Expropriation of Three Properties Located Southeast of Fort Road on 63 and 64 Streets
Recommendation:That Executive Committee recommend to City Council:
That Administration commence proceedings to expropriate the properties legally described in Attachment 2 of the December 5, 2006, Corporate Services Department report 2007COL003, and take all steps required by the Expropriation Act in furtherance of the expropriations, either:
a. through the registration of Certificates of Approval of expropriation; and/or
b. through Section 30 Expropriation Agreements whereby an owner consents to the acquisition of the land.
Report Summary
The recommendation in this report seeks to have City Council fulfill its statutory duty as the Approving Authority under the Expropriation Act respecting the intended expropriations of the subject properties described in Attachment 2 of the December 5, 2006, Corporate Services Department report 2007COL003 and approve the expropriation thereof.
Previous Council/Committee Action
· At the August 29, 2006, City Council meeting, the following motion was passed:
That Administration commence expropriation proceedings and take all steps required by the Expropriation Act towards completing the expropriation of the properties legally described in Attachment 2 of the August 8, 2006, Asset Management and Public Works Department report 2006PW3331.
· At the November 1, 2005, City Council meeting, a revised concept plan for the Fort Road Old Town Redevelopment Plan was approved.
· At the December 14, 2004, City Council meeting, the funding for Project 04-66-1484, Fort Road Design and Land Acquisition, was approved.
· At the September 23, 2003, City Council meeting, the following motion was passed:
That the implementation program for the Fort Road Old Town Master Plan be approved as outlined in the August 26, 2003, Planning and Development Department report, including the project structure, timeline and total cost/benefits.
Report
· Following Council’s authorizing resolution at the August 29, 2006, Council meeting, to commence expropriation proceedings respecting the subject properties, Notices of Intention to Expropriate were registered on titles to the properties described in Attachment 2, published in issues of the Edmonton Journal, and served on the registered owners and other necessary parties, all in accordance with the Expropriation Act.
· No Notices of Objection to the intended expropriations in Attachment 2 were received within the time prescribed by the Expropriation Act.
· Administration requires the properties for the implementation of the Fort Road Old Town Master Plan.
· Demolition of buildings on the subject properties and construction work related to the Fort Road Old Town Master Plan is scheduled to commence in June 2007.
Budget/Financial Implications
Funding for acquisition of the properties will be through the Capital Priorities Program (CPP) 04-75-2100.
Legal Implications
· Pursuant to Section 11 of the Expropriation Act, when no notice of objection has been served within the time prescribed by the Act, Council in its capacity as the Approving Authority shall approve or disapprove the proposed expropriations upon proof of service and proof of publication of the Notices of Intention to Expropriate.
· Pursuant to Section 30 of the Expropriation Act, an owner may consent to the expropriation and acquisition of land by an expropriating authority subject to the condition that compensation for the land be determined by the Land Compensation Board. The legal effect of either voluntary or involuntary expropriation and acquisition of land under the Expropriation Act is the same.
Justification of Recommendation
Approval of the expropriations will enable Administration to proceed with the expropriation of the properties required for the implementation of the Fort Road Old Town Master Plan.
Background Information Attached
- Plan of Subject Properties
- Legal Descriptions of Properties
Background Information Available on Request
- Affidavits of Service and Affidavits of Publication (Exhibits included)
Others Approving this Report
· W. D. Burn, General Manager, Asset Management and Public Works Department
· R. Ducharme, General Manager, Transportation Department
(Page 2 of 2)
Attachment 2
Legal Descriptions of Properties
Property #1
An interest in fee simple together with all rights, titles and interests in and to the land registered in the name of BLOEMHOF INDUSTRIES LTD. as owner of an estate in fee simple in the North Alberta Land Registration District, Land Titles Office, under Certificates of Title Numbers 762 174 575, 912 038 650 and 912 038 650 +1 and legally described as follows:
PLAN 4885KS
BLOCK (W)
THE NORTHERLY FIFTY (50) FEET IN WIDTH THROUGHOUT OF
LOT ONE (1)
EXCEPTING THEREOUT ALL MINES AND MINERALS
PLAN 4885KS
BLOCK (W)
LOT ONE (1)
EXCEPTING THEREOUT:
THE NORTHERLY FIFTY (50) FEET THROUGHOUT OF THE SAID LOT
EXCEPTING THEREOUT ALL MINES AND MINERALS
PLAN 4885KS
BLOCK (W)
ALL THOSE PORTIONS OF LOT TWO (2)
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF LOT ONE (1); THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF THE SAID LOT ONE (1), TO THE SOUTH EAST CORNER THEREOF; THENCE SOUTHERLY AND PARALLEL TO THE WEST BOUNDARY OF LOT TWO (2), NINE AND ONE HUNDRED AND FORTY FOUR THOUSANDTHS (9.144) METRES; THENCE WESTERLY AND PARALLEL TO THE SOUTH BOUNDARY OF THE SAID LOT ONE (1) TO THE WEST BOUNDARY OF THE SAID LOT TWO (2); THENCE NORTHERLY THEREON TO THE POINT OF COMMENCEMENT
EXCEPTING THEREOUT ALL MINES AND MINERALS
Property #2
An interest in fee simple together with all rights, titles and interests in and to the land registered in the name of 690616 ALBERTA LTD. as owner of an estate in fee simple in the North Alberta Land Registration District, Land Titles Office, under Certificate of Title Number 992 015 965 and legally described as follows:
PLAN 3600 U
BLOCK TWO (2)
LOT ELEVEN (11)
EXCEPTING THEREOUT: THE SOUTHERLY TWENTY (20) FEET IN
PERPENDICULAR WIDTH THROUGHOUT OF LOT ELEVEN (11).
(EDMONTON – BELVEDERE)
EXCEPTING THEREOUT ALL MINES AND MINERALS
Property #3
An interest in fee simple together with all rights, titles and interests in and to the land registered in the name of EDUARD HEIDEMANN (AUTO BODYMAN) as owner of an estate in fee simple in the North Alberta Land Registration District, Land Titles Office, under Certificate of Title Number 104A215 and legally described as follows:
PLAN 3600U
BLOCK 8
LOTS 1 AND 2
EXCEPTING THEREOUT ALL MINES AND MINERALS
Attachment 2 - Page 2 of 2