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13. ABANDONMENT OF EXPROPRIATION AND PROPERTY ACQUISITION - ABANDON DU PLAN
D'EXPROPRIATION ET ACQUISITION DE TERRAIN - |
Committee Recommendations
That Council:
1. Declare that seven
(7) parcels of vacant land, consisting of approximately 3184.5 m2, (34,278.0
ft2) being parts of Lots 1 and 2, Concession 1, Rideau Front, and
Parts of Lot 2, Concession 2, Rideau Front, geographic Township of Nepean, now
in the City of Ottawa, described as Parts 1, 2, 3, 4, 5, 6 and 7 on
Expropriation Plan CR632213, as shown on Annex "A" attached, be
hereby abandoned;
2. Approve the
acquisition of a parcel of vacant land, consisting of approximately 653.6 m2
(7035.4 ft2), in the geographic Township of Nepean, now in the
City of Ottawa as shown on Annex "B" attached to this report required
for the widening and rehabilitation of the intersection at Rideau Valley Drive
and Bankfield Road, from Percy Neil Stinson for the total consideration of
$32,010.00 plus reasonable professional fees (legal, appraisal,) related to
this transaction.
Recommandations du comité
Que le Conseil :
1. déclare que les
procédures d'expropriation visant les sept (7) parcelles de terrain vacant,
d'une superficie d'environ 6 024 m2, faisant partie des lots 1 et 2,
concession 1, et du lot 2, concession 2, façade rivière Rideau, canton
géographique de Nepean, maintenant dans la ville d'Ottawa, décrites comme les
parties 1, 2, 3, 4, 5, 6 et 7 dans le plan d'expropriation CR632213 et constituant
les parties 1, 2, 3, 4, 5, 6 et 7 dans l'annexe A ci-après sont
abandonnées; et
2. approuve l'acquisition
d'une parcelle de terrain vacant, d'une superficie d'environ 653,6 m2
(,16ac), dans le canton géographique de Nepean, maintenant dans la ville
d'Ottawa, telle qu'illustrée dans l'annexe B ci-après, aux fins de
l'élargissement et de la réfection de l'intersection de la promenade Rideau
Valley et du chemin Bankfield et conformément à l'accord
d'acquisition de terrain conclu avec Percy Neil Stinson la valeur dudit terrain
étant de 32 010 $.
Documentation
1. Executive Director's report (Business
Transformation Services) dated 20 November 2007 (ACS2007-BTS-RPM-0037).
Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
20 November 2007 / le 20 novembre 2007
Submitted by/Soumis par : Stephen A. Finnamore, Executive
Director, Business Transformation Services / Directeur exécutif, Services de
transformation des activités
Contact
Person/Personne ressource : Gordon MacNair, Manager, Real Estate Services
Real Property Asset
Management/Gestion des actifs des biens immobiliers
(613) 580-2424 x 21217,
Gordon.MacNair@ottawa.ca
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SUBJECT: |
ABANDONMENT OF EXPROPRIATION and property
acquisition - 4386 Rideau Valley Drive |
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OBJET : |
ABANDON du plan
d'eXPROPRIATION ET ACQUISITION DE TERRAIN – 4386 promenade Rideau Valley |
REPORT
RECOMMENDATIONS
That the
Corporate Services and Economic Development Committee recommend Council:
1. Declare that seven (7) parcels of vacant
land, consisting of approximately 3184.5 m2, (34,278.0 ft2)
being parts of Lots 1 and 2, Concession 1, Rideau Front, and Parts of Lot 2,
Concession 2, Rideau Front, geographic Township of Nepean, now in the City of
Ottawa, described as Parts 1, 2, 3, 4, 5, 6 and 7 on Expropriation Plan
CR632213, as shown on Annex "A" attached, be hereby abandoned;
2. Approve the acquisition of a parcel of
vacant land, consisting of approximately 653.6 m2 (7035.4 ft2),
in the geographic Township of Nepean, now in the City of Ottawa as shown on Annex "B"
attached to this report required for the widening and rehabilitation of the
intersection at Rideau Valley Drive and Bankfield Road, from Percy Neil Stinson
for the total consideration of $32,010.00 plus reasonable professional fees
(legal, appraisal,) related to this transaction.
