of Ontario. This easement has not been recommended to be expropriated. The land is located south of Baseline Road. It has frontage on but no access to Highway 401. On the west side it abuts the unopened portion of Martin Road and land owned by the Municipality (Attachment 1). 1.3 Following Council's approval of the Addendum to Report PSD-056-03, Council authorized the Municipality's application for approval of the proposed expropriation to Council. Council is the approving authority for an expropriation of land by the Municipality under the provisions of the Expropriations Act. The Act provides that Council as the approving authority must formally approve a proposed expropriation before it can occur. 1.4 On July 30, 2003, pursuant to subsection 6(1) of the Expropriations Act, the Clerk served notice of the Municipality's application for approval of the expropriation on the registered owners concerned, and published the notice in the Canadian Statesmen for three consecutive weeks. 1.5 In response to this notice, the parties to the estate, Ms. Teresa Pajdo, Mr. Tadeusz Jurski, and Mrs. Henryka Jurski requested a hearing by an Inquiry Officer as to whether the proposed taking of the lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, that is the objectives of the Municipality. The Chief Inquiry Officer, Mr. Peter Lockett of the Ministry of the Authority General appointed Mr. David R. Vine, a.c., as Inquiry Officer to conduct the hearing. 1.6 The hearing took place on January 13, 2004. Notice of the hearing was provided to Ms. Pajdo and Mr. and Mrs. Jurski. Dennis Hefferon represented the Municipality at the 6.)7 REPORT NO.: PSD-018-04 Page 4 hearing. Ms. Pajdo and Mr. Jurski represented the estate and stated that Mrs. Jurski would not be attending for medical reasons. The other parties were not represented by legal counsel. 1.7 Mr. Vine's report ("Inquiry Report") was delivered to Dennis Hefferon on behalf of the Municipality on January 19, 2004. As required by subsection 7(6) of the Expropriations Act, it contains a summary of evidence and arguments advanced by the parties, Mr. Vine's findings of fact, and his opinion on the merits of the application for approval. A copy of the Inquiry report is attached as Attachment 2. 1.8 Subsection 8(1) of the Expropriations Act requires that Council consider the Inquiry Report and approve or not approve the proposed expropriation, or approve it with such modifications as Council, as the approving authority, considers proper. Subsection 8(2) of the Act requires that written reasons be given for Council's decision and that they be served upon all parties within 90 days after the day on which the Inquiry Report was received. The purpose of this report is to assist Council in the consideration of the Inquiry Report. 2.0 COMMENTS 2.1 As required by the Expropriations Act, the Inquiry Officer heard the evidence produced by the Municipality concerning the objectives of the Municipality to be achieved by the proposed expropriation and whether the proposed expropriation was fair, sound and reasonably necessary in the achievement of the objectives of the Municipality. The Municipality's witnesses were Isabel Little, Planner, and Peter Windolf, Manager of Park Development. Ms. Pajdo spoke on behalf of the estate. The Inquiry Officer and all parties to the hearing were provided with a book of evidence containing 25 exhibits in support of proving the necessity of acquiring the lands. The Inquiry Report fairly and accurately summarizes the evidence and arguments advanced by the Municipality and the other parties to the Inquiry. 3.0 CONCLUSIONS AND RECOMMENDATIONS 3,1 The Inquiry Officer conducted the hearing into the proposed expropriation. He carefully summarized the evidence provided and correctly made findings of fact based on that evidence. His recommendation is that: It is recommended that the Expropriating Authority complete the expropriation of 774 Martin Road, Bowmanville, Ontario since the taking of such land is fair, sound, and reasonably necessary in the achievement of the objectives of the Expropriating Authority in providing a multi-purpose sports and recreation facility to service the surrounding areas of the expropriated property. 3.2 It is recommended that Council, as the approving authority under subsection 5(1) of the Expropriations Act, having considered the attached Report of the Inquiry Officer, Mr. David Vine, Q.C., and for the reasons set out in Mr. Vine's Report which it is recommended Council adopt as its own reasons, pass a by-law (Attachment 3) under , . biu REPORT NO.: PSD-018-04 Page 5 the Expropriations Act to approve the proposed expropriation for the purposes of a community park of 774 Martin Road, Bowmanville, excluding the easement in favour of the Hydro-Electric Power Commission of Ontario, and to authorize the Mayor and Clerk to execute the Certificate of Approval required by the Act. 3.3 It is recommended that the Clerk be authorized to cause the Notice of Decision and Reasons for Decision of Council approving the proposed expropriation to be served upon all of the parties as is required by subsection 8(2) of the Expropriations Act. A copy of this Notice is included as Attachment 4. A copy of the Certificate of Approval is included as Attachment 5. 