HomeMy WebLinkAboutWD-10-96THE
REPORT
Meeting: GENERAL PURPOS~ AND ADMINISTRATION COMMITTEE File# (~ t~ ee~~//
Res. #C~a_~~_ 'Ib
Date: FEBRUARY 19, 1Q96
By-Law #
Report #: ~*°n-i ~-~ ~ .File #: iGOb~.Ob-..O 1
Subject: REQUEST TO CON~IEY PART OF CLOSED ROAD ALLOWANCE
BETWEEN LOTS 6 AND 7, CONCESSION 6, FORMER CLARKS TOWNSHIP,
TO ERWIN ZACHARTAA
Recommendations:
It is respectfull}{ recommended that the General Purpose and
Administration Committee recommend to Council the following.:
1. .THAT Report WD!-10-96 be received;
7. THAT. staff bet authorized to advertise a Public Heari ng,
required by t}:e Municipal Act, to convey that part of the.
closed road,aliowance described as Part 5, Plan 40R-16671, to
Erwin Zacharias;
3. THAT if, following such Hearing, Council decides to pass the
by-law to convey the closed road allowance, the Mayor and
Clerk be authorized to execute the necessary documents to
complete the conveyance;
4. THAT the selling price of the property be established at
nominal consideration plus all costs associated with this
transaction; ',
5. THAT Mr. J. David McPhail of Dale & Lessnusnn, solicitor for.
the applicant,; be advised of Council's decision..
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REPORT NO.: WD-10-96 PAGE 2
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Report WD-4-96
No. 3: Copy. of By-law No. 96-1 to exempt a Quit Claim
Transfer
No. 4: Copy of By-law No. 96-2 to authorize the execution
of a Quit Claim Tra nsfer
No. 5: Copy of By-law No. 95-22 to Establish Procedures
Governing the Sale of Real Property
2.0 BACRGROIIND
2.1 Council, at a, special meeting on January 8, 1996, passed
Resolution #C-1-96:
"THAT Report WD-4-96 be received;
TBAT Council pass a by-law to exempt the quit
claim transfer referred to in Recommendation 3
from the requirements of By-law No. 95-22;
THAT Council authorize the Mayor and Clerk to
execute a quit claim transfer of the portion
of the closed road allowance between Lots 6
and 7, Concession 6, former Township of
Clarke, now shown as Part 5 on Plan 40R-16671
(Attachment No. 1), from the Municipality to
Ahmad Rhodkar for a nominal consideration,
subject to:
a) Mr.'Rhodkar executing and delivering to
the, Municipality an agreement to
indemnify the Municipality against any
1011
REPORT NO.: WD-10-96
loss'. or cost, in a form and with a
content satisfactory to the
Municipality's Solicitor; and
b) Mr. Khodkar paying the Municipality the
cost, of publication of the notice of the
meeting of Council to consider his
request, and the Municipality's legal
expenses; and
THAT Mr. William W. Walker, the solicitor for
Mr. Ahmad Khodkar, be advised of Council's
decision."
PAGE 3
2.2 Council at the same meeting passed By-laws 96-1 (Attachment
No. 3) and 96-2 (Attachment No. 4).
2.3 Mr. J. David .McPhail, solicitor for the purchaser of the
subject property, submitted on behalf of the purchasers on
January 30, 1996, an application for conveyance of the subject
road allowance. Mr. Zacharias has purchased the abutting
property from, Mr. Khodkar. Mr. Zacharias, the purchaser,
prefers to obtain title to the closed road allowance through
the provisions of the Municipal Act and the procedure
specified in the Municipality's Road Closure and Conveyance
Policy and Procedure.
3.0 REVIEW AND COMMENTS
3.1 Exemption Frog By-law 95-22 (Attachment No. 51
Council, in Resolution #C-1-96, approved the Quit Claim
Transfer of the land at nominal consideration, provided the
applicant satisfied the conditions of Council. The applicant
1012
REPORT NO.: WD~10-96
PAGE 4
satisfied the conditions of Council and, by execution of said
Quit Claim, Council waived claim to the property.
3.2 Procedure
Since Council. has waived rights to the property and
established a' value of nominal consideration, it is
appropriate to proceed to advertise a Public Hearing required
by the Municipal Act. At that meeting a By-law will be
submitted to ,authorize conveyance of the subject road
allowance in accordance with the Municipal Act.
Respectfully submitted,
~~ `~2
Stephen A. Yokes, PEng.
