4. APPROVAL TO
EXPROPRIATE LANDS NORTH-SOUTH LIGHT RAIL TRANSIT CORRIDOR PROJECT, RIDEAU
CENTRE TO WOODROFFE AVENUE, CITY OF OTTAWA – ZORA KUSTEC, TOMIC JURINIC, OLGA
VOLK
NORD-SUD DU
PROJET DE TRAIN LÉGER, CENTRE RIDEAU AU CENTRE DE BARRHAVEN, VILLE D’OTTAWA –
ZORA KUSTEC, TOMIC JURINIC, OLGA VOLK |
That Council approve:
1.
The expropriation
of the lands set out in the attached Schedule "A";
2.
The enactment of an
expropriation by-law to expropriate the said lands; and
3. Registration of the plans of Expropriation, service of Notices of Expropriation, and Election and service of Notices of Possession, all pursuant to the Expropriations Act R.S.O. 1990.
4. The payment of $30,136.87, which represents the current professional fees paid to date by the owners.
Que le Conseil approuve :
1.
l’expropriation
des terrains mentionnés dans l’Annexe « A » ci-jointe;
2.
l’adoption
d’un règlement sur l’expropriation en vue d’exproprier lesdits terrains;
3.
l’enregistrement
des plans d’expropriation, la signification d’avis d’expropriation, le choix et
la signification d’avis de prise de possession, tous conformément à la Loi
sur l’expropriation, L.R.O. 1990.
4.
le
paiement de 30 136,87 $, somme qui représente les honoraires actuels payés par
les propriétaires jusqu’à présent.
1.
Chief
Corporate Services Officer’s report dated 18 January 2006
(ACS2006-CRS-RPM-0005).
Report
to / Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels et du
développement économique
and Council /et au Conseil
18 January 2006 / le 18 janvier 2006
Submitted by / Soumis par : Greg Geddes, Chief Corporate
Services Officer/
Chef des services généraux
Contact Person /
Personne ressource : Gordon MacNair ,Acting Manager, Real Estate Services
Real Property Asset Management / Gestion des
actifs et des biens immobiliers
(613) 580-2424 x21217, Gordon.MacNair@ottawa.ca
REPORT RECOMMENDATIONS
That the Corporate Services and Economic Development Committee
recommend Council approve;
1. The expropriation of
the lands set out in the attached Schedule "A";
2. The enactment of an
expropriation by-law to expropriate the said lands; and
3. Registration of the plans of Expropriation, service of Notices of Expropriation, and Election and service of Notices of Possession, all pursuant to the Expropriations Act R.S.O. 1990.
4. The payment of $30,136.87, which represents the current professional fees paid to date by the owners.
Que le
Comité des services organisationnels et du développement économique recommande
au Conseil d’approuver :
1. l’expropriation des terrains mentionnés
dans l’Annexe « A » ci-jointe;
2. l’adoption
d’un règlement sur l’expropriation en vue d’exproprier lesdits terrains;
3. l’enregistrement des plans
d’expropriation, la signification d’avis d’expropriation, le choix et la
signification d’avis de prise de possession, tous conformément à la Loi sur
l’expropriation, L.R.O. 1990.
4. le
paiement de 30 136,87 $, somme qui représente les honoraires actuels payés par
les propriétaires jusqu’à présent.
BACKGROUND
City Council, in the 2005 Capital Budget, approved funding for property acquisition required for the construction of the North-South Light Rail Transit Corridor Project from the Rideau Centre to Woodroffe Avenue. The purpose of this report is to obtain City Council approval and authorization to expropriate the lands required to facilitate this project, to register the required Plans of Expropriation, to serve Notices of Expropriation and Election, as required under Sections 9 and 10 and to serve Notices of Possession all pursuant to the Expropriations Act R.S.O. 1990.
