HomeMy WebLinkAboutPSD-018-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 9, 2004
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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
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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
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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
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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
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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
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ATTACHMEtlT 1
BASELINE ROAD
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~ 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
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RE 6.3.5.3
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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David R. Vine, Q.C.
Inquiry Officer
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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
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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
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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.
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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
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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