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Home My WebLink AboutPSD-093-09Clarington Leading the Way i REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIOJN /r q Date: Monday, September 28, 2009 j°~~, ~t.~ ~ ~ (~ ~~ -s3"" U l Report #: PSD-093-09 File #: RE 4.14 By-law #: .~ (X~9 - 13 3 ~oU ~ - l3 Subject: DECLARATION AND SALE OF SURPLUS PROPERTY, PART LOTS ON PLAN 18T-95048 ON GLENABBEY DRIVE AND MEADOWGLADE ROAD,. COURTICE TO 708545 ONTARIO LIMITED (GERANIUM CORPORATION) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-093-09 be received; 2. THAT Council declare, by By-law portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191, and 192 on Draft Plan 18T-95028 (Plan 40R- 26039 and Plan 40R-26040), as shown on Attachment 1, to be surplus property of the Municipality; 3. THAT a By-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the agreement for the sale of the portions identified on Attachment 1 to 708545 Ontario Limited (Geranium Corporation) for $114,375.00; 4. THAT all legal and related costs be borne by the purchaser; 5. THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Real Property Reserve Account; and 6. THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transactions. REPORT NO.: PSD-093-09 PAGE 2 Submitted by: Reviewed by: av d J. Crome, MCIP, RPP Fr in Wu, Director of Planning Services ,,,(Chief Administrative Officer Anthony C Director of FUDJC/df 16 September 2009 ~Ila, C.E.T. ineering Services CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STR ET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-093-09 1.0 BACKGROUND PAGE 3 1.1 By-law 95-022, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: • identify real property that should be declared surplus; • report to Council recommending that Council declare the particular real property to be surplus property and set out the reason why it should be declared to be surplus property; and • advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the real property, unless an appraisal is not required under the Municipal Act. 1.2 The property is identified on Attachment 1 is comprised of 0.61 acres of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191 and 192 (Plan 40R-26039 and Plan 40R-26040). The lands were dedicated to the Municipality in 1991 for stormwater management purposes. The Municipality has maintained the stormwater management facilities on these lands. 1.3 708545 Ontario Limited have prepared and received approval for a Draft Plan 18T- 95028 (PSD-044-08). The conditions of draft approval included: "Any land transfers that will be necessary to facilitate the creation of Lots 57-66 inclusive, Lots 85-86, Lot 118 and Blocks 190-192 inclusive, as well as the development of the subdivision, must be completed to the satisfaction of the Municipality of Clarington, prior to the final approval of this plan." 1.4 In accordance with the procedures of the Municipal Act and the Municipality's disposition of surplus property By-law 95-022, the lands must be declared surplus property. The necessary By-law declaring these lands surplus is Attachment 2 to this report. 1.5 The Director of Engineering Services concurs with the declaration as surplus and sale of the stormwater management lands. They are no longer necessary for stormwater management on the current draft Plan of Subdivision due to a redesign of the stormwater management facilities for the new development. 1.6 The Municipality has two options to sell lands declared surplus, by tender or to the adjacent owner. Ih this case, the adjacent owner is the logical purchaser of these parcels as they complete lots within the plan of subdivision. 1.7 An appraisal for the Municipality was conducted in June, 2008 with an effective date of May 26~h, 2008. The estimated fair market value on a per acre basis was $210,000. The purchaser did not Concur with the estimated fair market value and had a second appraisal prepared which estimated the fair market value at $150,000 per acre as of March 31, 2009. REPORT NO.: PSD-093-09 PAGE 4 1.8 Staff have been in disoussion with representatives of Geranium Corporation, the owner of the lands that surround the part lots. There have been a number of meetings over the methodology used by the different appraisers, the slump in the real estate market and that the only logical purchaser is the surrounding land owner. Staff are recommending that Council accept the offer to purchase from 708545 Ontario Limited (Geranium Corporation), the adjacent owner at $187,500/acre for the 0.61 acres for a total of $114,375.00 (Attachment 3). The proceeds of the sale would be deposited in the Municipal Acquisition Reserve Account to be utilized for future purchases. 1.9 The public notice of the declaration of surplus and sale of this property was advertised in The Clarington this V'Veek on September 16~h, 2009 (Attachment 4). As of the writing of this report no objections have been received. 