Director of Public Works
Reviewed by,
`a ~')
W. H. Stockwell
Chief Administrative Officer
JCO*ph
February 9, 1996
Attachments
Mr. J. David McPhail
Dale & Lessmann
Barristers & Solicitors
Suite 2000, Box 73
Commercial Union Tower
Toronto-Dominion Centre
Toronto, ON MSK lE7
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DRAWN BY: JM DATE: JAN. 1996
ATTACHMENT N0. 1
WD-10-96
T~ xxx~StS~~iAtic~Rk~ic~~~~c3~~- xx~1vN
REPORT
Meeting: SPECIAL MEETING OF COUNCIL File #
Res. #
Date: JANUARY 8, 1996
By-Law #
Report#: T~-4-4F File#: ~-~~-R~-O1
Subject: QIIIT CLAIM TRANSFER OF PART OF THE CLOSED ROAD ALLOi~ANCE
BETWEEN LOTS 6 AND 7, CONCESSION 6, FORMER TOWNSHIP OF CLARKE
Recommendations:
It is respectfully recommended that Council adopt the following:
1. THAT Report WD-4-96 be received;
2. THAT Council pass a by-law to exempt the .quit claim transfer
referred to in Recommendation 3 from the requirements of By-
law No. 95-22;
3. THAT Council authorize the Mayor and Clerk to .execute a quit
claim transfer of-the portion of the closed road allowance
between Lots 6 and 7, Concession 6, former Township of Clarke,
now shown as Part 5 on Plan 40R-16671 (Attachment No. 1), from
the Municipality to Ahmad Rhodkar for a nominal consideration,
subject to
a) Mr. Khodkar executing and delivering. to the Municipality
an agreement to indemnify the Municipality against any
loss or cost, in a form and with a content satisfactory
to the Municipality's Solicitor, and,
b) Mr. Rhodkar paying to the Municipality the .cost of
publication of the notice of the meeting of Council to
consider his request, and the Municipality's legal
expenses; and
:;
REPORT NO.: WD-4-96
PAGE 2
4. THAT Mr. William w. walker, the solicitor for Mr. Ahmad
Khodkar, be advised of Council's actions.
REPORT
1.0 Amm nrH-~ rrrg
No. 1: Key Map
No. 2: Copy of By-law No. 1563 passed on October 3, 1967,
by the Council of the former Township of Clarke
No. 3: Copy of Affidavit of Justice Richard Lovekin,
formerly a solicitor for the Township of Clarke
No. 4: Copy of By-law No. 95-22
No. 5: Proposed By-law exempting the proposed quit claim
transfer of the portion of the closed road
allowance in question to Mr. Khodkar from the
provisions of By-law No. 95-22
2.0 BACKGRODND
2.1 By-law No. 1563 was passed by the C it of the former
Township of Clarke on October 3 1967, pursuant to the
Municipal Act (Attachment No. 2). It opped up and closed a
number of road allowances and parts of road allowances in the
former Township of Clarke, including the road allowance
between Lots 6 and 7 in the 6th Concession, extending from the
southerly limit of the 6th Concession to the northerly limit
of it (Attachment No. 1). According to Mr. H. E. Millson, the
former Clerk of the Township of Clarke, road closing by-laws,
such as By-law No. 1563, were passed when Council decided that
it wished to dispose of the road allowances, Council desiring
to transfer title to them to the abutting owners. In fact,
parts of the closed road allowance between Lots 6 and 7,
Concession 6, have been ,transferred to the abutting owners and
the transfers have been registered on title.
~~~~
REPORT NO.: WD-4-96
PAG'& 3
2.2 An exception is the portion of the closed road allowance
between Lots 6 and 7 situated south of Regional Road No. 9 and
shown on Reference Plan 40R-16671 as Part 5 (Attachment No.
1). The abutting Parts 4 and 6, also shown on Attachment No.
1, are owned by Ahmad Rhodkar whose address is 4597 Regional
Road No. 9, Rendal, Ontario.
2.3 Mr. Khodkar had purchased the lands shown as Parts 4, 5 and 6
on Plan 40R-16671 from the late Mrs. Bertha Little in 1989.
However, a transfer of Part 5 (the portion of the closed road
allowance in question) to Mrs. Little had not been registered
on title. In order to clarify Mr. Rhodkar's title, Mr.
William W. Walker, Mr. Rhodkar's solicitor, has requested that
the Municipality execute a quit claim transfer releasing any
interest in the portion of the closed road allowance in
question to Mr. Khodkar for a nominal consideration.
2.4 Mr. William W. Walker has made inquiries of retired Justice
Richard Lovekin who formerly was the solicitor for the
Township of Clarke. The property immediately to the south of
Mr. Rhodkar's lands was owned in 1968 by Mrs. Catherine
Fitzgibbon. By deed of conveyance, dated February 7, 1968,
the portion of the closed road allowance between Lots 6 and 7
abutting Mrs. Fitzgibbon's land was conveyed to her by the
Township of Clarke. This deed is registered on title.
