ADMINISTRATIVE REPORT

Date: October 4, 1999
Author/Local: Yvonne Liljefors/7063
RTS No. 1049

CC File No. 5761-1

Council: October 19, 1999

TO:	Vancouver City Council
FROM:	Director of Legal Services, Manager of Real Estate and General Manager of Engineering Services
SUBJECT:	Acquisition by Expropriation of Property Required for a Left Turn Bay on Knight Street at 41st Avenue

RECOMMENDATION

A. THAT Council, as the Approving Authority under the Expropriation Act, R.S.B.C. 1996, C. 125 (the "Act"), approve the expropriation of:

A portion of:

Parcel Identifier: 014-799-138
Lot 17, Except the West 2.5 feet and the East 7 feet, Now Highways Block 4, District Lot 711, Plan 1383

shown heavily outlined on the reference plan prepared by A. Di Nozzi, B.C.L.S. on August 9, 1999, as marginally annotated LD3652, a reduced copy of which is attached as a Schedule to Appendix "A" to this report
(the "Lot 17 Site")

by passing the resolution set out in Appendix "A" to this report.

B. THAT Council authorize the Manager of Real Estate, in expropriating the Lot 17 Site, to pay TWELVE THOUSAND EIGHT HUNDRED DOLLARS ($12,800.00) plus GST (if applicable) to the registered owner of the Lot 17 Site, as an advance payment made under the Act; the source of funding to be the Streets Basic Capital Unappropriated Account 30000162 - Knight at 41st Avenue.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of A and B.

COUNCIL POLICY

There is no Council Policy directly applicable to this matter.

PURPOSE

The purpose of this report is to request Council to exercise its authority, as Approving Authority under the Act, to approve the expropriation of the Lot 17 Site.

BACKGROUND

On July 20, 1999, Council authorized the City, as Expropriating Authority, to commence expropriation proceedings to acquire the Lot 17 Site (an approximately 1.81 metre wide tapered strip) for construction of a left turn bay on Knight Street at 41st Avenue. To date, the City has been unsuccessful in its attempt to negotiate an outright purchase of the Lot 17 Site or to enter into a Section 3 Agreement allowing for the immediate transfer but later settlement of compensation for the Lot 17 Site.

Section 532 of the Vancouver Charter provides that if, in the exercise of any of its powers of acquiring real property, the City fails to come to an agreement with its owner as to the terms of acquisition, the City may, by by-law or resolution of the Council, expropriate such real property.

The required Expropriation Notice has now been served on all necessary parties and the required sign setting out a copy of the Expropriation Notice has been erected on the Lot 17 Site.

DISCUSSION

An Expropriating Authority that intends to expropriate land must serve an Expropriation Notice on all owners (as defined under the Act, which in this case is the registered owner and the mortgagee holding a mortgage charging the Lot 17 Site), as well as the Approving Authority. The expropriation then must be approved by the Approving Authority. (The City is the Expropriating Authority and Vancouver City Council is the Approving Authority.)

If an owner's land is being expropriated for the construction, extension or alteration of a linear development, the owner may not request an inquiry by the Expropriation Compensation Board. In our case, the purpose for which the Lot 17 Site is required is to alter a linear development, namely the widening of Knight Street to construct a left turn bay at 41st Avenue. Accordingly, in the opinion of the Director of Legal Services, no affected party may successfully request an inquiry.

Procedure
The Act provides as follows:

· where an owner is not entitled to request an inquiry, the Approving Authority must approve the expropriation and notify the Expropriating Authority and each owner of the approval in writing

· within 30 days after Council as Approving Authority has approved the expropriation, the Expropriating Authority must pay the owners the amount the Expropriating Authority estimates is or will be payable to the owners as compensation, and must serve on the owners a copy of all appraisal and other reports on which the payment is based

· within 30 days after it has paid the money and served copies of the appraisal, the Expropriating Authority must file in the Land Title Office a vesting notice, a copy of which must be served on the owners

· payment to the owner by the Expropriating Authority is without prejudice to the owner’s right to have the amount determined in the manner provided for in the Act, but the owner must apply to the Expropriation Compensation Board to determine compensation within one year after the payment is made.

Payment to Owners

Since Council considered this matter on July 20,1999, the Manager of Real Estate has obtained a new appraisal of the property which estimates the market value of the Lot 17 Site is in the order of $9,300.00. In addition, the City will pay $3,500.00 to cover the cost of transplanting the existing cedar hedge from the Lot 17 Site to the front of the remaining property, for an aggregate payment of $12,800.00 to the registered owner as an advance payment.

The appraiser is of the opinion that there is no injurious affection to the remainder of the property, as this partial taking is such a small percentage of the property and the property would probably sell for the same amount after this partial taking as it would have sold before the taking. As the appraiser is of the opinion that there is no loss in value to the interest of the mortgagee and the security of the mortgage is not diminished, no compensation will be paid to the mortgagee.

COMMENTS FROM THE MANAGER OF REAL ESTATE

The Manager of Real Estate is of the opinion that the compensation offered is reasonable and is within the parameters set by the Act.

CONCLUSION

In the opinion of the Director of Legal Services, it is appropriate that Council, as the Approving Authority, approve the expropriation of the Lot 17 Site.

- - - - -

APPENDIX “A”

EXPROPRIATION OF LAND

RESOLUTION OF THE VANCOUVER CITY COUNCIL

MOVED by Councillor

SECONDED by Councillor

WHEREAS:

A. The City of Vancouver requires:

A portion of:

Parcel Identifier: 014-799-138
Lot 17, Except the West 2.5 feet and the East 7 feet, Now Highways
Block 4, District Lot 711, Plan 1383

shown heavily outlined on the reference plan prepared by A. Di Nozzi, B.C.L.S. on August 9, 1999, as marginally annotated LD3652, a reduced copy of which is attached as a Schedule to this resolution
(the "Lot 17 Site")

for the altering of a linear development, namely the widening of Knight Street to construct a left turn bay at 41st Avenue;

B. In the exercise of its powers of acquiring real property for this purpose, the City has failed to come to an agreement with the owners of the Lot 17 Site;.

C. The Vancouver Charter provides that if, in the exercise of any of its powers of acquiring real property, the City fails to come to an agreement with its owner as to the terms of acquisition, the City may, by by-law or resolution of its Council, expropriate such real property;

D. The Expropriation Act, R.S.B.C. 1996, C. 125, provides that an "expropriating authority" means a person empowered under an enactment to expropriate land;

E. On July 20, 1999, Vancouver City Council passed a resolution authorizing the City as expropriating authority to commence expropriation proceedings under the Expropriation Act to acquire the Lot 17 Site; and

F. Under the Expropriation Act, the “approving authority” for an expropriation under the Vancouver Charter is the Vancouver City Council, unless the Lieutenant Governor in Council has designated the Minister of Municipal Affairs as the approving authority for the purpose of expropriations under the Vancouver Charter or any particular expropriation under the Vancouver Charter, which designation has not been made;

BE IT RESOLVED that the Vancouver City Council, as the approving authority under the Expropriation Act, approve the expropriation of the Lot 17 Site.

- Carried Unanimously

I, ____________________, ________________ of the City of Vancouver, hereby certify the foregoing to be a true and correct copy of a resolution of the City Council of the City of Vancouver passed on the _____ day of __________________, 1999.

City Clerk

* * * * *

(c) 1998 City of Vancouver