2.0 CONCLUSION 2.1 The lands being portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191, and 192 on Draft Plan 18T-95028 (Plan 40R-26039 and Plan 40R-26040) can be declared surplus as they are not required for Municipal purposes; and further that they be sold to the adjacent land owner 708545 Ontario Limited (Geranium Corporation). 2.2 The purchaser has agreed to the terms and conditions of the sale and are willing to pay $114,375.00 deemed to be the fair market value and all additional expenses. Staff recommend that the property be sold to 708545 Ontario Limited (Geranium Corporation), the abutting owner. Attachments: Attachment 1 -Map Attachment 2 - Surplus Property By-law Attachment 3 -Letter of agreement from purchaser Attachment 4 -Notice of declaration and sale of surplus property Attachment 5 -Sale of Surplus Property By-law List of interested parties to be advised of Council's decision: Jeff Shankman Mario Giampietri Kim Beckman Murray Visser Attachment 1 To Report PSD-093-09 CT ~ w JOHN WALTER ~ Q ~ ~ a o ~ z ~ ~- W m ~ i y ~ 00 ~ Q Q w CRESCEN J OKE ROAD O~~JE GLENABBEY Plan 18T-95028 Block 190 and Part Lot 85 Plan 18T-95028 Blocks 191 and 492 Plan 18T-95028 and Part Lots 86 and 118 Part Lots 57 and 58 O P O Plan 18T-95028 ~ ~G Part Lots 59, 60,1;1, O 62, 63, 64, 65, 66, 67 ~~ - ~` N Draft Approved Plan 18T-95028, Courtice CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- Attachment 2 To Report PSD-093-09 being a by-law to declare the lands more particularly described as portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The lands more particularly described as portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 are hereby declared surplus and which lands are legally described as Part of PIN 26595-0435 Part of Block 58, Plan 40M-1669 Municipality of Clarington Regional Municipality of Durham designated as Parts 1, 2, 4 and 5 on Plan 40R-26040; Part of PIN 26595-0013 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 6 to 9, inclusive on Plan 40R-26040; and Part of PIN 26595-0014 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 1 to 9, inclusive and Parts 15 and 16 on Plan 40R-26039 2. Schedules 1, 2 and 3 attached hereto forms part of this By-law. BY-LAW read a first time this 5th day of October BY-LAW read a second time this 5th day of 2009 October 2009 BY-LAW read a third time and finally passed this 5th day of October 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE1 ti~:HFrn n F ~ sg' ° ` ~~~ F `P° ° ~ ~ 3 o I ~ ~ ~'~q '3 I 9 ~ r z ~ g ~1 ~ n• b ' et '. n iF 6 ~ ~} ~ xn ry~ ~ i e . x ~3} - z ~~~~ ~ ~s£€ a yy a N ~-_ l=~ _ y , t I ~ I ~ F I y V .~ tF i I i _: !~®~ I dp t~ ` ~ I 1 ~~~ ~~~ ~~ ~} I gl . I I g~i o} I I 1 ~E } } t q}' Y W"P~ [ F ' j' j S+: 3 f [ e 1 ~ tl ~ `j < t . it C F RP~ '~ 1 o g t [ d9RR$.6.Rn9R EC s S 9~ 3 3.avE.iv6FF.[[.ev ~il~ 1 1 i. ~ P 3 ^ ' 8 Y I r 1 I a_e~., ~F .at egl ~~ ., e „~ ~. ~, ® f pi p ® .» € .I ~ 9 / 03 ~~ I &! ~` 3 I d, I ~Y L~~'i ___ j ~ .. E~i } II I _ p, ~ ,} ~,-~~ ~~ i ~~~ : ,, I!, fx s~ j'L_ Ffi I ~~ ~ ~ a/` X66 c ~ .! `~ LLJ °,~~~T,al er„p4~ .!~s~~',~s.~°yllgel gl6l~'6IS °1011 F~ EO ~~° ~ py 1 ~ iol" ;i-~ -__I % I I i f a iol I__°o_yO~ ~ fA°°___,.1 I~ kc~5 wfl W ~ 9LFiul III -- S ._ } i _ 9 - I T.V ~ ~ ~ F u° / 'P ~ ~} 3 ~ ,6'~. ` I~FI it I. li ~ t~ ~ s ~~ { K ,~{} . -- ; °C ~ ~! _ _ _ __ .,,. ~ SCHEDULE 3 ~~~~ ~ ,;. ' ~ ;i : ~ ~ ~ Y3 I ~: 5 G~ 9i t x r~ b ~~ ~ '!F ~. ~iF~ ~ ~~ k~y~m~ ~~ - ! 3I'-~q=IK~ ~.I€; i n e l ~ F~ F ~ m iF ~i~f ~ ~, '~~ f i ~? ~ 3 f ~ ~ & Ii i6 3 i_I l } - - -- --- ;,. I --r-r`r--r-r-r I I I I /Iw~~le'i~ I ~ ~':~D I'F°~i ilb'1 _ i ° 1• ~: N ~ I m ~ I r H J _..y_1_I ^e ~J i x Syp N~~n py `q I 5 1 PG Y ' ! I I I I I I I I I I I I ~ I ~ I 1 I I I I: 2~ I I ~ I I ~f `, I ~. ~~ _~' . ,I ;, I. ~~ ~ , . I ~ ~' ^- I: u ~.~~ ~: i JEFFREY P. SHANKMAN Barrister & Solicitor Attachment 3 To Report PSD-093-09 Suite 310 Telephone: (905) 479 7799 3190 Steetes Avenue East Facsimile: (905) 479 6655 Markham, Ontario. L3R 1G9. ios~n iascoansel.com grace(a,i oscounsel.com September 8, 2009 Delivered via a-mail flan maid(u~clarin tog n.net Municipality of Clarington 40 Temperance Street Bowmanville, ON. L1C 3A6. Attention: Ms. Faye Langmaid, Manager of Special Projects Dear Madam: RE: 708545 ONTARIO LIMETED and MUNICIPALITY OF CLARINGTON SURPLUS LAND PURCHASE I thank you for your reply correspondence of August 31, 2009. While we do not agree with the analysis and conclusions as set out in your letter; in a spirit of co-operation and a wish to move forward with this development, my clients do accept your recommendation which results in a price of $114,375. for the 0.61 acres of surplus lands. Kindly take the requisite steps to allow your Council to endorse the sale/price, and the municipality to complete the sale transaction with my clients, in a timely manner. On a related matter; you are aware that my clients delivered Revised Applications for Certificates of Approval to your Engineering Department. That submission was delivered on or about February 27, 2009. The Certificates were requested in respect of a large municipal, residential, drinking water system, storm sewers and appurtenances, municipal, sewage, works and storm water management facilities. All of these are required to support the draft plan approved Springfield Meadows Phase III and Nozdryn subdivision and are pro forma requirements for MOE approval. I take note of the attitude of municipal staff, who made it abundantly clear, on the record, that they would, "...not be signing the MOE forms until the land acquisition issue has been resolved." 