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HomeMy WebLinkAboutLEG 07-23 Pl(KERJNG Report to Council Report Number: LEG 07-23 Date: December 11, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Expropriation of Easement at Tribute (Liverpool) Inc. Site -Walnut Lane Extension -Part Lot 23, Concession 1, Northwest corner of Liverpool Road and Highway 401 -File: L-4610-007-23 Recommendation: 1.That authority be granted to City of Pickering staff to initiate expropriation proceedings for the acquisition of an easement interest held by Wildav International Developments Limited over lands owned by Tribute (Liverpool) Inc. for the purposes of building an extension of Walnut Lane, as depicted in Attachment 1; 2.That authority be granted to City of Pickering staff to serve and publish Notices of Application for Approval to Expropriate the said easement interest as described in Recommendation 1 of this Report, and to forward to the Ontario Land Tribunal any requests for hearing received, to attend the hearings to present the City of Pickering’s position, and to present the Ontario Land Tribunal’s recommendations to City Council for consideration; 3.That authority be granted to the City Clerk and the Mayor to execute any notices and forms as may be statutorily mandated by the Expropriations Act, R.S.O. 1990, c. E.26 to give effect to Recommendation 2 in this Report, including the Notices of Application of Approval to Expropriate; and 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Executive Summary: The purpose of this Report is to obtain approval to expropriate an easement interest (the “Easement”) held by Wildav International Developments Limited over lands owned by Tribute (Liverpool) Inc. for the purposes of building an extension of Walnut Lane. The Recommendations in this Report are consistent with the direction given by Council at its November 16, 2023 in camera meeting. Financial Implications: Under the Expropriations Act R.S.O. 1990, c. E.26, the City is obligated to determine the fair market value of the Easement. Fair market value is determined by the completion of an Appraisal Report in accordance with AACI (Accredited Appraiser LEG 07-23 December 11, 2023 Subject: Expropriation of Easement at Tribute (Liverpool) Inc. Site Page 2 Canadian Institute) certified standards. The City of Pickering has completed an initial appraisal for the Easement. Discussion: The Easement is located within the lands owned by Tribute (Liverpool) Inc. at the northwest corner of Liverpool Road and Highway 401. The Easement was registered on April 24, 1986 as Instrument No. D218203 against the lands outlined in red on Attachment 1 to this Report. It provides a right-of-way for one of two access points to adjacent lands to the north. The adjacent lands are owned by Wildav International Developments Limited. The City of Pickering has commissioned an appraisal report to determine the fair market value of the Easement. Efforts to negotiate the terms of an amicable purchase of the Easement from Chestnut Hill have failed. As a result, the City needs to expropriate the Easement and remove it from title. This will enable the City to proceed with construction of the extension of Walnut Lane to Liverpool Road. This new City road will be a material improvement to the City’s existing transportation infrastructure. Should Council approve the Recommendations in this Report, City staff will proceed with service of a Notice of Application for Approval to Expropriate, and will seek further authority from Council (in a subsequent Report) to complete the expropriation by enacting an Expropriation By-law and Registering a Plan of Expropriation. Upon registration of a Plan of Expropriation, the City will become the owner of the Easement. The Easement can then be removed from title, and work can then begin on construction of the new City road. Attachment: 1. Location Map Prepared By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks LEG 07-23 December 11, 2023 Subject: Expropriation of Easement at Tribute (Liverpool) Inc. Site Page 3 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Legend D Easement Lands Road Lands Park Lands -Tribute Development Lands Tribute Lands af:j of Location Map -Tribute (Liverpool) Limited PlCKERlNG City Development © The Corporation of the City of Pickering Produced (in part) under license from: Department © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.,© Her Majesty the Queen in Right of Canada , Department of Natura l Resources. All rights reserved.;© Teranet Enterprises Inc. and its supp li ers. All rights reserved.,© Municipa l Property Assessment Corporation and its suppl iers. All rights reserved. L:\PLANNI NG\O 1-MapFiles\Legal\2023\ Tribute (Liverpool)\ Tri bute (Liverpool).a prx Date: Nov. 01, 2023 SCALE: 1:2,500 I THIS ISNOTAPLANOF SURVEY. Attachment #1 to Report LEG 07-23