THE REGIONAL MUNICIPALITY OF YORK BYLAW NO
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1 THE REGIONAL MUNICIPALITY OF YORK BILL NO. 6 BYLAW NO To acquire certain lands for or in connection with the widening and reconstruction of Highway 7 (YR 7), Centre (YR 71) and Bathurst (YR 38) City of WHEREAS the Council of The Regional Municipality of York on June 26, 2014, by its adoption of Clause 23 of Report 12 of the Committee of the Whole and on September 11, 2014, by its adoption of Clause 59 of Report 13 of the Committee of the Whole authorized applications for approval to expropriate the lands therein referred to for or in connection with the widening and reconstruction of Highway 7 (YR 7), Centre (YR 71) and Bathurst (YR 38), in the City of ; and WHEREAS Notice of Application for Approval to Expropriate Land has been served upon the registered owners of the lands and has been published pursuant to the provisions of the Expropriations Act, R.S.O. 1990, c. E.26, as amended (the Act ); and WHEREAS no notification of a desire for a hearing has been received and the time for giving such notification has expired; and WHEREAS the Council of The Regional Municipality of York on January 22, 2015, by its adoption of Clause 14 of Report 2 of the Committee of the Whole approved the expropriation of the hereinafter described lands. Now, therefore, the Council of The Regional Municipality of York HEREBY ENACTS as follows:
2 Page 2 of 15 pages of Bylaw No The expropriation of the lands referred to in section 3 is hereby approved for or in connection with the widening and reconstruction of Highway 7 (YR 7), Centre (YR 71) and Bathurst (YR 38), in the City of. 2. The Regional Chair and Regional Clerk are hereby authorized and directed to execute a Certificate of Approval pursuant to the Act. 3. The Region, as expropriating authority, expropriate the following lands by the preparation, execution and registration of a plan of expropriation: No. Owner Municipal Address Legal Description Interest Required Parts 6, 7, 8, 9, Plan 65R Pine Seven Office Park Inc Highway 7 Part 5, Plan 65R34915 Parts 1, 3, 4, Plan 65R Estate of Marguerite Culotta 4114 Highway 7 65R34914 Parts 2, 3, Plan 65R Highway 7 Parts 4, 9, Plan 65R34914 and Parts 5, 6 on Plan 65R16740 Parts 5, 6, 7, 8, Plan 65R Highway 7 Part 12, Plan 65R34914 Parts 10, 11, Plan 65R Lee-Mar Developments 4030 Highway Parts 13, 14, Plan 65R34914
3 Page 3 of 15 pages of Bylaw No No. Owner Municipal Address Legal Description Interest Required 6. CP REIT Ontario Properties 3940 Highway 7 Parts 3, 7, Plan 65R35029 Parts 1, 4, 5, 6, Plan 65R Canadian Property Holdings (Ontario) Inc. and Calloway REIT (Westridge) Inc Highway 7 Parts 10, 16, 17, 18, Plan 65R35029 Parts 14, 15, Plan 65R35029 Parts 8, 9, 11, 12, 13, Plan 65R Canadian Tire Properties Inc Highway 7 Part 3, 65R35050 Parts 1, 2, Plan 65R35050 Part 7, 8, 9, Plan 65R Pine View Motors 3790 Highway 7 Parts 6, 10, Plan 65R35050 Parts 4, 5, Plan 65R Imperial Oil 3764 Highway 7 Parts 12, 13, Plan 65R35050 Part 11, Plan 65R Calloway REIT (400 and 7) Inc. 57 Northview Boulevard Parts 8, 9, Plan 65R35107 Part 7, Plan 65R Sara Kranc, et al Dufferin Parts 20, 22, Plan Parts 21, 23, 24, Plan
