HomeMy WebLinkAbout2000-201 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW #2000-201
being a by-law to authorize the execution of Minutes of Settlement
between the Municipality of Clarington and Gordon White and others
respecting claims for compensation arising out of the expropriation of
certain lands in the Cove Road area
WHEREAS at a special meeting held on October 25, 2000, the Council of the
Municipality of Clarington adopted the verbal report of the Solicitor respecting
compensation claims arising out of the expropriation of certain lands in the
Cove Road area;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON HEREBY ENACTS AS FOLLOWS:
THAT the Mayor and Clerk are authorized to execute Minutes of
Settlement between the Municipality of Clarington and Gordon White
and others respecting claims for compensation arising out of the
expropriation of certain lands in the Cove Road area
By-law read a first and second time this 25th day of October 2000.
By-law read a third time and finally passed this 25th day of October 2000.
MAYOR
NIC " CLERK
NOV 07 2000 1027 FR ROBINS APPLEBY TAUB 416 868 0306 TO 630 90007294#9361 P.02/06
CLAIMS FOR COMPENSATION
U?4DER THE EXPROPRIATIONS ACT,
R.S.O. 1990,c.E26,AS
AMENDED
BY: GORDON WHITE("White")
mARY.ON a RICIIARDSON("Richardson")and
ORCHARDSCOVI+;HOLDINGS LIMITED ("Orchardscove")
(hereinafter collectively referred to as the"Owners")
AGAINST: THE CORPORATION OF THE
MUNICIPALITY OF CLARE-;GTON
(hereinafter referred to as"Clarington")
rrr g QE SETTLEMENT
WHEREAS:
A. On May 3, 1999,Clatwgton deposited Expropriation Plan D533723 C'Expropnation Plan°')
against the title to certain lands within RegisWeed Plan of Subdivision 198 and 318 and part of the
unsubdivided Lot 12, Broken Front Concession, former Town of Bowmanville (now the
Municipality of Clarington)("Lot 12,B.F.C:').Plan 198 is a plan of subdivision of the area known
as the"Cove'
B. The expropriated lands included the following Parts shown on Platt D533723:Part 2,owned
: in fee simple by Orchudscove, subject to certain easements; Part 5, owned,by White, subject to
certain easements; Part 6, owned in fee simple by White and Richardson, subject to certain
easements;and Part 7 owned in fee simple by White, subject to certain easements. The balance of
the unsubdivided Lot 12,B.F.C.also is owned by White, subject to certain easements;
NOV 07 2000 11:1B FR ROBINS APPLEBY TAUB 416 868 0306 TO 630#0007294#9361 P.02i02
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G. Fart 2 an the Expropriation Plan comprises Block D on flan 198,Parts 5 and 6,respectively,
comprise portions of Lots 12 and 13 including the portions of the Beach Block associated with Lots
12 and 13 all on Plan 198; and Part 7 comprises.a portion of unsubdivided Lot 12,B.F.C.,
D. White has the authority of the Owners to execute these Minutes of Settlement on behalf of
the Owners. 'White also has the authority of Orchardscove Developments Limited to bind that
corporation to the terms of these Minutes of Settlement which refer to it;
E. The Parties have agreed to resolve their differences rather than to have them determined by
arbitration pursuant to the Expropriations Act,
NOW •IT C,REFORE NUMESSETH THAT in consideration of the mutual covenants
contained herein,each of which with the exception of paragraph 8 hereof,is interdependent on the
performance of each of the other covenants by the covenanting Party,the Parties agree as follows:
I. Clarington agrees to purchase and the Owners agree to sell the Owners' respective estates
in fee simple in Part 2 on Plan D533723, Lot 12 on Plan 198, Lot 13 on Plan 198 and the
unsubdivided portion of Lot 12,B.F.C.comprising Part 7 on Plata D533723 and the portion of the
unsubdivided Lot 12,13.F.C. situated between Part 7 and Lake Ontario. The titles shall be free of
all encumbrances and restrictions except easements registered against the title to the respective lands
on May 3, 1999.
2. The Parties agree that the total purchase price of the lands which are to be conveyed by the
Owners to Glarington is$132,835.10 calculated as follows.