3.4 It is also recommended that Council pass a by-law to authorize the Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan of the lands in question and authorize its registration in the proper land registry office pursuant to subsection 9(1) of the Expropriations act (Attachment 6). 3.5 Finally, it is recommended that Council pass a by-law under the Municipal Act, 2001 to expropriate the lands in question for the purposes of a community park (Attachment 7). 3.6 If Council approves the proposed expropriation it will be completed by the registration in the proper land registry of a plan of the lands which are expropriated. The plan must be registered within 3 months after approval to expropriate has been given. Title is transferred to the Municipality on the registration of the plan and the owners' rights are converted by the Act from rights in the land expropriated to rights to be paid at market value compensation and compensation for any damage suffered by injurious affection of the land. 3.7 It should be noted that the Municipality cannot obtain possession of the land expropriated until notices are served on the registered owners concerned of the expropriation which require possession of the land expropriated to be given to the Municipality on a specified date. That date must be at least 3 months after the date of service of the notice of possession. Before taking possession of the land, subsection 25(1) of the Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owners' interest and offer immediate payment of 100% of the amount of the estimated market value of the owners' interest. This offer must be served within 3 months of the registration of the plan. Attachments: Attachment 1 - Key Map Attachment 2 - Inquiry Officer's Report Attachment 3 - By-law to approve expropriation under Expropriations Act and to authorize execution of Certificate of Approval of expropriation Attachment 4 - Notice of Decision and Reasons for Decision of Council Attachment 5 - Certificate of Approval of expropriation Attachment 6 - By-law to authorize execution and registration on title of expropriation plan Attachment 7 - By-law to expropriate for a community park under the Municipal Act, 2001 6: ATTACHMEtlT 1 BASELINE ROAD Cl <( o ~ Z I- ~ <( ~ /5.23ha (12.92ac) .2.84ha (7.02ac) r\\Gr\'tlP>-'< \ II II II II II \. ~ PROPOSED PARCEL TO BE ACQUIRED Roll Number: 010-020-07300 Address: 774 Martin Road, Bowmanville Site Area: 8.07ha (19.94ac) Intended Use: Community Park and Major Outdoor sports Facility J RE 6.3.5.3 o L ATTACHMENT 2 -- INQUIRY HEARING -- PROPOSED EXPROPRIATION OF LANDS BY THE MUNICIPALITY OF CLARINGTON DESCRIBED AS 774 MARTIN ROAD, BOWMANVILLE,ONTARIO COMMITTEE ROOM #1 MUNICIPALITY OF CLARINGTON ADMINISTRATIVE CENTRE 40 Temperance Street, BowmanviIle ON LIC 3A6 January 13th, 2004, at 9;30 a.m. 0'1 ~) IN THE MATTER OF THE EXPROPRIATIONS ACT AND IN THE MATTER OF an application by the Municipality of Clarington to expropriate lands described as 774 Martin Road, Bowmanville, Ontario INQUIRY HEARING COMMITTEE ROOM #1, MUNICIPALITY OF CLARINGTON ADMINISTRATIVE CENTRE, 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 INQUIRY OFFICER: DAVID R. VINE, Q.C. 80 Richmond Street West Suite 1604 Toronto, Ontario, M5H 2A4 Representing the Municipality of Clarington DENNIS C. HEFFERON Barrister & Solicitor South Tower, Royal Bank Plaza 200 Bay Street, Suite 6900 Toronto, Ontario M5J 2J4 IN PERSON representing his wife and himself Tadeusz Jurski 595 Scarlett Road Etobicoke, Ontario M9P 2S6 IN PERSON Teresa Padjo 1664 Anworld Court Mississauga, Ontario lAW 2V9 0: ., RECOMMENDATIONS 1. It is recommended that the Expropriating Authority complete expropriation of 774 Martin Road, Bowmanville, Ontario slllce the taking of such land is fair, sound and reasonably necessary in the achievement of the objectives of the Expropriating Authority III providing a multi-purpose sports and recreation facility to service the surrounding areas of the expropriated property. 