4 Page 4 of 15 pages of Bylaw No No. Owner Municipal Address Legal Description Interest Required Ontario 1500 Centre Part 18, Plan Part 19, Plan 14. IDAN-SHIM (1986) Incorporated 1470 Centre Part 17, Plan Part 16, Plan 15. Mares Success Ltd Centre Parts 1, 3, Plan Parts 2, 4, 5, Plan 16. Malvina Beker 63 Loudon Crescent Part 21, Plan Parts 22, 23, Plan Part 20, Plan 17. Tony and Maria Wong 37 Loudon Crescent Part 17, Plan Part 16, Plan 18. Brigido and Analie Servanez 2 Concord Part 14, Plan Part 15, Plan Centre Part 11, Plan Part 9, Plan Part 10, Plan
5 Page 5 of 15 pages of Bylaw No No. Owner Municipal Address Legal Description Interest Required Centre Part 8, Plan Part 7, Plan 21. Arthur Fisch 1294 Centre Part 5, Plan Part 6, Plan Centre Part 4, Plan Part 3, Plan 23. Arthur Fisch 1272 Centre Part 2, Plan Centre Part 19, Plan Part 20, Plan Parts 21, 22, Plan 25. Raya Gluzberg 1252 Centre Parts 13, 18, Plan Parts 14, 17, Plan Parts 15, 16, Plan
6 Page 6 of 15 pages of Bylaw No Daniel and Raya Gluzberg 1238 Centre Part 12, Plan Part 11, Plan Part 10, Plan 27. Theodore, Hanna and Charles Haller 1226 Centre Part 7, Plan Part 8, Plan Part 9, Plan 28. Ilana Balilty 1218 Centre Part 6, Plan Part 5, Plan Part 4, Plan MCC Properties Corp. 31. TDC Medical Properties Inc Centre 1200 Centre 1152 Centre Part 2, Plan Part 3, Plan Part 31, Plan Parts 28, 29, Plan Parts 27, 30, Plan 32. Centre Properties Inc Centre Parts 24, 25, Plan Parts 23, 26, Plan
7 Page 7 of 15 pages of Bylaw No Vogue Investments 1118 Centre Parts 20, 21, Plan Parts 19, 22, Plan Ontario Ltd Centre Parts 15, 17, Plan Parts 16, 18, Plan 35. Riocan Holdings Inc Centre Parts 5, 10, 13, 14, Plan Parts 4, 11, 12, Plan 36. Imperial Oil 1030 Centre Parts 7, 9, Plan Parts 6, 8, Plan 37. Riocan Holdings Inc Centre Parts 2, 3, Plan Agau Developments 784 Centre 10 Disera Drive Parts 1, 2, 4, Plan 65R35020 Part 3, Plan 65R35020 Parts 5, 6, Plan 65R Agau Developments 700 Centre Part 2, Plan 65R R35051 and Parts 1, 2, Plan 65R Thornhill Shopping Centres W.S. Bathurst Parts 3, 4, Plan 65R35051
8 Page 8 of 15 pages of Bylaw No Agau Developments 700 Centre Part 5, Plan 65R Beth Chabad Israeli Community Centre S.W. Bathurst /North Park Part 6, Plan 65R Janesville Developments 531 Atkinson Avenue 65R YRCC No (Odd) Glen Crescent and 1-87 Beaumont Place Part 2, Plan 65R35101 Part 1, Plan 65R Ganymede Investments Ltd. Additional E.S. Bathurst 65R Ganymede Investments Ltd. One Foot Reserve Part of Part 1, 65R7869 Fronting YCRP No. 567 Parts 3, 4, Plan 65R35101 Parts 16, 17, 20, 21, Plan 65R Bathurst Parts 18, 22, Plan 65R35019 Parts 19, 23, Plan 65R35019 Parts 2, 5, 6, 9, Plan 65R YRCC No Promenade Circle Parts 3, 7, Plan 65R35019 Parts 1, 4, 8, Plan 65R KRCMAR Properties Inc Centre Part 32,, 65R34960
9 Page 9 of 15 pages of Bylaw No Gennaro and Stella Panacci 30 Mountfield Crescent Part 2, Plan 65R34960 Part 7, Plan 65R Konstantinos Karakostas Joe Cultraro Bettina Apa 28 Mountfield Crescent 24 Mountfield Crescent 7 Wade Gate Part 3, Plan 65R34960 Part 6, Plan 65R34960 Part 26, Plan Part 25, Plan Ontario 1417 Centre Parts 29, 30, 31, 32, Plan Ontario Ontario 58. Edward Letichever 1423 Centre 1435 Centre 1445 Centre Part 28, Plan Part 27, Plan Part 25, Plan Part 26, Plan 59. Riotrin Properties ( 3) Inc Weston Part 4, Plan 65R35107 Parts 5, 6, Plan 65R Suncor Energy Inc Highway 7 65R35107 Parts 2, 3, Plan 65R35107
