HomeMy WebLinkAboutCRPS-05-046 - Expropriation of Land - Doon Village Rd. Diversion
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor Zehr and Members of Council
March 21 , 2005
Fiona M. McCrea, Assistant City Solicitor
Fiona M. McCrea, Assistant City Solicitor
Wards 3 & 4
March 16, 2005
CRPS-05-046
Expropriation of Land owned by Sestan Electric Construction
Limited - Doon Village Road Diversion
RECOMMENDATION:
That the City Solicitor, be and is hereby authorized to negotiate a settlement of the claim for
compensation made by Sestan Electric Construction Limited in respect of the expropriation of
part of its lands described as Part Lot 2, Biehn's Tract being Part 1 on Expropriation Plan
1563041, City of Kitchener, Regional Municipality of Waterloo, on terms approved of by Council
BACKGROUND:
On or about November 4, 2002 the City expropriated part of Sestan's lands to construct the
Doon Village Road Diversion. On or about February 4, 2003 the City served Sestan with its
offer of compensation. Since that time Sestan requested and subsequently withdrew an appeal
on the necessity of the expropriation. Sestan also requested a hearing before the Board of
Negotiation (being the Ontario Municipal Board) on the issue of compensation and a date has
not yet been set. In November, 2004 Sestan Electric served the City with its appraisal report
setting out its claim for compensation. Staff met with Sestan's legal counsel late January, 2005
to discuss the outstanding issues.
CONCLUSION:
Staff are recommending that the total claim for compensation by Sestan Electric be negotiated
by settlement on terms approved by Council
Fiona M. McCrea, Assistant City Solicitor
c.c. Robert Shamess, Director of Engineering
Jeff Will mer, Director of Planning
Larry Masseo, Manager of Design & Development