0,- 3 PURPOSE The purpose of this expropriation is to: 1. Acquire approximately nineteen acres, being all of the lands owned by Richard Joseph Padjo's estate to be used in conjunction with other lands owned by the Municipality to complete a park, recreational and sports facility. OBJECTIONS BY LANDOWNER'S REPRESENTATIVE Prior to evidence by counsel for the Expropriating Authority, the landowners representatives were asked to state without limiting their right to a full and complete inquiry, their objections to the taking of the lands. The owners, present, indicated that the family had owned the lands for some forty years and they wished to develop the lands themselves in spite of the fact that only 7.02 acres is table land on the west side of a creek and the remaining 12.92 acres IS environmentally protected and has been so for a considerable period of time. PRELIMINARY FILINGS Prior to calling evidence, counsel for the Expropriating Authority provided the Inquiry with a bound document entitled Book of Evidence. This document contained twenty five exhibits which were individually tabbed. As well, a list of exhibits were provided, most b u 4 of which were included in the Book of Evidence above referred to. The list of exhibits is appended to this Report with the following additions EXHmIT 10. This exhibit is a Notice of Application to expropriate land with Affidavit of Service. EXHIBIT 11. This exhibit is a Notice of Hearing of expropriation returnable on November 4,2003 and Notice of Inquiry for January 13,2004. EXHIBIT 12 This exhibit is an updated overall site plan of an indoor soccer facility and lacrosse field. EXHmlT 13 This exhibit is an outline of the evidence to be used in the Inquiry. The revised list of exhibits attached to this Report indicates the places where these exhibits may be found for review. EVIDENCE BY MUNICIPALITY Counsel for the Municipality with the assistance of the large scale aerial photograph, suitably coloured, Tab 1, indicated that the lands in question were located in the western Ie;. 9~ extremity of the Municipality formerly known as Bowmanville and consisted of ~ acres. which is adjacent to land presently owned by the Municipality of Clarington both to the North and to the West. o 5 The lands are part of the "west side creek area" and as such, 12.92 areas are designated as being environmentally protected with 7.02 acres of table land to the west. Counsel indicated that the lands being taken were all the lands owned by the Padjo estate. The lands are bounded on the east by Martin Road, which is unimproved save and except for the most northerly portion, which has been extended to allow access to an auto mall to the rear of a building currently occupied by the RCMP. The southern boundaries of the lands are on Highway 401 with the northern and western boundaries being bounded by lands owned by the Municipality. It is intended to improve Green Road to the west and provide access from 401 and as well, there are further lands to the south which can be accessible for parkland purposes by gaining access underneath Highway 401 to lands south which are also suitable for parkland purposes. The Inquiry was then turned over to Isabel B. Little (for Curriculum Vitae, see document attached to report) Exhibit 13, and to Peter Windolf (Curriculum Vitae appended to Report), Exhibit 14. These persons on behalf of the Municipality of Clarington tabled an outline of evidence, Exhibit 15, each in turn, described by making use of their area of expertise, the reasons for acquiring these lands. FINDING AS FACT FOR THE BASIS OF RECOMMENDATIONS After hearing the evidence, as submitted in the outline of evidence and having reviewed the documents contained in the Book of Evidence, as well as additional exhibits o ~ 6 filed, it is obvious that the Municipality, for some considerable period of time, contemplated the construction of a sports facility, which would be accessible to the citizens of the Municipality and form a focal point for sports programs in the area, both active and passive. A review of exhibit 12, outlining the indoor soccer facility, lacrosse fields and championship soccer, Canadian football, championship softball diamonds and baseball diamonds as well as other indoor and outdoor facilities indicates the nature and extent of the project. The environmental considerations, because of the creek system in the area, makes the recreational use of these lands in line with good policy. The owners of the lands to be expropriated, at all times, were acquainted with the fact that the lands being expropriated were protected lands and an examination of the photographs appearing at Tab 8, shows the area including the pond to the north. PRESENT USE OF LAND The lands being expropriated are presently lying fallow and have not been farmed for at least a year. The other lands required for the recreational facility are already owned by the Municipality and work is expected to commence in the year 2004 hence the taking of the lands is timely. o i 7 NOTICE It is to be observed that this Inquiry was originally scheduled for November 4, 2003 but on consent of all parties, it was agreed that the matter be put over to January 13,2004 because of unfortunate personal circumstance. It should be further noted that at all material times, the owners and beneficiaries of the estate of the lands in question have been kept apprised, as have all members of the public as to the development plans for the area and would appear to be content with the project, subject to transferring the land and questions of consideration, which are not a part of this Inquiry. DATED AT TORONTO this 15th day of January, 2004. ALL OF WHICH IS RESPECTFULLY SUBMITTED. /- .