Insert Report title (same title as on page 1)

Recommendation:
That the City of Edmonton authorize the expropriation of the fee simple interest in: the SE 18-50-2-W5, containing 64.7 hectares, more or less, excepting thereout all mines and minerals; standing in the name of Leslie Donna Koziol, Executrix of the Estate of Sophie Koziol, deceased, for Mary Litzenberger as Beneficiary, as the registered owner in the Land Titles Office under Certificate of Title Number 972 300 871 +2, together with all rights, titles, and interests in this land, including the registered interest of Buck Mountain Gas Co-op Ltd. as Grantee of a Utility Right of Way.

Report Summary

  • Council approval is required to meet the requirements of the Alberta Expropriation Act.

Report

  • EPCOR Inc., a wholly owned corporation of the City of Edmonton, requires this property for mining purposes to operate the Genesee Electrical Generating Station.
  • Construction of the infrastructure for the mining operation on this land is scheduled to commence in the Fall of 1998.
  • Negotiations with the lawyer for the owner of the property have not resulted in an acceptable all inclusive agreement.
  • The lawyer for the owner advises that the settlement of the estate and transfer of title to the beneficiary is imminent.

Legal Implications

  • If a settlement cannot be negotiated, the final compensation will be determined by the Land Compensation Board.

Justification of Recommendation

  • Construction is scheduled to commence in the Fall of 1998, therefore considering the timeframe necessary to acquire the property under the expropriation process, expropriation proceedings must be implemented now.

Background Information Attached

  1. Information sheet
  2. Plan of Property
  3. Acquisition Justification Report
  4. Corporate Registry Search

(Page 1 of 1)

Attachment 1

Information Sheet

Expropriation of Land:

1.Dept. File No.95-AC-1153

2.Legal DescriptionSE 18-50-2-W5

3.Tax Roll (& Holding) Nos.3335.000 - County of Leduc (232284)

4.OwnerMary Litzenburger (Beneficiary in the Estate of Sophie Koziol)

5.LocationGenesee

6.Land Use DistrictAgricultural

7.Land Dimensions½ mile x ½ mile

8.Land Area64.7 ha (160 ac.)

9.Existing ImprovementsVacant farm land

10.Appraised Value $105,000

11.Gross Income$2,100 (Estimated annual rent)

12.OccupancyOwnerX Tenant

13.Initiated byCityX Owner

14.Source of Funds EPCOR Inc. Account #11-751-600401-1002-000-5690,

Work Order No. 772426 (Genesee Land and Rights)

15.Per Hectare Value$1,622.87/ha ($656.25/ac).

16.County Assessment (1997)Land $21,350.00Buildings NilTaxes $322.38

17.RemarksThis property is required by EPCOR Inc. for mining purposes to operate the

Genesee Electrical Generating Station.

M-576me

(R97-077)

Attachment 1 - Page 1 of 1

Attachment 4

Corporate Registry Search

NAME OF COMPANY:Buck Mountain Gas Co-op Ltd.

REGISTERED OFFICE:Box 209 , Warburg, Alberta T0C 2T0

INCORPORATION DATE:April 5, 1974

DIRECTORS:Greenhough, Harvey

General Delivery, Warburg, AB T0C 2T0

Fenneman, Allan

Breton, AB T0C 0P0

Klat, William

General Delivery, Thorsby, AB T0C 2P0

Leeder, Hubert

Breton, AB T0C 0P0

Turgeon, John

Thorsby, AB T0C 0P0

Martin, Dennis

General Delivery, Lindale AB T0C 1W0

CHAIRPERSONLachance, Francis

General Delivery, Lindale, AB T0C 1W0

MANAGERCourchesne, Rheal

General Delivery, Wetaskiwin, AB

OTHER POSITIONBegg, Gene

RR 2, Warburg, AB T0C 2T0

Tomaszeski, Donna

General Delivery, Thorsby, AB T0C 2P0

Boles, Bruce

General Delivery, Thorsby, AB T0C 2P0

SECRETARYSharp, Harvey

General Delivery, Winfield, AB T0C 2X0

TREASURERSpratt, Len

Box 209, Warburg, AB T0C 2T0

DATE OF SEARCH:November 26, 1997

(R97-077)

Attachment 4 - Page 1 of 1