That the Regional Municipality of Waterloo approve the expropriation of lands for the purpose of completing the remaining Farmers Market Trail works (Northfield Drive West from the railway corridor to the Northfield Drive / Parkside Drive intersection), in the City of Waterloo, as detailed in Report PDL-LEG-23-026 dated June 6, 2023, described as follows:
Fee Simple Partial Taking:
i.Part of Lot 10, German Company Tract, being Parts 1, 2, 4 and 5 on 58R-21590, (Part of PIN 22281-0356 (LT)), City of Waterloo, Regional Municipality of Waterloo (580 Weber Street North, Waterloo).
Temporary Easement – Grading:
The right and easement, being a temporary easement in gross, for the free and unobstructed, right, interest and easement terminating on the 31st day of December, 2024, for itself, its successors and assigns, and anyone authorized by it, on, over, under and through the following property for the purposes of excavation, construction, installation, replacement, alteration, grading, and landscaping as required in connection with the construction and access of the multi-use trail along Northfield Drive West from the railway corridor to the Northfield Drive / Parkside Drive intersection, and all related improvements, and works ancillary thereto and for such purposes, the free, unimpeded and unobstructed access to the lands at all times by employees, agents, contractors, workers and anyone authorized by it, and vehicles, supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the right and easement:
ii.Part of Lot 10, German Company Tract, being Part 3 on 58R-21590, (Part of PIN 22281-0356 (LT)), City of Waterloo, Regional Municipality of Waterloo (580 Weber Street North, Waterloo).
And that staff be instructed to register a Plan of Expropriation for the property within three months of the granting of the approval to expropriate the property, as required by the Expropriations Act;
And that the registered owners be served with a Notice of Expropriation and a Notice of Possession for the property after the registration of the Plan of Expropriation and the Regional Solicitor is authorized to take any and all actions required to enforce such Notices including but not limited to any application pursuant to Section 40 of the Expropriations Act;
And that the Regional Solicitor is authorized to enter into an agreement with the registered owners, or to make an application under Section 39 of the Expropriations Act, to adjust the date for possession specified in the Notice of Possession as may be required;
And that all above-referenced fee simple partial takings situated adjacent to an existing Regional public highway be acquired for road widening purposes and therefore be deemed to form part of the adjacent public highway in accordance with subsection 31(6) of the Municipal Act, 2001;
And that if no agreement as to compensation is made with an owner, the statutory Offer of Compensation and payment be served upon the registered owners of the property in the amount of the market value of the interests in the land as estimated by the Region’s appraiser in accordance with the Expropriations Act;
And that the Regional Solicitor be authorized to execute any Indemnity agreement or other document related to payment of the statutory Offer of Compensation;
And further that the Regional Solicitor be authorized to discontinue expropriation proceedings or any part thereof, in respect of the above described lands, or any part thereof, upon the registration on title of the required documentation to complete the transaction or if determined by the Commissioner, Transportation Services, that such lands, or any part or interest thereof, are not required for the subject Project