Insert Report title (same title as on page 1)

Recommendation:
That the City of Edmonton hereby authorizes the acquisition of Plan 982-3947, Block One (1), Lot: portions of One (1) and Two (2), excepting thereout all mines and minerals, from Classic Landscapes Limited for the payment of $625,000.00 with final compensation to be determined pursuant to the provisions of Section 30 of the Expropriation Act.

Report Summary

The Transportation and Streets Department requires this land to facilitate the construction of the Calgary Trail/Ellerslie Road Interchange and to construct a storm water retention pond.

Previous Council/Committee Action on this issue

  • The Transportation and Streets Department’s 1999 Capital Budget (including Program #8305 North/South Trade Highway Project, (which includes the Calgary Trail/Ellerslie Road Interchange) was approved by Council on December 18, 1998.
  • City Council at its meeting of December 14, 1999, authorized the expropriation of Lot 1 and a portion of Lot 2.

Report

  • There exists a degree of urgency in this matter as the owner’s Agreement for Sale for the land required to facilitate the storm water retention pond expires on April 28, 2000.
  • Construction is scheduled to commence in the Summer of 2000.
  • Negotiations with the owner have resulted in an acceptable Section 30 Agreement.
  • The General Terms and Conditions of this acquisition are outlined on Attachment 1.

Legal Implications

  • If a subsequent all-inclusive settlement cannot be negotiated with the owners, the final compensation will be determined by the Land Compensation Board.
  • City Council approval is required to meet the requirements of the Alberta Expropriation Act.

Justification of Recommendation

This acquisition, under Section 30 of the Expropriation Act, will give the City vacant possession of the land no later than July 1, 2000. The Offered Payment is the minimum compensation likely to be awarded by the Land Compensation Board.

Background Information Attached

  1. Terms and Conditions of Section 30 Agreement.
  2. Information Sheet
  3. Information Sheet
  4. Property Site Plan

a)Existing Parcel Configuration

b)Proposed Parcel Configuration

  1. Acquisition Justification Report
  2. Corporate Registry Search

Others Approving this Report

  • R. Millican, Transportation and Streets

(Page 1 of 1)

Attachment 1

General Terms and Conditions of Section 30 Acquisition

Classic Landscapes Limited

Plan:982-3947

Block:One (1)

Lots:One (1) and Two (2)

1.Basis of Offered Payment:

  • market value of land ($31,950/ac):$ 217,000.00
  • Disturbance damages:$ 40,950.00

$257,950.00

  • Offered Payment is applicable to areas outlined in #11.

2.Owner agrees to convey title to property on closing date (April 28, 2000).

3.City to obtain vacant possession no later than July 1, 2000.

  1. Owner responsible for property until vacant possession.
  1. Owner has agreed to forego the Inquiry Hearing.
  1. City to pay for reasonable relocation costs, once relocation has taken place.
  1. City to pay for reasonable legal and appraisal costs once determined.
  1. Classic has also purchased under an Agreement for Sale dated January 12, 2000, the adjacent property Lot 2, Block 1, Plan 982-3947.
  1. Classic has agreed to assign rights to Lot 2, Block 1, Plan 982-3947 in amount of Classic’s purchase price of $625,000.00.

-The price of $625,000 is the purchase price for Lot 2.

-Value is 14.78 ac x $42,287/ac = $625,000

  1. Classic will reimburse the City for surplus portion of Lot 2, Block 1, Plan 982-3947 that is not required by City for the storm water retention pond.

-$42,287 x 6.10 ac (2.472 ha) = $257,950

  1. City requires from Lot 1, Block 1, Plan 982-3947, 2 parcels totalling (1.300 ha (3.21 ac) + 1.454 ha (3.59 ac) = 2.754 ha. (6.80 ac) m/l, (required roadway land plus land to facilitate the relocation of Atco Pipelines).
  1. City requires from Lot 2, Block 1, Plan 982-394), 2 parcel containing 2.949 ha for construction for dry storm water retention pond and a road widening requirement of 0.558 ha.
  1. City will grant Classic a Right of First Purchase once the use of the storm water retention pond has been terminated and land is declared surplus.

Attachment 1 - Page 1 of 2

Attachment 2

INFORMATION SHEET

Acquisition of Land under Section 30 of the Expropriation Act:

1.Dept. File No.98-AC-1304

2.Legal DescriptionLot 1, Block 1, Plan 982-3947

3.Tax Roll No.9958745

4.OwnerClassic Landscapes Limited

5.Location10012 – Ellerslie Road

6.Land Use DistrictAG – Agricultural District

7.Land Area5.98 ha (14.78 acres)

8.Existing ImprovementsVacant Land improved with fence and trees and shrubs

as part of a landscape operation

9.Appraised Value$465,000 (14.78 Ac x $31,500)

10.OccupancyOwner-occupied

11.Initiated byCity

12.FinancingCPP # 96-66-8305, Account 221080

13.RemarksThis property is required in total for the implementation of the Ellerslie

Interchange. Construction is to commence in July, 2000.

M-576me

Attachment 2 - Page 1 of 1

Attachment 3

INFORMATION SHEET

Acquisition of Land under Section 30 of the Expropriation Act:

1.Dept. File No.98-AC-1303

2.Legal DescriptionPlan 982-3947, Block 1, Lot 2

3.Tax Roll No.9958746

4.OwnerClassic Landscapes Limited

5.Location9930 – Ellerslie Road

6.Land Use DistrictAG – Agricultural District

7.Land Area5.98 ha (14.78 acres)

8.Existing ImprovementsVacant Land

9.Negotiated Value$625,000 (14.78 x $42,287/ac)

10.OccupancyOwner-occupied

11.Initiated byCity

12.FinancingCPP # 96-66-8305, Account 221080

13.RemarksThis acquisition represents a requirement for purposes of a dry storm water

retention pond and also road widening purposes. Construction is to

commence in July, 2000.

M-576me

Attachment 3 - Page 1 of 1