Part 2 on Plan D533723 $60,000.00
Lot 12 on Plan 198 22,500.00
Lot 13 on Plan 198 22,500.00
TOTAL PAGE.02 **
NOV 07 2000 1027 FR ROBINS RPPLEBY TRUB 416 868 0306 TO 630900072943#9361 P.04/06
.3.
part of iinsubdivided
Lot 12,B.F.C. .20,000.00
Interest(rte 6%p.a.from and
including May 3, 1999 to and
including October 24,2000
calculated on$79,910.00
TOTAL
Prior to the Closing Date,the,Owners may give notice in writing to Claringtan's Treasurer requiring
the reallocation of the total purchase price among the individual parcels of land to be conveyed to
Clarington as set out in the notice.
3. The total unpaid purchase price of the lends shall be paid by Clarington to White in exchange
for the lands referred to in paragraph 2 which are:to be conveyed by the Owners to Clarington on the
Closing Date is$92,745,00,plus the Owner's reasonable legal and appraiser expenses as provided
below.
4. The Closing Date shall be ten(10),business days after the date on which these Minutes of
Settlement are executed'by the last party to execute them,unless otherwise agreed in writing by the
Parties,and in any event no later than November 10,2000.
5. In addition to the unpaid purchase:price which is to be paid by Clarington in exchange for
the lands which are to be conveyed by the Owners to Clafingtvn,C1aTington shall pay to the Owners
or as directed by thein in writing on the Closing Date the Owners' reasonable legal and appraiser
costs in achieving this settlement. Clarington shall administer the transfer of title.
6. On or prior to the Closing Date,White,Richardson and Orchardscove shall discharge all
arrears of municipal taxes on their respective lands which the Owners shall convey to Clarington on
s
NOV 07 2000 1027 FR ROBINS APPLEBY TAUB 416 868 0306 TO 630#0007294#9361 P.05/06
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the Closing Date. They shall also withdraw the assessment appeals now pending in respect of such
lands with the exception of the appeal in respect of the lands shown on the assessment roll plate
which includes Part 2 on Plan D533723. The latter appeal way be pursued by the Owner to have the
roll corrected to show the owner of Part 2 to be Clarington on and after May 3, 1999.
7. Clarington at its expense shall erect two signs,one on each of the spur roads in the Cove,
indicating that the spur road is a private road the use of which is at the risk of the persons using it.
'Me content and location of the signs shall be subject to White's approval before the signs are
erected.
9. It has been agreed that Clarington may feather the intersection of Spur Redd A,provided that
Clarington gives an indemnity to White respecting the constriction of that feathered,portion of the
road.
9. The Owners on behalf of each of them,iheir respective heirs,successors,administrators and
assigns C Releasoe)release and forever discharge the Municipality,its agents,employees,officers,
elected officials,successors and assigns("Releawe")from any and all manner of claims, actions,
causes of actions and demands for loss or dame of any kind whatsoever which the RReleasor ever
had, now has or hereafter can, shall or may have against the Releasee as a.consequence of the
acquisition by the Municipality of the lands referred to in:Recital B hereof, including any claims for
compensation, whether.for market value, injurious affection, disturbance damages, costs or
otherwise.
10. Time shall be'of the essence of these Minutes of Settlement.
11. These Minutes of Settlement evidence;the entire agreement between the Parties with respect
to the subject matter hereof and contain all of the covenants of the Parties with iespect to the subject
after hereof.
12. These Minutes of Settlement may be dx cuted by the Parties in counterparts.
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12. These Minutes of Settlement may be executed by the Parties in counterparts.
IN WITNESS WHEREOF the Parries hereto have affixed their signatures.
DATED at this day of November, 2000.
SIGNED, SEALED AND )
in the present of ) Gordon Alexander White
Marion H. Richardson
ORCHARDSCOVE HOLDINGS LIMITED
}
Per: Gordon,Alexandcr Whitc,Prosidcnt
I have authority to bind the corporation.
THE CORPORATION OF THE
} MUNICIPALITY OF CLARINGTON
}
Mayor
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