Item No. 11.2

Council Report: C 147/2020

Subject: Expropriation of lands at Riverside Drive East/ Devonshire Road for road improvements and Hiram Walker statue - Ward 4

Reference:

Date to Council: August 4, 2020
Author: Patrick Brode
Senior Legal Counsel
519-255-6100 ext 6377
pbrode@citywindsor.ca
Legal Services, Real Estate & Risk Management
Report Date: July 13, 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 lot 95 in Concession 1 designated as parts 1 and 2 on Plan 12R-28137 for the purposes of road widening and the Hiram Walker statue; and,

THAT City Council APPROVE a transfer to project 7185001 - Riverside/Devonshire Roundabout from 7181040 - 2019 City Wide Road Rehab. for an amount not to exceed $144,000 plus applicable taxes and associated land registration costs should the land acquisition result in a budget shortfall in project 7185001.

Executive Summary:

Background:

On March 9, 2020, City Council instructed the City Solicitor to commence the expropriation process for the above lands. The lands and statue are shown on Schedule “A”. Part of the lands are required for intersection improvements at Riverside Drive and Devonshire Road. As well, it provides for a 474.5 square metre parcel of land for the mounting of the Hiram Walker statue.

Discussions to obtain the land at that time had not been successful.

After March 9, the City Solicitor’s office proceeded to serve the owner, Hiram Walker & Sons Limited with the notice of application to expropriate and publish the notice in the