- i .,- /-4'~~~ David R. Vine, Q.C. Inquiry Officer OLu LIST OF EXHIBITS N.R. "TAB"Refers to "BOOK OF EVIDENCE" Exhibit 16 1. Map of Clarington - not referred to other than at Hearing, 2. Aerial Photo of Park Location, Property Boundaries, Table land and EnvironmentaIIy Protected Areas. See Tab 1. 3. Photograph of Community Park site. See Tab 8. 4. Ultimate Park Development concept. See Tab 9. 5. Clarington Official Plan BowmanviIle Land use Map A3. See Tab 11. 6. Official Plan Map showing Padjo lands and Clarington lands. (See Tab 21 Zone). 7. Clarington Official Plan BowmanviIIe Urban Area Transportation. See Tab 20. 8. Former Town of Newcastle Comprehensive Zoning By-law 84-63 Schedule "3" .See Tab 21, 9. Ultimate Park Development Concept - January 2204 Refinement (reduction only). See Exhibit 12. 10. Affidavits of Service plus publications. 11. Notices of Hearing plus affidavits of service. 12. See 9 above. 13. Curriculum Vitae - Isabel P. Little 14. Curriculum Vitae - Peter Windolf 15. Outline of evidence 16. Book of evidence 0[, ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON BY.LAW NUMBER 2004-_ being a By-law to approve the expropriation of 774 Martin Road. Bowmanville on behalf of the Council of the Municipality of Clarington as the approving authority under the Expropriations Act. and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act WHEREAS at its meeting on February 16. 2004, the Council of The Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD-018- 04. and after considering the Report of Me. David R Vine, Q.C., approved the expropriation for the purposes of a community park of the lands more particularly described as the portion of Part Lot 15. Broken Front Concession, former Township of Darlington. now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (L T), excluding from the expropriation the easement in favour of the Hydro-Eiectric Power Commission of Ontario described in Instrument No. DN19451E, also shown on the aforesaid Parcel Register. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1 , THAT the Council of The Corporation of the Municipality of Clarington as approving authority under the Expropriations Act, RS,O., 1990, c.E.26, hereby approves the expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described as the portion of Part Lot 15, Broken Front Concession. former Township of Darlington. now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451E. 2. 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 more particularly described as the portion of Part Lot 15, Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo. excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451E, 01' , BY-LAW read a first time this 16~ BY-LAW read a second time this 16th 2 day of day of BY-LAW read a third time and finally passed this r\ ,,- " v._ --' February February 16th day of February 2004 2004 2004 John Mutton, Mayor Patti L Barrie. Municipal Clerk ATTACHMENT 4 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 MUNICIPAL TY OF CLARINGTON for approval to expropriate 774 Martin Road, Bowmanville. TAKE NOTICE THAT at its meeting on February 16, 2004, 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. David R. Vine, a.c. delivered to the Municipality on January 19, 2004, respecting the proposed expropriation by The Corporation of the Municipality of Clarington of the following lands for the purposes of a community park: the portion of Part Lot 15. Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for the Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo. subject to the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451 E, The Council of The Corporation of the Municipality of Clarington approved the expropriation of these lands at its meeting held on February 16. 2004, In its consideration of the Inquiry Officer's Report. Council noted that Mr. Vine had conducted a hearing in accordance with the Expropriations Act In his Report. Mr. Vine had carefully summarized the evidence that was presented by the parties and had correctly made findings of fact based on the evidence, Both Mr. Vine'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, were consistent with and were supported by the evidence produced at the hearing, Mr. Vine's reasons were adopted as the reasons of The Corporation of the Municipality of Clarington for the expropriation of the aforesaid lands subject to the aforesaid easement in favour of the Hydro-Electric Power Commission of Ontario. For these reasons, the Councii 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 portion of the lands referred to above, excluding from the