The Light Rail Transit Corridor
Project, including the construction of the Strandherd Bridge, will require land
from the property owned by Zora Kustec, Tomic Jurinic and Olga Volk as set out
in Schedule “A” and shown on Annex “A”, both attached hereto. Subsequent to the approval of the project by
the City of Ottawa Council on 15 July 2005 (ACS-2005-PGM-ECO-0016), Real Estate
Services staff undertook negotiations with the property owners for the
acquisition of the property requirements.
City staff initiated negotiations with the owners with a
view to an outright acquisition of their property pursuant to the requirements
set out in the Strandherd Bridge EA and the North-South Light Rail Transit
Corridor Project EA. The
owners/residents of the property expressed considerable concern with regard to
the City’s intent to acquire the family property. Staff investigated the need to acquire the entire property and
determined that, while the lands may be required for the potential ultimate
LRT/Strandherd bridge construction, not all of the lands were required for the
present project. Staff were able to
reduce the taking to just those lands affected by the proposed bridge
construction thereby leaving the two residences and one cottage and allowing
the two owner/residents and one owner/cottager to remain on the property.
Expropriation proceedings to acquire lands from this property commenced with Notice of Application for Approval to Expropriate Land, being served on the property owners by registered mail on 26 August 2005. The notices were published in the Ottawa Citizen and Le Droit on 26 August 2005, 2 September 2005 and 9 September 2005. The last date, which the owners had to request a Hearing under the Expropriations Act to determine if the taking was “fair, sound and reasonably necessary in the achievement of the objective of the expropriating authority”, was 30 September 2005. The owners did request a hearing. However, based on the above reduction of the taking, staff were able to negotiate an amicable agreement which will allow the owners to remain on their property. This necessitates the realignment of the driveway lost through construction and consideration for the loss of landscaping. As a result of these negotiations the owners have withdrawn the request for the hearing.
This report is seeking approval to expriopriate the fee simple interest in Parcel A containing 1742.3m2 and a limited interest in Parcel B (R-O-W) containing 127.8m2, both shown on attached Annex “A” with payment for professional fees to-date related to the expropriation in the amount of $30,136.87 (legal fees $20,985.48, appraisal fees $2,889.00 and planning fees $6,262.39).
The City must proceed with the expropriation of the lands set out in Schedule “A”, attached, which will be followed by the finalization of compensation to be paid, either by way of further negotiations, or by order of the Ontario Municipal Board.
CONSULTATION
Public consultation was part of the Environmental Assessment Report process and included public open houses and notices. The Ward Councillor has been made aware of the proposed expropriations.
Environmental impacts were addressed in the Environmental Assessment undertaken for the Light Rail Transit Project as approved by City Council on 15 July 2005.
The
property expropriation requested through this report will help move forward the
north-south light rail transit corridor project to enhance the City's transit
system. This project is intended to
contribute to the City's goal of increased transit ridership of 30% modal share
by the year 2020, approved by Council in 2003.
In turn, greater transit ridership will reduce the number of single
occupancy vehicles on our roads and contribute to the City's goal, approved by
Council in 2005, to reduce community-generated greenhouse gases by 20% by the
year 2012, relative to 1990 greenhouse gas emissions.
FINANCIAL IMPLICATIONS
Failure to acquire the needed property in a timely manner will result in costs and penalties related to delays in construction. This report recommends professional fees, to-date in the amount of $30,137, be paid by the City.
FINANCIAL STATEMENT
Account number 903715
Approved Budget to Date $724,715,000
Total Paid and Committed ($4,782,500)
Balance Available $719,932,500
This Request including GST ($30,137)
Balance Remaining $719,631,113
Funds have been provided in the 2006 Capital Budget and are available in Internal Order 903715, N-S Light Rail – Phase 1 (reference page 264).
Attached as Schedule “A” is a legal description of the lands to be expropriated and attached as Annex” A” is a sketch which shows the lands to be expropriated as hatched.
DISPOSITION
Following
Council’s approval, Real Property Asset Management
and Legal Services Branches will finalize the expropriation.
SCHEDULE “A”
ANNEX “A”