2 We are of the opinion that this is an improper and inappropriate position for municipal staff to take and that this reflects poorly upon the Municipality. This municipally-imposed refusal to act has caused my clients a significant delay, as well as the attendant costs associated therewith. We ask you to confirm that municipal staff have been instructed to process-the Applications forthwith and to co-operate with my clients on this and all development issues, in a timely manner, going forwazd. We expect that we will now be able to develop this project in a new, spirit of co-operation between my developer-clients, on the one hand, and the Municipality and its staff members, on the other. if you require anything further wn these processes from [he urd~:signed or my clier.*.s, please do not hesitate to contact me. Yours very truly, rey P. S an. JPS:gem c.c. c.c. c.c. c.c. c.c. c.c. Mayor Jim Abernethy Anthony S. Canella, C.E.T. Director of Engineering Services mayor(a3clazington.net tcannella ,municinalitv.clazin~ton on ca Leslie Bensori, P. Eng. Manager, Transportation and Design lbensonna clarington.net Murray Visser, AACI, P.App. Kim Beckman, Barrister and Solicitor miurav cni pvci.ca kimbna.davieshowe com Mario Giampietri maiiog_nr ~eraniumcorporation com In accordance with the Pounds Act, notice is hereby given that one Hereford heifer weighing approximately 700 pounds was found in the area of Taunton Road and Green Road. If you are the owner of this heifer, you can claim it by contacting the Municipal Clerk, 40 Temperance Street, Bowmanville, 905-623-3379. Respecting Fart Lots 57 io 60^, 85, 06 1 i8, and Blocks i90, i91, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 18T--95028 Courtice TAKE NOTICE THAT at a meeting of the General Purpose and Administration Committee of the Corporation of the Municipality of Clarington to be held in the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario on Monday, September 28th, 2009 at 9:30 AM. it is proposed that consideration be given to: • Passing a by-law to declare Parts Lots 57 to 86, 85, 86, 118, and Blocks 190, 191, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 1ST-95028, as shown as the area to be sold below, to be surplus property; and • Passing a by-law to permit the sale and transfer of Part lots 57 to 66, 85, 86 118, and Blocks 190, 191, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 18T-95028 to the abutting land owner AND TAKE FURTHER NOTICE THAT before passing this by-law, Council shall hear at its meeting to be held in the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario on Monday, October 5th, 2009 at 7:00 PM, in person or by counsel, solicitor or agent, any person who claims that this land wilt be prejudicially affected by this by-law. Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attachment 4 To Repott PSD-093-09 Attachment 5 To Report PSD-093-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to authorize the Sale and Transfer to 708545 Ontario Limited (Geranium Corporation) the adjacent property owner of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 WHEREAS at its meeting on September 28, 2009, Council of the Corporation of the Municipality of Clarington passed By-law 2009--declaring, portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T- 95028, to be surplus and which lands are legally described as: Part of PIN 26595-0435 Part of Block 58, Plan 40M-1669 Municipality of Clarington Regional Municipality of Durham designated as Parts 1, 2, 4 and 5 on Plan 40R-26040; Part of PIN 26595-0013 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 6 to 9, inclusive on Plan 40R-26040; and Part of PIN 26595-0014 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 1 to 9, inclusive and Parts 15 and 16 on Plan 40R-26039 NOW THEREFORE BE IT RESOLVED THAT the .Council of the Corporation of the Municipality of Clarington enacts as follows: The Mayor and the Municipal Clerk are authorized to execute, on behalf of the Municipality of Clarington, with the Corporate Seal, purchase and sale agreements between 708545 Ontario Limited and the Corporation for the lands identified on Schedules 1, 2 and 3 BY-LAW read a first time this 5th day of October 2009 BY-LAW read a second time this 5th day of October 2009 BY-LAW read a third time and finally passed this 5th day of October 2009 Jim Abernethy, Mayor Patti L. 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