|
6. Expropriation of lands, ottawa light rail Transit project – Maintenance and Storage properties on Belfast Road and the station entrance on lyon street, City of Ottawa
EXPROPRIATION DE TERRAINS, PROJET DE TRAIN LÉGER SUR RAIL D’OTTAWA – INSTALLATIONS D’ENTRETIEN ET D’ENTREPOSAGE SUR LE CHEMIN BELFAST ET ENTRÉE DE LA STATION SUR LA RUE LYON, VILLE D’OTTAWA
|
COMMITTEE RECOMMENDATIONS
That Council approve:
1. The expropriation of the lands set out in the attached Schedule "A";
2. The enactment of an expropriation by-law to approve the expropriation of said lands; and
3. The registering of the plans of Expropriation and service of the Notices of Expropriation, Election and Possession pursuant to Sections 9, 10 and 39 of the Expropriations Act.
RECOMMANDATIONS DU COMITÉ
Que le Conseil approuve:
1. expropriation des bien-fonds décrits à l’Annexe A ci-jointe;
2. adoption d’un règlement d’expropriation pour approuver l’expropriation des bien-fonds visés;
3. enregistrement des plans d’expropriation et la signification de l’avis d’expropriation, de choix de la date du calcul de l’indemnité et de possession en application des articles 9, 10 et 39 de la Loi sur l’expropriation.
DOCUMENTATION
1. City Manager’s report dated 18 October 2011 (ACS2011-CMR-REP-0028).
Report to/Rapport au :
Finance and Economic Development Committee
Comité des finances et du développement économique
and Council / et au Conseil
18 October 2011 / le 18 octobre 2011
Submitted by/Soumis par : Kent Kirkpatrick, City Manager/directeur municipal
Contact Person/Personne-ressource: Gordon MacNair, Director,
Real Estate Partnerships and Development Office/gestionnaire, Direction des services immobiliers, Bureau de partenaires immobiliers et du Développement
613-580-2424, ext./poste 21217, Gordon.MacNair@Ottawa.ca
|
City Wide/à l’échelle de la Ville |
REPORT RECOMMENDATIONS
That the Finance and Economic Development Committee recommend that Council approve:
1. The expropriation of the lands set out in the attached Schedule "A";
2. The enactment of an expropriation by-law to approve the expropriation of said lands; and
3. The registering of the plans of Expropriation and service of the Notices of Expropriation, Election and Possession pursuant to Sections 9, 10 and 39 of the Expropriations Act.
RECOMMANDATIONS DU RAPPORT
Que le Comité des finances et du développement économique recommande au Conseil d’approuver :
1. l’expropriation des bien-fonds décrits à l’Annexe A ci-jointe;
2. l’adoption d’un règlement d’expropriation pour approuver l’expropriation des bien-fonds visés;
3. l’enregistrement des plans d’expropriation et la signification de l’avis d’expropriation, de choix de la date du calcul de l’indemnité et de possession en application des articles 9, 10 et 39 de la Loi sur l’expropriation.
BACKGROUND
City Council, by its approval of the 2010 and 2011 Capital Budgets, authorized funding for the design and commencement of property acquisitions for the Ottawa Light Rail Transit (OLRT) Project. Property acquisition is required to ensure all land requirements necessary for the project are available and secured in a timely manner to meet the project schedule.
The purpose of this report is to obtain City Council approval to expropriate properties required in their entirety to facilitate the construction of the project. This process will involve registering the required Plans of Expropriation and the service of Notices of Expropriation, Election and Possession as required under Sections 9, 10 and 39 pursuant to the Act.
DISCUSSION
The OLRT Project will require the full acquisition of properties at the south-west corner of Lyon Street and Albert Street and along the northerly side of Belfast Road and as detailed in Schedule “A” and depicted in attached Documents 1 and 2, respectively. Light Rail Property staff has been in contact with the affected property owners to advise them of the project and the property requirements. The City has obtained independent real estate appraisal reports for the affected properties. Discussions with the owners have been ongoing to facilitate negotiations and to provide lead time for acquisition of suitable replacement properties.