2.5 In his affidavit (Attachment No. 3) sworn on January 4, 1996,
Justice Lovekin states that, as a corollary of passing road
closing by-laws including By-law No. 1563, the Township of
Clarke, at that time, had a policy of deeding closed road
allowances to the abutting land owners at no charge to them.
Also,, Justice Lovekin states that it was a practice of the
Township of Clarke, after enacting a road closing by-law, to
I J
REPORT NO.: WD-4-96
PAGE 4
have him prepare deeds in favour of the abutting owners to the
portions of the closed road allowances in question, and
deliver the unregistered deeds to the abutting land owners for
registration by them. Justice Lovekin further states that he
recalls the conveyance of the portion of the closed road
allowance between Lots 6 and 7 to Mrs. Fitzgibbon and. states
that the deed was prepared by him in accordance with the
policy and practice of the Township just mentioned. With
regard to the late Mrs. Little, the predecessor in title of
Mr. Rhodkar, Justice Lovekin states that he understood that in
1967 and 1968 Mrs. Little was the owner of the lands abutting
the portion of the closed road allowance that lays between
what is now Regional Road No. 9 and the northerly limit of the
lands conveyed to Mrs. Fitzgibbon. Further, he states that he
knows of no reason why he would not have prepared a similar
deed from the Township of Clarke in favour of Bertha Little in
the year 1968 for the portion of the closed road allowance in
question and delivered it to her in an unregistered form., and
he believes that that was done.
2.6 Justice Lovekin's affidavit provides persuasive evidence that
a deed of conveyance of what now is shown as Part 5 on
Reference Plan 40R-16671 had been delivered by Justice Lovekin
to the late Mrs. Little pursuant to the Township of Clarke's
policy and practice.
2.7 The Municipality's Solicitor advises that it is not a
requirement to a deed of conveyance being effective that the
deed be registered on title to transfer title to the portion
of the closed road allowance in question from the Township of
Clarke to the late Mrs: Little. Accordingly, on the basis of
Justice Lovekin's affidavit, Mrs. Little would have taken
title to the portion of the closed road allowance in question
1D1~
REPORT NO.: WD-4-96
PAGE 5
on the delivery of the deed of conveyance to her presumably in
1968.
2.8 Mr. Rhodkar is the successor in title to the late Mrs. Little
to Parts 4, 5 and 6 on Plan 40R-16671. Since the beneficial
owner of the portion of the closed road allowance in question
would appear to be Mr: Rhodkar, the Municipality does not
appear to have any beneficial interest in it. To clarify Mr.
Rhodkar's title, the Municipality could execute a quit claim
transfer and release to Mr. Rhodkar. This would be
registered on title.
2.9 If the Municipality had had the beneficial ownership of the
portion of the closed road allowance in question, the
requirements of Section 193 of the Municipal Act, dealing with
the sale of surplus real property and the procedures set out
in By-law No. 95-22, would have to be complied with. Section
193 requires, as a general rule, that an appraisal of the
value of surplus land be prepazed before it is sold. However,
Regulation 815/94 exempts closed road allowances from the
requirement that an appraisal be prepared. Therefore, an
appraisal of the value of the portion of the closed road
allowance in question is not required. Section 193 also
requires Council to pass a by-law or resolution to declare
real property to be surplus before it can be sold. However,
the closure of and the sale of the beneficial interest in the
portion of the closed road allowance in question took place
before the Municipality was incorporated. The Municipality's
Solicitor advises that, in his opinion, the current
requirement of Section 193 of the Municipal Act being a
declaration that real property is surplus does not apply in
the present circumstances.
~,~19
REPORT NO.: WD-4-96
PAGE 6
2.10 By-law No. 95-22 (Attachment No. 4) requires that at least
seven (7) days' notice be given, by way of newspaper
advertisement, of the Council meeting at which a proposed sale
of surplus land is to be considered. The Municipality's
Solicitor advises that, if Council decides to grant Mr.
Rhodkar's request, a by-law (Attachment No. 5) should be
passed exempting the proposed quit claim transfer of the
..portion of the closed road allowance in question to Mr.
Rhodkar from the provisions of By-law No. 95-22.