expropriation the aforesaid easement in favour of the Hydro-Electric Power Commission of Ontario, A copy of the Certificate of Approval of the expropriation by the Council of The Corporation of the Municipality of Clarington authorized by By"law No, 2004-_ passed on February 16, 2004, is enclosed herewith for your information. . ' tJ i 't 2 DATED at Bowmanville, Ontario this 16~ day of February 2004, The Council of The Corporation of the Municipality of Clarington, Approving Authority under the Expropriations Act. John Mutton, Mayor Patti L Barrie, Municipal Clerk bL.J ATTACHMENT 5 CERTIFICATE OF APPROVAL IN THE MATTER OF an application by The Corporation of the Municipality of Clarington for approval to expropriate 774 Martin Road, Bowmanville 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 16"' day of February, 2004 to expropriate, for the purposes of a community park, the lands more particularly described as the portion of Part Lot 15, Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham shown on the Parcel Register for the Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo. excluding from the expropriation the ,easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451E, also shown on the aforesaid Parcel Register. being the land described in the application (with modifications), DATED at Bowmanville, Ontario this 16"' day of February 2004, The Council of The Corporation of the Municipality of Clarington John Mutton, Mayor Patti L. Barrie, Municipal Clerk Of ATTACHMENT 6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004-_ being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 774 Martin Road, Bowmanville in accordance with Section 9 of the Expropriations Act WHEREAS at its meeting on February 16, 2004, the Council of The Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD- 018-04, and approved the expropriation of the lands more particularly described as the portion of Part Lot 15, Broken Front Concession, which portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (L T), former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham, excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451E, also shown on the aforesaid Parcel Register; AND WHEREAS at its meeting on February 16, 2004. Council passed By-law No. 2004- approving the aforesaid expropriation; AND WHEREAS at its meeting on February 16. 2004, Council also passed By-law No, 2004-_ pursuant to subsection 6(1) of the Municipal Act, 2001, S.O, 2001, c.25, as amended to expropriate the aforesaid lands, excluding from the expropriation the aforesaid easement in favour of the Hydro-Electric Power Commission of Ontario. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized on behalf of The Corporation of the Municipality of Clarington to execute an expropriation plan showing the portion of Part Lot 15, Broken front Concession, fonner Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property Identifier Number 26606- 0095 (L T) to be owned by Tadeusz Jurski. Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro- Electric Power Commission of Ontario described in Instrument No. DN19451 E, 2, THAT the Mayor and Clerk are authorized on behalf of The Corporation of the Municipality of Clarington to cause the aforesaid expropriation plan to be registered in the proper land registry office pursuant to subsection 9(1) of the ~xpropriations Act. Of.. 2 BY -LAW read a first this 16th day of February_ 2004, BY-LAW read a second time this 16th day of February, 2004. BY-LAW read a third time and finally passed this 16th day of February. 2004, John Mutton, Mayor Patti L Barrie. Municipal Clerk [}!- () . ATTACHMENT 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004-_ being a By-law to expropriate 774 Martin Road, Bowmanville, for the purposes of a community park pursuant to the Municipal Act, 2001, S,O. 2001 WHEREAS at its meeting on February 16. 2004, the Council of The Corporation of the Municipality of Clarington, passed By-law 2004 - _ approving the expropriation of the portion of Part Lot 15, Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No, DN19451E. also shown on the aforesaid Parcel Register, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1 , THAT the land more particulariy described as the portion of Part Lot 15, Broken Front Concession. former Township of Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham which portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (L T) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described in Instrument No. DN19451E, is hereby expropriated for the purposes of a community park pursuant to the Municipal Act, 2001, S,O, 2001. c,25, as amended, BY-LAW read a first time this 16th day of February 2004 BY-LAW read a second time this 16th day of February 2004 BY-LAW read a third time and finaily passed this 16th day of February 2004 John Mutton. Mayor , r) i: b (" Patti L Barrie, Municipal Clerk