Consistent with the City of Ottawa Acquisition of Real Property Policy (Acquisition Policy), staff will continue to negotiate with owners until full settlements are reached. Based on the importance of acquiring the lands to allow the project to move forward on schedule and to provide sufficient time for the owners to relocate, expropriation of the lands is recommended.
In May 2011, Council approved the “OLRT Schedule Acceleration and Procurement Option Selection” report that advanced the project completion date by one year, to spring 2018. This report directed staff to accelerate the acquisition of properties by beginning the expropriation process, where required, to accelerate the construction of the OLRT Project pursuant to Section 4 of the Expropriations Act. In addition, on 14 July 2011, the OLRT Implementation Report was approved by Council.
Expropriation proceedings for the properties identified in Schedule “A” commenced with Notice of Application for Approval to Expropriate Land being sent to the registered owners by registered mail on 18 July 2011. Pursuant to the Act, the notices were also published in the Ottawa Citizen and Le Droit once a week, for three consecutive weeks commencing on 21 July 2011. The last date to request an inquiry (Hearing of Necessity) pursuant to Section 6 of the Act was 22 August 2011. No requests for a Hearing of Necessity inquiry were received.
Subject to Council approval of this report, staff will register the Plans of Expropriation on title; serve the registered owners with Notices of Expropriation, Election and Possession, together with a copy of the registered Plan of Expropriation pursuant to the Act.
An offer under Section 25 of the Act is to be served upon the registered owner within three (3) months of registration of the expropriation plan. A report will be brought forward for those offers requiring Council approval, prior to serving the offers under Section 25.
ENVIRONMENTAL IMPLICATIONS
Environmental impacts were addressed in the Environmental Assessment (EA) undertaken for the Downtown Ottawa Transit Tunnel (DOTT) Project as approved by City Council on 13 January 2010 and subsequently approved by the Ontario Ministry of the Environment on 17 August 2010.
In accordance with the Acquisition Policy, a pre-screening on all real property to be acquired will be conducted through the Historical Land Use Inventory (HLUI) to identify potential contamination issues associated with the properties.
RURAL IMPLICATIONS
There are no rural implications related to implementing the recommendation of this report.
CONSULTATION
In January 2010, City Council approved the DOTT Planning and Environmental Assessment Study – Recommended Plan (Ref No. ACS2009-ICS-PGM- 0214). Public consultation, which formed an integral part of the Planning Study and Environmental Assessment process, included public open houses, special consultation with interest groups, agencies and businesses. All owners of all the properties identified in Schedule “A” have been contacted. Negotiations and communications with the affected property owners are ongoing.
COMMENTS BY THE WARD COUNCILLOR(S)
The Ward Councillors have been made aware of the proposed expropriations, and have voiced no objections or concerns with staff’s recommendation.
LEGAL IMPLICATIONS
Staff from the Legal Services Office as well as from the law firm of Borden Ladner Gervais LLP have been consulted during the preparation of this report and have provided input. Subject to the further explanation set out below, there are no legal impediments to approving the recommendations set out in this report. While the registration of the Plan of Expropriation will create exposure to all of the compensation claims permitted under the Act, nevertheless, the necessary financial budget has been identified so as to deal with all such potential or actual claims appropriately and within the overall approved budget for the Project. In addition, a comprehensive consultation and communications strategy will be pursued by City staff with a view to minimizing the disruption and expenses to affected property owners. Every effort will be made to negotiate and conclude fair and reasonable out-of-court settlements with affected property owners.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications associated with this report.
FINANCIAL IMPLICATIONS
The current approved capital authority for the Light Rail Transit Project (Capital Project # 905176) includes an allocation for property acquisition and related expenditures. Staff have forecasted total acquisition costs, including a review of third party independent appraisals, and have concluded that total property acquisition costs will be met within the approved budget allocation.
TECHNOLOGY IMPLICATIONS
There are no technical implications related to implementing the recommendation of this report.
CITY STRATEGIC PLAN
The Environmental Assessment report dated 13 January 2010 supports the City’s Strategic Plan Transit Priority to meet the current and future transportation and mobility needs of residents, visitors and enterprises by improving transit and by emphasizing choice and accessibility of multiple types of transportation including the development of a Light Rail Transit system.