10 Page 10 of 15 pages of Bylaw No Dev-West Properties Inc Weston 65R10576 and Part 17, Plan 65R35100 Part 18, Plan 65R YRCC No Winges Part 15, Plan 65R35100 Part 16, Plan 65R Silvio Di Giammarino 3883 Highway 7 Parts 10, 12, Plan 65R35100, save and except Part 2, Plan 65R35137 Parts 11, 13, 14, Plan 65R35100 and Part 2, Plan 65R35137, save and except 65R YRCC No Winges Part 8, Plan 65R35100 Part 9, Plan 65R Gallu Construction Inc. 40 Winges Parts 4, 6, Plan 65R35100, save and except 65R35136 Parts 5, 7, Plan 65R35100 and Part 1, Plan 65R Kingsmoor Developments Inc. 177 Whitmore 65R35100 Parts 2, 3, Plan 65R35100
11 Page 11 of 15 pages of Bylaw No Whitmore 200 Whitmore Parts 36, 37, 39, 41, 42, 43, Plan 65R35112, save and except 65R35144 Parts 38, 40, Plan 65R35112 and Part 1, Plan 65R Trowers 300 Trowers Parts 29, 31, 32, 33, 35, Plan 65R35112 Parts 28, 30, 34, Plan 65R Trowers 250 Trowers Parts 24, 27, Plan 65R35112 Parts 25, 26, Plan 65R Pine Valley Industrial Mews 172 Trowers Parts 16, 18, 20, 22, Plan 65R35112 Parts 17, 19, 21, 23, Plan 65R35112 Parts 11, 12, Plan 65R Shell Canada 4235 Highway 7 Part 13, Plan 65R35112 Parts 14, 15, Plan 65R Condor Properties Ltd. 205 Marycroft Avenue Parts 1, 5, 10, Plan 65R35112 Part 6, Plan 65R35112 Parts 2, 3, 4, 8, 9, Plan 65R35112
12 Page 12 of 15 pages of Bylaw No YRCC No Marycroft Avenue Parts 18, 19, Plan 65R35070 Part 20, Plan 65R35070 Part 21, Plan 65R Vincal Holdings Inc Rowntree Dairy 65R6945 and Parts 14, 16, Plan 65R35070 Parts 15, 17, Plan 65R Vincal Holdings Inc Highway 7 Part 3, Plan 65R17172 and Parts 3, 5, 8, 11, 12, Plan 65R35070 Parts 4, 6, 7, 9, 10, 13, Plan 65R The Toronto- Dominion Bank 4499 Highway 7 Part 2, Plan 65R R Canada 4515 Highway 7 Part 17, Plan 65R35094 Part 18, Plan 65R35094 Parts 3, 4, 7, 10, 13, 14, Plan 65R K.L. Lai Investments 4535 Highway 7 and 7700 Pine Valley Drive Parts 5, 15, Plan 65R35094 Parts 6, 8, 9, 11, 12, 16, Plan 65R35094
13 Page 13 of 15 pages of Bylaw No Piazza Capri Inc Highway 7 65R35094 Part 2, Plan 65R35094 The fee simple interest required is described as all right, title and interest for the municipal purpose of implementing road and intersection improvements along Highway 7, Centre and Bathurst, including associated local roads, and to provide designated lanes for the vivanext transit system and works ancillary thereto. The permanent easements required are described as a limited interest in perpetuity being a permanent easement or rights in the nature of a permanent easement in, under, over, along and upon and for municipal purposes including, but not limited to, entering on the lands with all vehicles, machinery, workmen and other material (i) to construct and maintain permanent municipal infrastructure which may include installation, maintenance, relocation and/or removal of traffic turning loops and associated signalization equipment and controls, retaining walls, shoring and formwork and/or drainage, erosion or sediment control measures such as watermains and storm sewers; and (ii) for construction purposes which may include, but are not limited to, (1) relocation of existing services and utilities, (2) staging and storage of materials and equipment, (3) geotech testing, borehole testing, and other investigative works, (4) removal, relocation and/or installation of signage, (5) hard and