3.0 CONCLIISION
3.1 In the circumstances, it is recommended that Council approve
Mr. William W. Walker's request on behalf of Mr. Ahmad Rhodkar
and authorize the Mayor and Clerk to execute a quit claiun
transfer of Part 5 on Plan 40R-16671 to Mr. Rhodkar for a
nominal consideration, subject to payment to the Municipality
of the cost of publishing notice of the meeting of Council to
consider Mr. Walker's request, the execution and delivery to
the Municipality of an indemnity agreement satisfactory to the
Municipality's Solicitor, and payment of the Municipality's
legal expenses.
Respectfully submitted,
Stephen A. Vokes, P.Eng.
Director of Public Works
Reviewed by,
W. H. Stockwell
Chief Administrative Officer
DH*ph
January 5, 1996
Attachments
1020
REPORT NO.: WD-4-96 PAS ~
Mr. William W. Walker
O'Flynn Weese Tausendfreund
Barristers & Solicitors
65 Bridge Street East
Belleville, Ontario
R8N 1L8
Mr. Ahmad Khodkar
4597 Regional Road 9
General Delivery
Rendal, ON LOA lE0
1021
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~~~' ~°' g ~ DRAWN BY: JM DATE: JAN. 1996
'~ ~I I °`PH ° I ~ ATTACHMENT N0. l
KEY MAP ~-4-96 10 2 2
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'1'ili GAU'uXdf lUY UI' '1'dE '1'UAr:5Ff l1' OF CLniCKL'
BY-LhA NU. 15F,;;
i
~' 3•, lie in.~ a by-law to stop-up certain
noau xllowane rs and certain darts
of road allowances in the Township
ui C: arke.
AIiEREa:; uuL ice of intention Lo piss Chin by-law was
published o::c.• a week for at least four sucr.Ns:: i.ve weeks in
Lhe Uro rw K.:rt ly Times and was posted al, for aL least onr
wouLh in si.. .,. Lhe most l:uUl is places in th.• ircnaediatr.
! na ighhourho<Nl .. f' each of Lhe said road allowances ur parts
of road a7.1 .~wances hereby affected as required L+y the
provisions ,.f 'fh~ Municipal nct; -
nttU dli.licG..S Council has received no oh jrctions from
persons cla Lui ag that their ].and wou7.d be pr•e,iudici al ly
affected 6y th•' by-law;
NUq 'lii::iu::'U:dE the Municipal Cuune~il of Lht• Corlwrati on
of the Townshi .• of Clarke iiJnCTS a:i 1'U11CA7S:
1. T11nT a]1 :.hose road allowances :ann rk, rLS of ru xd
allowances in L'ne Township of Clarke described in
t; c'redule ".:" ;a.d formi.n~ part of this by-7 aw he and the same
ar.: hereby stu;gxd up.
itEnD x first nc! second time this 19th day of September 196,'
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ATTACHMENT N0. 2
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ei' C:Lark~~, ~:ounty of Lt.rhan., more p::rLl ~t.larly dr•scri hed
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4. Yart of th<~ ,<e ad allowance br.ty•-<:n ::onccssi cn y arrd li)
adjacent to Lot 35 in Clte township of Clarkee, County of
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IN THE MATTER OF THE TITLE TO PART OF THE ROAD ALLOWANCE
BETWEEN LOTS 6 & 7, CONCESSION 6, TOWNSHIP OF CLARKE,
NOW IN THE MUNICIPALITY OF CLARINGTON,
REGIONAL MUNICIPALITY OF DURHAM,
DESIGNATED AS-PART 5, PLAN 40R-16671
A F F I D A V I T
of ERIC RICHARD LOVEKIN
I, ERIC RICHARD LOVEKIN, of the Municipality of
Clarington in the Regional Municipality of Durham MAKE OATH AND SAY
AS FOLLOWS:
1. I am a retired justice of the Ontario Court General
Division. Prior to my appointment to the Bench, I was a Barrister
and Solicitor duly authorized to practice law in the Province of
Ontario.
2. In the years 1967 and 196-8, I was practicing law as a
Barrister and Solicitor and I was the solicitor for the Corporation
of the Township of Clarke. -~
3. I have now had produced and shown to me a copy of By-
law No. 1563 for the Corporation of the Township of Clarke dated
October 3, 1967 and registered February 2, 1968 in the Land
Registry Office for the Registry Division of the west Riding of the
County of Durham as No. N35581 which closed and stopped-up certain
road allowances in the Township of Clarke including the road
allowance between Lots 6 and 7 in the 6th Concession of the said
Township of Clarke.
ATTACHMENT N0. 3
Wit-4-96
I ~ ~ ~~:f
- 2 -
4. I recall that at that time the said Township of Clarke
was seeking to close a number of road allowances which the
municipality knew were not required by it and would not be required
in the future so as to reduce its potential financial
responsibilities for any maintenance and repair.
