Item No. 11.1

Council Report: C 160/2020

Subject: Proposed Expropriation of lands at 3316 Howard Avenue for the Howard Avenue/South Cameron Boulevard improvements - Ward 4

Reference:

Date to Council: August 24, 2020
Author: Patrick Brode
Senior Legal Counsel
519-255-6100 ext 6377
pbrode@citywindsor.ca
Legal Services, Real Estate & Risk Management
Report Date: August 7, 2020
Clerk’s File #: APM2020

To : Mayor and Members of City Council

Recommendation:

That the City Council of the City of Windsor sitting as an Expropriation Authority under the Expropriations Act APPROVE the taking of the lands being part of lots 1 and 2 in Registered Plan 1093 as in R1359374 as shown on Schedule “A” in the City of Windsor for Howard Avenue/South Cameron Boulevard improvements.

Executive Summary:

Background:

On May 25, 2020, City Council instructed the City Solicitor to commence the expropriation process for the above lands. The lands are currently vacant. They are included in the plans for the Central Box Study Area Class Environmental Assessment, and are essential for the improvements to Howard Avenue as shown on the conceptual engineering drawings attached as Schedule “B” .

It was not possible to reach an agreement with the owner for the purchase of the lands.

The City Solicitor’s office has served the owner, Darling Akouri, with the Notice of Application for Approval to Expropriate and has published the required notice three times in the local newspaper. The time period for the owner to request a Hearing of Necessity into the taking of the lands has expired.

Discussion:

The lands proposed to be expropriated are essential to the completion of the Central Box improvements on Howard Avenue.