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HomeMy WebLinkAbout2004-039 ! ~ THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON BY-LAW NUMBER 2004- 039 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 Mr. 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-Electric Power Commission of Ontario described in Instrument No. ON 19451 E, 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, R.S.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. . . BY-LAW read a first time this 16th BY-LAW read a second time this 16th BY-LAW read a third time and finally passed this 2 day of day of February 2004 February 2004 16th day of February 2004 ~ . ~71~ John ulton, Mayor > ~ - -' ~ 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 ofThe 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, Q.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 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 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- 039 passed on February 16, 2004, is enclosed herewith for your information. 2 DATED at Bowmanville, Ontario this 16th day of February 2004. The Council of The Corporation of the Municipality of Clarington, Approving Authority under the Expropriations Act. ~/~ ,- cipatC1erkc C . ,: -~. /-. -- 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 16th 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. DN19451 E, also shown on the aforesaid Parcel Register. being the land described in the application (with modifications). DATED at Bowmanville, Ontario this 16th day of February 2004. The Council of The Corporation of the Municipality of Clarington r;&nf~, John tton, Mayor~::- '--c_