5. I further recall that as a corollary to the closing of
the said road allowances that it was the policy of the Township of
Clarke at that time to deed the said closed road allowances to the
abutting land owners at no charge to them.
6. It was the practice of the Township of Clarke, after
enacting-the appropriate By-law to close a road allowance, to have
me prepare deeds in favour of the abutting land owners to the
portions of the closed road allowances in- question and
subsequently, the unregistered deeds were delivered to the abutting
land owners for registration by them.
7. I have now also had produced and shown to me a copy of
a deed dated February 7, 1968 and registered February 15, 1968 in
the Land Registry Office for the Registry Division of the West
Riding of the County of Durham as No. N35665 which is a deed from
the Township of Clarke to Catherine Marion Fitzgibbon under which
a portion of the closed road allowance lying between Lots 6 and 7,
Concession 6 was conveyed to her.
1028
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8• The said deed was prepared by'me in accordance with the
policy and practice of the Township of Clarke mentioned above.
9• It is my understanding that in 1967 and 1968, Bertha
Little was the owner of the lands in Lot 7 and Lot 6, Concession
6, Township of Clarke abutting the portion of the road allowance
that lay between what is now Regional Road Number 9 and the
northerly limit of the lands conveyed to Fitzgibbon under
Instrument No. N35665.
10. Having reviewed the said Instrument No. N35665 in favour
of Fitzgibbon and keeping in mind the policy and practice of the
Township of Clarke at the time,. .I know-of no reason why I would not
have prepared a similar deed from the Township of Clarke in favour
of Bertha Little in the year 1968 for the portion of the closed
road allowance in question and that it would have been subsequently
delivered to her in an unregistered form and I believe that that
_. /
was done. ~~ ~ l
/ ; ,:
SWORN BEFORE ME at the ) ~~ ,~ . ~ ~ ~ , ~ ~~
Municipality of Clarington ) !%`~.--'-
in the Regional M icipality )-~ ! ~" ~.~-,...= _
of Durham this da of ~`J~
January 1996 y ) ERIC RICHARD LOVEKIN -
)
j' l
(/V j ,, ~
~/~/ )
A commissioner etc.
~az~
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-22
being a by-law to establish procedu«s governing the sale of real
property pursuant to subsections 193(2) and (3) of the Municipal
Act, R.S.O. 1990 c.M.45, as amendcd
WHERCAS Section. 55 of the Planning and Mruticipa( Statute Law Arueadncent Acr, 1994 was
proclaimed to be in force on January 1, 1995. It «pealed and replaced Section 193 of tltc
Mnnirfpnl An, R.S.O. 1990, c.M.4S wilt a new Section 193;
AND WFIERGAS the new subsections 193(2):md (3) of the MunfcipulAcr tYyvire every council
with authority to sell or otherwise dispose of real property to pass a by-law to establish
procedures, including the giving of notice to the public, governing the sale of real property;
AND WHEREAS it is expedient to enact this By-law to establish procedures governing the sale
of real property under subccction 193(2) of the Mraricipn( Act, as amendcd,
NOW THEREFORE DE 1T ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICJPALITY OF CLARINGTON AS FOLLOWS:
In pris by-luw, the term:
• "Act" means the Municipal Act, R.S.O. 1990 c.M.45, as amended from
time to tune and includes «gulations made under it;
• "Council" means the council of [he Corporation of [he Municipality of
Clarington;
• "Municipality" means The Corporation of the Municipality of Clarington;
• "sale" includes a lease of 21 years or longer; and
• "surplus property' means real property owned or leased by The
Corporation of the Municipality of Clarington which is not required for
the purposes of the Municipality:;
2• The Municipality's Chief Administrative Officer, or a Director or other head of a
department of the Municipality to whom Council has assigned responsibility for real
property awned or leased by the Municipality in consultation with the Director of
Planning and Development, from time to time shall:
(a) identify real property that should bz declared to be surplus property by
Council;.
(b) report to Council recommending that Council declare the particular real
property to be surplus property and setting out the reason why it should
be declared to be surplus property; and
(c) advise in every report recommending that Council declare particular real
property to be surplus property that at least one appraisal of the fair
market value of the real property in question should be obtained before
Council decides to s611, or exchange and transfer the real property in
accordance with the Act and this by-law, unless an appraisal is na
required under Ilte Act.