SUPPORTING DOCUMENTATION
Schedule “A” - Legal description of subject property
Documents 1 and 2 - Sketch showing the lands to be expropriated
DISPOSITION
The City Solicitor is authorized and directed to register all plans and documents, give such notice and generally take such legal action as required to obtain the ownership of the lands hereby expropriated, to obtain possession thereof, and cause the payment of the compensation payable for the lands expropriated, including the negotiation thereof before the Board of Negotiation of Ontario, and, in default of a negotiated settlement, the arbitration thereof before the Ontario Municipal Board.
Following Council approval, the Rail Implementation property staff and external legal counsel Borden Ladner Gervais LLP (BLG) will serve Notices of Expropriation, Election and Possession together with a copy of the registered Plan of Expropriation upon the registered owner(s).
SCHEDULE “A”
Legal Description of Subject Property - All in the City of Ottawa
|
|
STREET ADDRESS |
LEGAL DESCRIPTION AND TYPE OF INTEREST |
|
|
160 Lyon Street North Ottawa, ON K1R 5T9
|
All of PIN 04114-0010 (LT) illustrated as Parcel 1 on Document-1 attached hereto
|
|
|
156 Lyon Street North Ottawa, ON K1R 5T9 |
All of PIN 04114-0009 (LT) illustrated as Parcel 2 on Document-1 attached hereto
|
|
3. |
767 Belfast Road, Ottawa, ON K1G 0Z4 |
All of PIN 04256-0632 (LT) illustrated as Parcel 6 on Document-2 attached hereto
|
|
4. |
747 Belfast Road, Ottawa, ON K1G 0Z4 |
All of PIN 04256-0211 (LT) illustrated as Parcel 5 on Document-2 attached hereto
|
|
5. |
731 Belfast Road, Ottawa, ON K1G 0Z4 |
All of PIN 04256-0212 (LT) illustrated as Parcel 4 on Document-2 attached hereto
|
|
6. |
705-725 Belfast Road, Ottawa, ON K1G 0Z4 |
All of PIN 04256-0213 (LT) illustrated as Parcel 3 on Document-2 attached hereto
|
|
7. |
681 Belfast Road, Ottawa, ON K1G 0Z4 |
All of PIN 04256-0214 (LT) illustrated as Parcel 2 on Document-2 attached hereto
|
|
8. |
645 Belfast Road, Unit 1 Ottawa, ON K1G 4V3 |
All of PIN 15399-0001 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
9. |
645 Belfast Road, Unit 2 Ottawa, ON K1G 4V3 |
All of PIN 15399-0002 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
10. |
645 Belfast Road, Unit 3 Ottawa, ON K1G 4V3 |
All of PIN 15399-0003 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
11. |
645 Belfast Road, Unit 4 Ottawa, ON K1G 4V3 |
All of PIN 15399-0004 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
12. |
645 Belfast Road, Unit 5 Ottawa, ON K1G 4V3 |
All of PIN 15399-0005 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
13. |
645 Belfast Road, Unit 6 Ottawa, ON K1G 4V3 |
All of PIN 15399-0006 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
14. |
645 Belfast Road, Unit 7 Ottawa, ON K1G 4V3 |
All of PIN 15399-0007 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
15. |
645 Belfast Road, Unit 8 Ottawa, ON K1G 4V3 |
All of PIN 15399-0008 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
16. |
645 Belfast Road, Unit 9 Ottawa, ON K1G 4V3 |
All of PIN 15399-0009 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
17. |
645 Belfast Road Unit 10 Ottawa, ON K1G 4V3 |
All of PIN 15399-0010 (LT) illustrated as part of Parcel 1 on Document-2 attached hereto
|
|
18. |
645 Belfast Road Ottawa, ON K1G 4V3 |
All of the Common Elements appurtenant to all Units 1 to 10, both inclusive, of Carleton Condominium Plan No. 399, being Part Block D, Plan 725, Part 1, Plan 4R-5673, as in Schedule” A” of Declaration LT538576, being all of PINs 15399-0001 (LT) to 15399-0010 (LT), all inclusive; Ottawa all illustrated as being Part of parcel 1on Document 2, attached hereto |
