Item No. 11.3

Council Report: C 203/2020

Subject: Proposed expropriation on Provincial Road for the Provincial/Division Corridor Improvements Project, Phase 2-4 from Owner JBM Capital Inc. municipal address: 3051-4001 Legacy Park and 4611 Walker Road-City Wide

Reference:

Date to Council: November 9, 2020
Author: Patrick T. Brode
Senior Legal Counsel
519-255-6100 x6377
pbrode@citywindsor.ca 
Legal Services, Real Estate & Risk Management
Report Date: October 14, 2020
Clerk’s File #: APM2020

To : Mayor and Members of City Council

Recommendation:

In most instances, a recommendation is made to Council. However, in this case, the City Council is sitting as approving authority under section 8 of the Expropriations Act which provides:

s. 8(1) The Approving authority shall consider the report of the inquiry officer and shall approve or not approve the proposed expropriation or approve the proposed expropriation with such modifications as the approving authority considers proper, but an approval with modifications shall not affect the lands of a registered owner who is not or has not been made a party to the hearing.

If, after consideration, City Council approves, the following wording is suggested:

"That the Council of the City of Windsor acting pursuant to section 8 of the Expropriations Act, adopts the findings contained within the report of the Inquiry Officer Gillian M. Burton dated October 11, 2020 and approves the proposed expropriation of the interests in land being:

Part of the east half of lot 14 in the Sixth Concession being designated as Parts 1, 2, 3, 4, 5, 6, and 7 on Plan 12R-28178 and Parts 23 and 24 on Plan 12R- 28177 for guy wire easements and Part 22 on Plan 12R-28177 for an aerial easement, in the City of Windsor and County of Essex and that the Owner's solicitor be paid the statutory costs of $200.00.