ATTACHMENT N0. 4
WD-4 -96
1030
-z-
3• Despite Section 2 but subject to [Ile requiremeau of the Act, where real propeny owned
by the Municipality consists of highways, public lanes, roads or road allowances, the
Director of Public Works in consultation with the Director of Planning and Development
from time to time shall:
(a) identify the real property that should be declared surplus propeny by
Council;
(b) report to Council complying with the Act and Repon WD-3-90 which was
adopted by Council at its meeting on February 12, 1990, recommending
that Council declare that the particular real propeny [o be surplus property
and setting out the reasons wlty it should be declared to he surplus
propeny;
(c) advise in every repon recommending that real property be declared by
Council to be surplus property that at least one appraisal of the fair market
value of the real property in question should be obtained before Counci!
decides to sell, or transfer the real property in accordance with the Act
and this by-law, unless an appraisal is not required under the Act; and
(d) advtse m every repon recommending that real propeny be declared to be
surplus property, appropriate terms and conditions for the sale or transfer
of the real propeny if it is declared to be surplus property. _
4• Where a report to Council is made by the Chief Administrative Officer, a Director or
other head of a department of the Municipality pursuant to Section 2 of [his By-law, [Ire
Director of Planning and Development may also report to the same meeting of Council
in all cases in which he is of the opinion that the real propeny in question, if it is
declared Ay Council to be surplus property, should be sold at its appraised fair market
value to a property owner for development in accordance with a land use plan of the
Municipality rather than being sold by public tender, and shall set out his
recommendation as to the terms and conditions under which such surplus Property should
be transferred to a property owner by the Municipality. Where in reviewing a repon [o
Council pursuant to Section 2 of this By-law the Director of Planning and Development
considers that it to be appropriate in the interest of the Municipality in order to achieve
an objective of a land use plan of the Mtnicipality that the real property in question if =.
declared by Council to be surplus property be sold to a propeny owner for a
consideration which is the exchange and transfer to the Municipality of real propeny of
an equivalent or higher value after at leas[ one appraisal of the fair market value of the
real propeny to be exchanged and transferred for the surplus propeny has been obtained
by the Municipality, the Director of Planning and Development may recommend the sale
by way of exchange and transfer to Council setting out his recommendation as to the
terms and conditions under which the surplus propeny should be sold by way of
exchange for other real propeny. _
5~ After complying with the provisions of the Act, and in the case of highways, roads or
road allowances the aforesaid Repon WD-3-90:
(a) before selling or otherwise disposing of real propeny, Council by by-law
or resolution shall declaze the real property in question [o be surplus
propeny in public session; and
(b) Council shall also determine whether the surplus property refereed to in
clause (a) shall be sold by the acceptance of an offer to purchase
submitted by menrbErs of the public in response to an invitation to the
public to tender offers to purchase, sold at its appraised fair market value
to an adjacent propeny owner, or exchanged and transferred for propeny
of equivalent or~ greater value as recommended by the Director of
Planning and Development pursuant to Section 4 of this By-law.
1031
. .
-3-
6. Before selling any surplus property whether for cash or the exchange and transfer of
other real property for it, unless otherwise provided by the Act, Council shall obtain at
least one assessment of the fair market value of the surplus property.
7. (1) In addition to complying with all relevant provisions of the pct, the Clerk shall
give notice of n proposed sale of surplus property of the Municipality whether for
a consideration to be paid in cash or the exchange and transfer of otltcr real
property for the surplus property shall by causing a notice to be published nt Icast
once in a newspaper of general circulation in the area in which the surplus
property is located not Icss than seven days prior to the date of the meeting of
Council at which the proposed sate of surplus property for cash or exchange and
transfer is to be considered.
(2) The notice referred to in subsection 7(I) shall:
(a) briefly describe the surplus property;
(b) shall state whether it is proposed to be exchanged, sold by public
tender, or sold to a property owner;
(c) shall specify in the case of a sale of surplus property by public
tender the name and address of the official of the Municipality
from whom interested persons can obtain an information package
containing the terms and conditions of the invitation to members
of the public to tender offers to purchase the surplus property and
containing terms and conditions of any sale; and
(d) shall state that the decision of Council to sell the surplus property
in question for cash or exchange for other real property will be
considered at the public meeting of Council on the date. and at the
time specified in the notice.
By-law read a first and second time this 6ch day of Harch 1995.
By-law read a third time and finally passed this 6ch day of ttarch 1995.
