That the following recommendations from the Sustainability, Infrastructure, and Development Committee be approved:
- That the Regional Municipality of Waterloo approve the expropriation of lands for improvements at the intersection of Fischer Hallman Road (Regional Road 50) and New Dundee Road (Regional Road 12), in the City of Kitchener and in the Township of North Dumfries, in the Regional Municipality of Waterloo, as detailed in Report PDL-LEG-24-023, dated September 10, 2024, described as follows:
Fee Simple Partial Taking:
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener
Temporary Easement – Grading:
The right and easement, being a temporary easement in gross, for the free and unobstructed, right, interest and easement terminating, for the subject property set out below, on the 31st day of December, 2028, 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 improvements at the intersection of Fischer Hallman Road and New Dundee Road, 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:
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- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
- Part of Lot 9, Beasley’s New Survey, Township of Waterloo, being Parts 1 and 3 on 58R-21999, (Part of PIN 22723-0035), City of Kitchener (2315 Fischer Hallman Road, City of Kitchener)
And that staff be instructed to register a Plan of Expropriation for the properties within three months of the granting of the approval to expropriate the properties, 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 properties 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 properties 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, Engineering & Environmental Services, that such lands, or any part or interest thereof, are not required for the subject Project.
2. That the Regional Municipality of Waterloo approve the expropriation of lands for improvements at the intersection of Roseville Road (Regional Road 46) and Edworthy Side Road (Regional Road 71), in the Township of North Dumfries, in the Regional Municipality of Waterloo, as detailed in Report PDL-LEG-24-022, dated September 10, 2024, described as follows:
Fee Simple Partial Taking:
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- Part of Lot 19, Concession 11, being Part 6 on 58R-21981, (Part of PIN 03849-0049), Township of North Dumfries, (1636 Edworthy Side Road, Township of North Dumfries)
- Part of Lot 18, Concession 11, being Part 8 on 58R-21981, (Part of PIN 03797-0225), Township of North Dumfries, (1435 Roseville Road, Township of North Dumfries)
Temporary Easement – Grading:
The right and easement, being a temporary easement in gross, for the free and unobstructed, right, interest and easement terminating, for the subject property set out below, on the 31st day of December, 2026, 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 improvements at the intersection of Roseville Road and Edworthy Side Road, 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:
- Part of Lot 23, Concession 12, being Part 1 on 58R-21981, (Part of PIN 03849-0036), Township of North Dumfries, (1556 Roseville Road North, Township of North Dumfries)
- Part of Lot 22, Concession 12, being Part 5 on 58R-21981, (Part of PIN 03849-0039), Township of North Dumfries, (1534 Roseville Road North, Township of North Dumfries)
- Part of Lot 19, Concession 11, being Part 7 on 58R-21981, (Part of PIN 03849-0049), Township of North Dumfries, (1636 Edworthy Side Road, Township of North Dumfries)
And that staff be instructed to register a Plan of Expropriation for the properties within three months of the granting of the approval to expropriate the properties, 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 properties 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 properties 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, Engineering & Environmental Services, that such lands, or any part or interest thereof, are not required for the subject Project.
3. WHEREAS the Kissing Bridge Trailway (KBT) is a 45 km component of the Goderich to Guelph Rail Trail (G2G Trail) that stretches across the northern portion of the Region from Guelph to Millbank; and
WHEREAS this trail is an important Regional tourist destination with economic benefits to the Region; and
WHEREAS the KBT, as a component of the G2G Trail, is jointly leased by the Province of Ontario to the County of Wellington and the Region of Waterloo for use as a recreational trail; and
WHEREAS the KBT as it exists is approximately 2.5 metres wide; and
WHEREAS there are two gaps in the KBT that prevent it from becoming an entirely off-road trail: 1) crossing of the Grand River near West Montrose (Woolwich Township); and 2) crossing of the Conestogo River in Wallenstein (Wellesley Township); and
WHEREAS the detour route for the Conestogo River crossing in Wallenstein requires users to traverse along Line 86 utilizing the shoulder of the highway and crossing the vehicular bridge over the Conestogo River; and
WHEREAS this detour route is considered very dangerous due to the high volume of traffic, including many heavy trucks, with no sidewalks or trails for safe pedestrian/cyclist use; and
WHEREAS unprecedented private funding has been pledged to design and construct a new pedestrian bridge along the KBT over the Conestogo River if the project can be completed in the short term; and
WHEREAS significant structural engineering and environmental approval work has already been completed for the project by engineers and environmental consultants qualified to practice in the Province of Ontario that should be used to guide detailed design work and project approvals rather than duplicating this work;
THEREFORE BE IT RESOLVED THAT the Council of the Region of Waterloo direct staff to prioritize analysis of design and construction for the Conestogo River Bridge project, utilizing previously completed engineering and environmental work to the greatest extent possible, with the intent of possible construction in 2025; and further,
THAT staff be directed to work closely with partners including the KBT Steering Committee, Township of Wellesley, County of Wellington, G2G Rail Trail, and community volunteers, to present viable and reasonable design options and standards for this project, including a width of 2.4 metres, that meet Ontario Engineering standards for pedestrian bridges that may or may not meet all Region of Waterloo standards or guidelines; and further,
THAT staff be directed to apply for funding for this project under the Community Sport and Recreation Infrastructure Fund through the Province of Ontario, and any other applicable funding streams, to offset costs; and further,
THAT staff consider utilizing external consultants or a short-term contract position to manage this project rather than an additional Full-Time Employee (FTE).
And that Staff be directed to bring a report to the Sustainability, Infrastructure, and Development Committee on November 5th to outline cost breakdowns and timelines associated with this project.
And further that Staff provide a report on provincial funding on September 25th Council meeting.