soft landscaping, paving, grading and reshaping the lands to the limit of the reconstruction of municipal road fronting the lands herein described, (6) the installation and removal of temporary (i) pedestrian access and walkways, (ii) parking measures including re-striping of aisles, lanes, and parking stalls, (iii) shoring and formwork, (iv) drainage and erosion/sediment control measures, (v) traffic signals, (vi) fencing, and (vii) handrails, and (7) works ancillary to any of the foregoing and necessary to the works to be performed in association with the purpose of implementing road and intersection improvements along Highway 7, Centre and Bathurst, including associated local roads, and to provide designated lanes for the vivanext transit system and works ancillary thereto.
14 Page 14 of 15 pages of Bylaw No The temporary easements required are described as a temporary limited interest being a temporary easement or rights in the nature of a temporary easement for a term of five (5) years commencing on registration of the plan of expropriation in, under, over, along and upon and for municipal purposes including, but not limited to, entering on the lands with all vehicles, machinery, workmen and other material for construction purposes, which may include (1) relocation of existing services and utilities, (2) work that supports the construction of municipal infrastructure within the Region s permanent takings, (3) staging and storage of materials and equipment, (4) geotech testing, borehole testing, and other investigative works, (5) removal, relocation and/or installation of signage, (6) hard and soft landscaping, paving, grading and reshaping the lands to the limit of the reconstruction of the municipal road fronting the lands herein described, (7) the installation and removal of temporary (i) pedestrian access and walkways, (ii) parking measures including re-striping of aisles, lanes, and parking stalls, (iii) shoring and formwork, (iv) drainage and erosion/sediment control measures (v) traffic signals, (vi) fencing, and (vii) handrails and (8) works ancillary to any of the foregoing and necessary to the works to be performed in association with the purpose of implementing road and intersection improvements along Highway 7, Centre and Bathurst, including associated local roads, and to provide designated lanes for the vivanext transit system and works ancillary thereto. 4. The Commissioner of Corporate Services is authorized to cause the said plan or plans to be registered in the proper Land Registry Office, to give notice of such expropriation in accordance with the Act and to execute all necessary documents to effect the transaction. 5. Plan Nos. 65R-34915, 65R-34914, 65R-16740, 65R-35029, 65R-35050, 65R-35107, 65R-34917, 65R-34945, 65R-34944, 65R-34902, 65R-35020, 65R , 65R-34980, 65R-34979, 65R-35101, 65R-6968, 65R-35019, 65R , 65R-10576, 65R-35100, 65R-35137, 65R-35136, 65R-35112, 65R , 65R-35070, 65R-6945, 65R and 65R-35094, hereto attached, shall form part of this bylaw.
15 Page 15 of 15 pages of Bylaw No ENACTED AND PASSED on January 22, Denis Kelly Regional Clerk Wayne Emmerson Regional Chair Authorized by Clause 14 of Report 2 of the Committee of the Whole, adopted by Council at its meeting on January 22, #
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