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The Real Estate Division has reviewed analogous cases and has consulted with the Legal
Services Division as to the basis upon which the City could negotiate acquisition of additional
land beyond the normal dedication requirements under an application for a subdivision and
rezoning. On the facts of the matter, the City would be in a similar position to defending
compensation under expropriation were the City to make approval of DASZ 19/00 conditional
upon the developer selling the approximately 39.5 acres to the City at a price to be negotiated. In
such a case the tribunal could decide to agree with the developer�s position, plus award costs.
Therefore, in order to control the cost, it would be prudent to establish the amount of land to be
acquired and the price therefore in advance. This is, in fact, the wish of the developer and the
reason for initiating discussions on this point in August 1999.

Summary Statement:

After much discussion and consideration, the Administration had reached an initial conclusion
that the City�s position should be to acquire only the 24.5 acre Category One (1) lands based on a
rate of $65,000 per acre, which equates to a price of approximately $1.6M (subject to survey),
plus finance and closing costs. In addition to this, the right-of-way for the proposed Southglen
Bridge crossing (through the Category Two land should it ultimately be determined that this is
the optimum location for the bridge) would be dedicated by the developer and the City may be
required to purchase the residual Category Two land.

The City�s total investment in preserving 65 acres of this 81.4 acre tree stand (or 79.9%, which
includes 7.5 acres to be dedicated) would then be:

A) Tree stand below waterway requirement line =               33 acres for $495,000.00
B) Category One (1) lands =                                          24.5 acres for 1,600,000.00
C) Category One (1) lands to be dedicated =                                    7.5 acres for nil .
Totals:                                                                               65 acres $2,095,000.00

However, upon reflection, an alternate recommendation was conceived as indicated in this
report, i.e. to commit $1M towards the acquisition of the tree stand and in addition, to match
dollar for dollar all other alternative funding sources to a maximum of $0.6M (City contribution)
for funding the said proposed acquisition, all based on a price of $65,000.00 per acre. Among
other things, this approach encourages other interested parties to join with the City to try to
acquire as much of the tree stand as possible.

B. Access to Royalwood Phase II

The potential acquisition of either part or all of the Bois des Esprits tree stand is only one of two
major issues regarding this proposed development (DASZ 19/00). The second issue is the
requirement for vehicular access from St. Anne's Road over the Seine River to the proposed
Royalwood Phase II residential subdivision. The developer and City administration both
believed the most appropriate location for this bridge is in the area near the south limit of the tree
stand, i.e. opposite the Southglen Boulevard intersection with St. Anne's Road. The developer
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