MAYIIZ
'.,,
,,
CiERh
1Q32
~*
TBE CORPORATION OF THS MONICIPALITY OF ~.ARZNGTON
BY-LAW NO. 96-1
Being a by-law to exempt a quit claim transfer
of a portion of the closed road allowance
between Lots 6 and 7, Concession 6, former
Township of Clarke to the owner of the
abutting ianda from the provisions of By-law
No. 95-22
WAFRRaq Council has adopted the recommendations contained in Report
WD-4-96 recommending that this by-law be passed;
NOW THEREFORE BE ZT ENACTED BY THE COONCIL OF THE CORPORATION OF
THE MONICIPALITY OF CLARINGTON l4S FOLLONS:
1. THAT the consideration and authorization by Council of the
making of a quit claim transfer of Part 5 shown on Reference
Plan 40R-16671 from the Municipality to Mr. Ahmad Khodkar, the
owner of the abutting lands shown as Parts 4 and 6 on Plan
40R-16671, be exempted from the provisions of By-law No. 95_
22.
BY-LAW read a first and second time this 8th day of January, 1996.
HY-LAW read a third time and finally passed this 8th day of
January, 1996.
MAYOR
CLERK
ATTACHMENT N0. 5
WD-=4-96
1033
TBE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 96-1
Being a by-law to exempt a quit claim transfer
of a portion of the closed road allowance
between Lots 6 and 7, Concession 6, former
Township of Clarke to the owner of the
abutting lands from the provisions of By-law
No. 95-22
WHEREAS Council has adopted the recommendations contained in Report
WD-4-96 recommending that this by-law be passed;
NOW THEREFORE BE IT ENACTED BY THE COONCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT the consideration and authorization by Council of the
making of a quit claim transfer of Part 5 shown on Reference
Plan 40R-16671 from the Municipality to Mr. Ahmad Khodkar, the
owner of the abutting lands shown as Parts 4 and 6 on Plan
40R-16671, be exempted from the provisions of By-law No. 95-
22.
BY-LAW read a first and second time this 8th day of January, 1996.
BY-LAW read a third time and finally passed this 8th day of
January, 1996.
~ ~ ~~~~~/
MAYOR
i
~ .! X' ~
CLERK
ATTACHMENT N0. 2
WD-10-96
1034
TES CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 96-2
Being a by-law to authorize the execution of a
quit claim transfer from The Corporation of
the Municipality of Clarington to Ahmad
Khodkar of the portion of the closed road
allowance between Lots 6 and 7, Concession 6,
former Township of Clarke
TAE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
THAT the Mayor and the Clerk are hereby authorized to execute,
on behalf of The Corporation of the Municipality of
Clarington, and seal with the Corporate Seal, a quit claim
transfer of the portion of the closed road allowance between
Lots 6 and 7, Concession 6, former Township of Clarke, shown
as Part 5 on Plan 40R-16671, attached hereto as Schedule "A".
BY-LAW read a first and second time this 8th day of January, 1996.
BY-LAW read a third time and finally passed this 8th day of
January, 1996.
MAYOR
i
~ ~
CLERK
ATTACHMENT N0. 3
WD-10-96
1035
THE CORPORATION OF THE MUN[CIPALITY OF CLARINGTON
HY-LAW 95-22
being a by-law to establish procedures governing the sale of real
property pursuant to subsections 193(2) and (3) of the Municipal
Act, R.S.O. 1990 c.M.45, as amended
WHEREAS Sectian 55 of the Planning and Municipaf Stature Law Amendment Acr, 1994 was
proclaimed to be in force on January 1, 1995. It repealed and replaced Section 193 of the
Municipn! Arl, R.S.O. 1990, c.M.45 with a new Section 193;
ANll WHEREAS the new subsections 193(2) and (3) of the Municipu(Acr require every council
with authority to sell or otherwise dispose of real properly [o pass a by-law to establish
procedures, including the giving of notice to the public, governing the sale of real properly;
AND WHEREAS i[ is expedient to enact this By-law to establish procedures governing the sale
of real property under subsection 193(2) of the Municipal Act, as amended,
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
In this by-law, the term:
• "Act" means the Municipal Acr, R.S.O. 1990 c.M.45, as amended from
time to time and includes regulations made under it;
• "Council' means the council of the Corporation of the Municipality of
Clarington;
• "Municipality" means The Corporation of the Municipality of Clarington;
• °sale" includes a lease of 21 years or longer; and
• "surplus property" means real property owned or leased by The
Corporation of the Municipality of Clarington which is not required for
the purposes of the Municipality:
2. The Municipality's Chief Administrative Officer, or a Director or other head of a
department of the Municipality to whom Council has assigned responsibility for real
property owned or leased by the Municipality in consultation with the Director of
Planning and Development, from time to time shall:
(a) identify real property that should be declared ro be surplus property by
Council;
(b) report to Council recommending that Council declare the particular real
property to be surplus property and setting out the reason why it should
be declared to be surplus property; and
(c) advise in every report recommending that Council declare particular real
property to be surplus property that at leas[ one appraisal of [he fair
market value of the real property in question should be obtained before
Council decides to sell, or exchange and transfer the real property in
accordance with the"Act and this by-law, unless an appraisal is no[
required under, the Act.
