Expropriation of Property Located on Fort Road

Expropriation of Property Located on Fort Road

Recommendation:
That Transportation and Public Works Committee recommend to City Council:
That Administration take all steps required by the Expropriation Act, including the use of a Section 30 Agreement if warranted, to expropriate an 863.31 square-metre portion of the property legally described in Attachment 2 of the June 13, 2007, Asset Management and Public Works Department report 2007PW3713.

Report Summary

The subject property is required for the widening of Fort Road and as an acceptable agreement has not been reached, City Council approval is required to initiate expropriation of the portion of the property described in Attachment 2 of the June 13, 2007, Asset Management and Public Works Department report 2007PW3713.

Previous Council/Committee Action

At the December 14, 2004, City Council meeting, the funding for Project 04-66-1484, Fort Road Design and Land Acquisition was approved.

Report

  • The Transportation Department requires the 863.31 square-metre portion of the property shown on Attachment 1 for the widening of Fort Road, west of 66 Street. Construction on this component of the Fort Road project is scheduled to commence in spring 2008.
  • Negotiations with the property owner, to date, have not been successful in achieving an agreement to purchase the required road widening land from the subject property.
  • Administration will continue to negotiate with the owner; however, as negotiations have not yet resulted in an agreement, Administration recommends the expropriation of the required land in order to ensure ownership and possession of the land by March 2008.
  • Funding for the acquisition of land required for this project will be through the Transportation Department Capital Priorities Program (CPP) 04-66-1484.
  • All other land required for the current Fort Road widening project west of 66 Street has either been purchased by the City or is under agreement to be purchased by the City.

Legal Implications

  • Expropriation of the required portion of the property described in Attachment 2 must be carried out in compliance with the procedures set out in the Expropriation Act.
  • Owners have a right to object to the intended expropriation and have an Inquiry Officer conduct an inquiry into whether the intended expropriation is fair, sound and reasonably necessary in order to achieve the City’s objectives. Should an inquiry proceed, Council will review the Inquiry Officer’s decision as part of its deliberations as an Approving Authority under the Expropriation Act.
  • TheLand Compensation Board will determine the amount of compensation payable to the owners if the ownersare dissatisfied with the proposed paymentmade by the City or are unable to reach an agreement with the City.

Justification of Recommendation
Commencement of expropriation proceedings is required at this time in order to ensure ownership and possession of the required road widening land by March 2008 when construction will commence.

Attachments

  1. Plan of Subject Land
  2. Legal Description and Registered Interests for Subject Property
  3. Corporate Registry Search

Others Approving this Report

J.Tustian, General Manager, Corporate Services Department

Page 1 of 2

Attachment 2

Legal Description and Registered Interests for Subject Property

An interest in fee simple together with all rights, titles and interests in and to the 863.31 square-metre portion of the land legally described as follows and shown on Attachment 1 of this report:

PLAN 8120868, LOT C

EXCEPTING THEREOUT ALL MINES AND MINERALS

This property is registered in the name of LINJAY HOLDINGS INC. as owner of an estate in fee simple in the North Alberta Land Registration District, Land Titles Office, under Certificate of Title Number 992 388 999.

There are two tenants occupying the property:

One is operating as ECONOMY AUTO & EXHAUST LTD. under the lease interest of ECONOMY MUFFLER AND BRAKE SHOP LTD. registered on title as instrument # 042316127.

The second is MR. TRANSMISSION (trade name) operating as a proprietorship. This lease interest is not registered on title.

There is a Mortgage interest registered on title as instrument #992389000 in the name of Wilfred and PeggyVan Hees

Property Details:

Municipal Address: 12629 Fort Road

Required Land Area:863.31 square metres (9,293 sq.ft.) more or less

Parent Property:Site contains 3,060 square metres (32,937 sq.ft.)

and is improved with a 1,129 square-metre (12,152

sq.ft.) service-shop building which is currently

occupied by the businesses of Economy Auto &

Exhaust and Mr.Transmission.

Page 1 of 1Report: 2007PW3713 Attachment 2

Attachment 3

Corporate Registry Search

LINJAY HOLDINGS INC.

  • Directors/Shareholders:WilfredVan Hees and PeggyVan Hees

ECONOMY MUFFLER AND BRAKE SHOP LTD.

(now registered as: Economy Auto & Exhaust Ltd.)

  • Director:KlaasSlomp
  • Shareholder:Park Road Holdings Ltd.

Page 1 of 1Report: 2007PW3713 Attachment 3