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6. APPROVAL TO EXPROPRIATE LANDS - Rothbourne Road Re-alignment APPROBATION DE L’EXPROPRIATION DE TERRAINS - PROJET DU NOUVEAU TRACÉ |
Committee RecommendationS
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. The registration of the
plan of Expropriation, service of Notices of Expropriation, Election and
Possession, all pursuant to the Expropriations Act, R.S.O. 1990, c. E-26 as
amended.
RecommandationS du comité
Que le Conseil approuve :
1. l’expropriation des terrains décrits sans
l’Annexe « A » ci-jointe;
2. l’adoption d’un règlement visant
l’expropriation desdits terrains; et
3. l’enregistrement du plan d’expropriation, les
notifications d’expropriation, de choix et de possession, le tout conformément
à la Loi sur l’expropriation, L.R.O. 1990, chap. E-26, modifiée.
Documentation
1. Executive Director's report (Business
Transformation Services) dated 7 January 2008 (ACS2008-BTS-RPM-0001).
Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
7 January 2008 / le 7 janvier 2008
Submitted by/Soumis par : Stephen A. Finnamore, Executive
Director / Directeur exécutif
Business Transformation Services /
Services de transformation des activités
Contact
Person/Personne-ressource : Gordon MacNair, Manager, Real Estate Services
Real Property Asset Management / gestionnaire,
Services immobiliers,
Gestion des biens immobiliers
(613) 580-2424, ext. / poste 21217,
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. The registration of the plan of Expropriation, service of Notices of Expropriation, Election and Possession, all pursuant to the Expropriations Act, R.S.O. 1990, c. E-26 as amended.
RECOMMANDATIONS DU
RAPPORT
Que le Comité des services organisationnels et du
développement économique recommande au Conseil d’approuver :
1.
l’expropriation des terrains décrits
sans l’Annexe « A » ci-jointe;
2.
l’adoption d’un règlement visant
l’expropriation desdits terrains; et
3.
l’enregistrement du plan
d’expropriation, les notifications d’expropriation, de choix et de possession,
le tout conformément à la Loi sur l’expropriation, L.R.O. 1990, chap.
E-26, modifiée.
BACKGROUND
With the expansion of Highway 7 (Hwy 7) between
Highway 417 to the Town of Carleton Place, the Ministry of Transportation (MTO)
advised the City of Ottawa (City) that the proposed design for the four-lane
controlled access highway expansion project on Hwy 7 would result in the
current access from Rothbourne Road being closed.
A joint MTO/City Environmental Study Report (ESR)
was completed in 2002 and it identified a 20 metre wide re-alignment of
the existing alignment in a southerly direction to connect to Hazeldean
Road. Subsequently, Council approved
the Rothbourne Road Realignment Funding Partnership with MTO on 18 December
2002.
As part of this expansion project a new full
interchange will be built where Hazeldean Road connects with Hwy 7. This proposed re-alignment impacts three
property owners. Two of the three
owners signed agreements to allow the project to proceed; however, one owner,
3006484 Canada Ltd., has indicated that it is not prepared to sign an agreement
at this time.
The purpose of this report is to obtain Council
approval 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 Notice of
Possession all pursuant to the Expropriations Act, R.S.O., 1990, c. E-26, as
amended (the Act).
DISCUSSION
The proposed road re-alignment lies between the east
and west halves of Lots 19, Concession 12, geographic Township of
Goulbourn. The larger parcel consists
of 25.75 hectares of which 1.09 hectares is required for the partial taking as
shown on the attached Annex “A”, and for which the authority to expropriate is
requested.
In February 2007 Real Estate Services staff
initiated discussions with the owner to acquire the lands required for this
project. After considerable discussions
over the last six (6) months the City was not able to agree to acceptable terms
with the owner. Based on the importance
of acquiring the lands to allow this project to move forward, expropriation of
the lands is the only remaining viable option.
Expropriation proceedings to acquire the lands
required for this project commenced with Notice of Application for Approval to
Expropriate Land being served on the property owner by registered mail on 5
October 2007. The Notice was published
in the Ottawa Citizen and the Le Droit on 5 October 2007, 12 October 2007 and
19 October 2007. The last date the
owner had to request a Hearing of Necessity under the Expropriations Act to
determine if the taking is “…fair, sound and reasonably necessary in the
achievement of the objective of the expropriating authority”, was 5 November
2007. The owner did request a Hearing
and it was held on 22 November 2007.
The Hearing Officer concluded that the taking was “…fair, sound and
reasonably necessary in the achievement of the objective of the expropriating
authority”.
Upon Council approval, staff will serve the Notice
of Expropriation and Election and the Notice of Possession, together with a
copy of the registered Plan of Expropriation, all pursuant to the Act.
This process 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.
ENVIRONMENTAL IMPLICATIONS
Environmental impacts were addressed in the
Environmental Assessment undertaken for the Rothbourne Road Re-alignment
Project as approved by Council on 26 June 2002. A subsequent Part II Order request was received that resulted in
further analysis of the wetland boundaries in this area. This process resulted in the wetland area
being deemed Provincially Significant and was subsequently approved by the
Ministry of Environment on 22 September 2006.
Staff is reviewing this decision in conjunction with affected owners and
will be reporting back to Council upon completion.
CONSULTATION
The Ward Councillor has been consulted and supports
this approval request.
FINANCIAL IMPLICATIONS
There are no financial implications with regard to
this report. After serving the Notice
to Expropriate upon the owner, staff will be finalizing the Section 25 offer of
compensation (Offer) pursuant to the Act, at which time a further report to
Council will be forthcoming to approve the said statutory offer.
SUPPORTING DOCUMENTATION
Schedule A - Legal
description of subject property
Annex A - Sketch
showing the lands to be expropriated
DISPOSITION
Following
Council’s approval, the Real Property Asset Management and Legal Services
Branches will serve Notices of Expropriation, Election and Possession upon the
registered owner(s).
The
Surveys and Mapping Branch will register the Plan of Expropriation.
SCHEDULE A
1. Part of Lot 19, Concession 12, City of Ottawa (geographic Township of Goulbourn), PIN # 04536-0362.
ANNEX A
Sketch shows the hatched area to be expropriated.