RECOMMANDATIONS DU RAPPORT
Que le Comité des
services organisationnels et du développement économique recommande au
Conseil :
1. de déclarer que les
procédures d'expropriation visant les sept (7) parcelles de terrain vacant,
d'une superficie d'environ 6 024 m2, faisant partie des lots 1 et 2,
concession 1, et du lot 2, concession 2, façade rivière Rideau, canton
géographique de Nepean, maintenant dans la ville d'Ottawa, décrites comme les
parties 1, 2, 3, 4, 5, 6 et 7 dans le plan d'expropriation CR632213 et
constituant les parties 1, 2, 3, 4, 5, 6 et 7 dans l'annexe A ci-après
sont abandonnées; et
2. d'approuver
l'acquisition d'une parcelle de terrain vacant, d'une superficie d'environ
653,6 m2 (,16ac), dans le canton géographique de Nepean, maintenant dans
la ville d'Ottawa, telle qu'illustrée dans l'annexe B ci-après, aux fins
de l'élargissement et de la réfection de l'intersection de la promenade Rideau
Valley et du chemin Bankfield et conformément à l'accord
d'acquisition de terrain conclu avec Percy Neil Stinson la valeur dudit terrain
étant de 32 010 $.
BACKGROUND
In
the 2006 Capital Budget, City Council approved funding for the rehabilitation
of the intersection of Rideau Valley Drive and Bankfield Road. In order to
facilitate the construction of their project including intersection modifications
at this location, it is necessary for the City to acquire a parcel of vacant
land in fee simple from Percy Neil Stinson (Percy Stinson).
On 1
June 1973 the former Regional Municipality of Ottawa Carleton (RMOC)
expropriated lands owned by Percy Stinson, described as being Parts 1, 2, 3, 4,
5, 6 and 7 on Plan of Expropriation CR632213 (Percy Stinson), as shown on Annex
"A", attached.
The Expropriations Act (the
"Act") requires that a Notice of Possession and Offer of Compensation
be served upon the owner of the lands within 90 days following registration of
the Plan of Expropriation. The Notice of Possession and the Offer of
Compensation were not served on Percy Stinson within the required time frame as
specified under the Act. An attempt by the RMOC to serve the statutory Notice
of Possession and Offer of Compensation on 21 June 1974 failed as it was made
approximately 9 months after the expiry of the time frame required under the
Act.
In
July of 1974, Percy Stinson made Application to the Court for an Order
restraining the RMOC from proceeding with the any construction on his lands
associated with reconstruction and realignment of the Rideau Valley Drive and
Bankfield Road abutting Percy Stinson’s lands. On 9 July 1974, the Court order
that:
a)
the RMOC was restrained until 21 September 1974
from taking possession of the lands; and
b)
the RMOC was further restrained until a trial
"or other disposition of this action" from taking possession of the
subject lands.
In
1976 the matter was revisited by the RMOC and it was suggested that perhaps a
reduced land requirement at the intersection of Bankfield Road and Rideau
Valley Drive would be adequate for potential reconstruction requirements. It
was recommended by RMOC Staff that a smaller portion of lands than those
Expropriated by Plan CR632213 at the intersection of Bankfield Road an Rideau
Valley Drive be retained by the former RMOC and the balance of the lands under
Expropriation Plan CR632213 be abandoned and revert back to Stinson. There is
no evidence that the RMOC acted on this recommendation.
No
trial was held in this matter. The RMOC did not take possession nor pursue
other legal venues to take possession of the lands under Expropriation Plan
CR632213. Percy Stinson was not compensated for the lands expropriated pursuant
to Plan CR632213. Notwithstanding the registration of Expropriation Plan
CR632213, Percy Stinson has remained in continual possession of the lands on
Expropriation Plan CR632213. This matter has remained in abeyance since 1976.
DISCUSSION
The
subject property consists of approximately 30 acres of agricultural land,
improved by a 1½ storey agricultural homestead, barn and storage garages
fronting on the north side of Bankfield Road and the west side of Rideau Valley
Drive. The subject property is situated within the Rural Agricultural Zone (RU)
and is located within the Village of Manotick limits under the City of Ottawa
Official Plan. In order to facilitate the roadway and intersection
modifications at Bankfield Road and Rideau Valley Drive, the City requires
653.6m2 (7035.4 ft2) of vacant land from the subject
property owned by Percy Neil Stinson and Doris Stinson (the owner) as shown on
the Annex "B" attached.