ATTACHMENT N0. 4
WD-10-96
1Q36
-z-
3. Despite Section 2 but subject to the requirements of the Act, where real propetty owned
by the Municipality consists of highways, public lanes, roads or road allowances, the
Director of Public Works in consultation with the Director of Planning and Development
From time to time shall:
(a) identify the real property that should be declared surplus property by
Council;
(b) report [o Council complying with the Act and Report WD-3-90 which was
adopted by Council at its meeting on February 12, 1990, recommending
that Council declare that the particular real property to be surplus propetty
and setting out the reasons why it should be declared to he surplus
property;
(c) advise in every report recommending thu real property be declared by
Council to be surplus property that at least one appraisal of the fair market
value oC the ['cal property in question sl[ould be obtained before Council
decides to sell, or transfer the real properly in accordance with the Act
and this by-law, unless an appraisal is not required under the Ac[; and
(d) advise in every report recommending that real property be declared to be
surplus property, appropriate [erns and conditions far the sale or transfer
of the real property if i[ is declared to be surplus properly.
4. Where a report to Council is made by the Chief Administrative Officer, a Director or
other head of a department of the Municipality pursuant to Section 2 of [his Bylaw, the
Director of Planning and Development may also report to the same meeting of Council
in all cases in which he is of the opinion that the real property in question, if i[ is
declared by Council to be surplus property, should be sold at its appraised fair market
value to a propetty owner for development in accordance with a land use plan of the
Municipality rather than being sold by public tender, and shall sex out his
recommendation as to the terms and conditions under which such surplus property should
be transferred to a property owner by the Municipality. Where in reviewing a report to
Council pursuant to Section 2 of this By-law the Director of Planning and Development
considers that it to be appropriate in the interest of the Municipality in order to achieve
an objective of a land use plan of the Municipality that the real property in question if
declared by Council to be surplus property be sold to a property owner for a
consideration which is the exchange and transfer to the Municipality of real properly of
an equivalent or higher value after at least one appraisal of the fair market value of [he
real property to be exchanged and transferred for the surplus property has been obtained
by the Municipality, the Directo[' of Planning and Development may recommend the sale
by way of exchange and transfer to Council setting out his recommendation as to [he
terms and conditions under which the surplus property should be sold by way of
exchange for other real property. __
i. After complying with the provisions of the Act, and in the case of highways, roads or
road allowances [he aforesaid Report WD-3-90:
(a) before selling or otherwise disposing of real property, Council by by-law
or resolution shall declare the real properly in question to be surplus
property in public session; and
(b) Council shall also determine whether the surplus property referred [o in
clause (a) shall be sold by the acceptance of an offer to purchase
submitted by members of the public in response to an invitation to [he
public to tender offers to purchase, sold at its appraised fair market value
ro an adjacent properly owner, or exchanged and transferred for property
of equivalent or' greater value as recommended by [Ile Director of
Planning and Development pursuant to Section 4 of this By-law.
1037
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6. Before selling any surplus property whether for cash or the exchange and transfer of
other real property for it, unless otherwise provided by the Act, Council shall obtain at
least one assessment of the fair market value of the surplus property.
(1) In addition to complying with all relevant provisions of the Act, the Clerk shall
give notice of a proposed sale of surplus property of the Municipality whether For
a consideration to be paid in cash or the exchange and transfer of other real
property for the surplus property shall by causing a notice to be published at least
once in a newspaper of general circulation in the area in which the surplus
property is located not less than seven days prior to the date of the meeting of
Council at which the proposed sale of surplus property for cash or exchange and
transfer is to be considered.
(2) The notice referred to in subsection 7(1) shall:
(a) briefly describe the surplus property;
(b) shall state whether it is proposed to be exchanged, sold by public
tender, or sold to a property owner;
(c) shall specify in the case of a sale of surplus property by public
tender the name and address of the official of the Municipality
from whom interested persons can obtain an information package
containing the terms and conditions of the invitation to members
of the public to tender offers to purchase the surplus property and
containing terms and conditions of any sale; and
(d) shall state that the decision of Council to sell the surplus property
in question for cash or exchange for other real property will be
considered at the public meeting of Council on the date and a[ the
time specified in the notice.
By-]aw read a firs[ and second time this 6ch day of parch 1995.
By-law read a third time and finally passed this 6ch day of ttarch 1995.
~ ~
MAI'QZ
'Y,
4
.^r.~'Rii
1038