An
independent appraisal, commissioned by the City, and as reviewed by the City
appraisal staff resulted in an indicated market value of the fee simple
interest of the lands to be $7,200. The
owner and their lawyer estimate the market value of the fee simple interest in
lands to be $9,600. However, the owner did not commission an independent
appraisal to support their opinion. Construction of the project is scheduled to
commence in the fall of 2007. Given the time constraints with respect to the
commencement of construction, associated costs of project delay and further
appraisal, legal and other costs, it is considered that the difference between
the market value estimates (about $2,400) is a cost-efficient measure to effect
settlement.
Negotiations
with Stinson have resulted in an agreement for the lands shown on Annex
"B" and settlement of all matters stemming from the 1973
Expropriation per Plan CR632213, in the amount $32,010 plus GST and reasonable
legal fees. The particulars of which
are as follows:
Land
value: (0.16ac @ $60,000/ac) $ 9,600
Disturbance
damage: (landscaping and trees) 14,910
Consequential
Damages: (pursuant to section 41 of the Expropriations
Act)
7,500
Total
Settlement: $32,010
The 1974 court Action will be vacated by the owner. The
settlement is inclusive of all entitlements under the Expropriations Act and
the owner will release any and all claims he may have under this acquisition
and the 1974 Expropriation.
The
disturbance damage is supported by an estimate provided by the City Forestry
Services and independent landscaping estimates provided by the owner. A
comparison of these estimates was made and the settlement is reasonable and
consistent with the estimates provided.
Given
that the owner was not compensated for the expropriated lands, he is entitled
to make an election pursuant to Section 41(1) of the Expropriations Act.
Pursuant to this section of the Act, the owner has the option to either:
(a)
require the City to retain the land,
in which case Stinson would be entitled to full compensation for the expropriated lands; or
(b)
the owner can take the expropriated lands back,
in which case the owner is entitled to consequential damages.
The
owner has elected option (b) above and accordingly he and his lawyer estimated
the legal and court costs incurred as a consequence of the 1974 expropriation
and court action. Given the lapse in time, the owner was unable to produce the
original accounting of these costs. In light of the complexity of the matter,
court documents filed and the years of legal and file correspondence, it was
determined that the estimated compensation for consequential damages is
reasonable and consistent with the affirmations made.
The agreement is recommended for
approval.
Parts
1 to 7, both inclusive, on Expropriation Plan No. CR632213 as shown on Annex
"A" attached were reviewed by Public Works and Services Department,
Planning, Transit and the Environment Department and the Surveys and Mapping
Unit to determine if the lands under Expropriation Plan CR632213 could be
abandoned by the City. No concerns were expressed with respect to the
abandonment of the lands as shown on Annex "A" attached hereto, save
and except the City's current requirements for the intersection rehabilitation
as shown on Annex "B" attached hereto.
The
utility companies were also circulated and no requirements were indicated.
ENVIRONMENTAL
IMPLICATIONS
The
property has been reviewed through the Historic Land Use Inventory and has been
deemed to require no further investigation.
PUBLIC
CONSULTATION
Pursuant
to By-law 2002-52, a notice placed in the Ottawa Citizen newspaper provided
notification to the Public. The Ward Councillor
has been made aware of the current property requirements, and has no concerns
with staff’s recommendation.
FINANCIAL
STATEMENT
Account number 903990
Approved Budget to Date $ 699,000
Total Paid and Committed $
629,285
Balance Available $ 69,715
This Request including GST ($ 33,931 )
Balance Remaining $ 35,784
Funds
have been provided in the 2006 Capital Budget and are available within Internal
Order #903990, Bankfield Road / Rideau Valley Drive Intersection
Rehabilitation, under Reservation #10553443.
SUPPORTING DOCUMENTATION
Attached,
as Annex "A" is a sketch showing the lands to abandoned under
Expropriation Plan CR632213. Annex "B" is a sketch showing the lands
to be acquired by the City for the reconstruction of Rideau Valley Drive and
Bankfield Road.
DISPOSITION
Following Council’s approval,
Real Property Asset Management, Surveys and Mapping and Legal Services Branches
will finalize the transaction.
ANNEX A
ANNEX B
