HomeMy WebLinkAboutWD-11-96
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~ ~ '
Res. # '' _a~-~~ .
Date: FEBRUARY 19, ];996 By-Law# ~1srz--~i
ReRort#: wn_it_o~ File#:' n~0~-?S.O1
Subjec~:r ROAD CLOSURE. ~ CONVEYANCE,
PART LOT 15, (i"ONCSSSION 5, FORMER DARLINGTON TOWNSHIP,
BROWN SALE TOEHUWES, 5340 DURHAM ROAD 57, HAMPTON
Recommendations:
It is respectfulh~y recommended that the General Purpose and
Administration Com~trittee recommend to Council the following:
1. THAT Report WS-11-96 be received;
2. THAT part of', the Forced Road described as Part 1, Plan
40R-16744 in ,Darlington Township, be declared to be surplus
property;
3. THAT staff k}e authorized to advertise a Public Hearing,
required by tlhe Municipal Act, to stop-up, close and convey
that part of jthe Forced Road in Lot 15, Concession 5, former.
Darlington Township, to William Gary Eeuwes and Catherine Mary
Eeuwes; ',
4. THAT if, following such Hearing, Council.. decides to pass .the
by-law to sto~i-up, close and convey the Forced Road, the Mayor
and Clerk be lauthorized to execute the necessary documents to
complete the ,closure and conveyance;
5. THAT the proposed Sy-law (Attachment No. 5) be passed to
exempt the Municipality from the requirement of By-law 95-22
to obtain anjAppraisal of Fair Market Value;
P.o..~®a.~.~a. 10 3 9
,~so~o~~,~oP.~A
REPORT NO.: WD-11-96
PAGE 2
6. TBAT the selling price of the property be established at the
nominal fee of $2.00 plus all costs associated with this
transaction; and
7. TBAT Jennifer S. Thomson of Sims Brady Thomson & Babbs,
representatives of the applicant, be advised of Council's
decision.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Copy of correspondence dated February 1, 1996, from
Jennifer S. Thomson of Sims Brady Thompson & Babbs,
representative of the applicant
No. 3: By-law 2269 passed in 1964
No. 4: Copy. of correspondence dated August 2, 1995, from
Karen Ellicott, Legal Assistant, Sims Brady Thomson
& Babbs
No. 5: Prop~psed By-law to exempt the Municipality from the
requsrement of By-law 95-22
No. 6: Copy. of By-law 95-22
2.0 BACKGROIIND
2.1 In correspondence, dated February 1, 1996, from Jennifer S.
Thomson of Sims Brady Thomaon & Babbs (Attachment No. 2), a
request was received to pass a by-law stopping-up and closing
the "elbow" of the Forced Road and convey that part to the
abutting property owner (Attachment No. 1).
2.3 By-law 2269, passed in 1964 (Attachment No. 3), closed and
conveyed the Forced Road in Lot 15, Concession 5, and part of
the original road allowance between Lots 14 and 15, in the
1040
REPORT NO.: WD-11-96
PAGE 3
former Darlington Township, except for the "elbow", as shown
on Attachment No. 1.
2.4 A recent land transaction (Brown sale to Eeuwes) revealed that
the "elbow" portion of the Forced Road, south and west of
Regional Road 57, was not closed and conveyed by By-law 2269.
2.5 The Vendor's deed included the lands shown as the "elbow"
(Attachment No. 1), and the Purchaser's solicitor has accepted
an Undertaking from the Vendor to resolve the issue of title
to the "elbow"'portion of the Forced Road.
2.6 It should also be noted that there is a similar portion of the
Forced Road abutting the property immediately to the north
(Attachment No. 1). The solicitor for the Vendor made an
unsuccessful attempt to contact the owner (Sharp) to suggest
a joint application to clear title for both properties
(Attachment No'. 4). Since the property owner did not respond,
it is assumed that they do not wish to participate in the
process and since this land transaction is in progress, staff
recommend that the application proceed.
3.0 RECOMMI6NDATIONS
3.1 Exemption frog By-law 95-22
The value of the subject lands is considered minimal and the
cost of obtaining an appraisal to determine market value would
impose excessive cost with no benefit. It is recommended that
the requirement be waived and that the proposed By-law
(Attachment Nq. 5) be passed to exempt the Municipality from
the requirements of By-law 95-22 (Attachment No. 6).
3.2 That the portion of the Forced Road described as Part 1, Plan
40R-16744, be declared surplus property and that this portion
1041
REPORT NO.: WD-11-96
PAGB 4
of the Forced Road be closed and conveyed in accordance with.
Municipal Policy and Procedure for Road Closure and Conveyance
at a nominal cost of $2.00 plus associated costs.
Respectfully submitted,
St~ oke~ng.
Director of Public Works
JCO*ph
February 13, 1996
Attachments
Jennifer S. Thomson.
Sims Brady Thomson & Babbs
Barristers & Solicitors
117 Ring Street
P,O. Box 358
Whitby, ON L1N 5S4
Reviewed by,
W. H. Stockwe~l
Chief Administrative Officer
1042
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SHARPE
REMAINDER OF
FORCED ROAD
NOT CLOSED
& CONVEYED
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SUBJECT SITE J
PART 1 OF 40R-16744
L O T 1 5
C O N VI
SUBJECT PROPERTY
(BROWN SALE TO EEUWES)
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C: ATTACHS\DARL\40R_RG57.DWG
DRAWN BY: dM DATE: JAN. 1996
ATTACHMENT N0. 1
WD-11-96
X043
SIMS BRADY DAVID J.D. SIMS, e. COmm.uM DC
DONNA C. BABBS, e.A. u.H.
THOMSON &BABBS JENNIFER S. THOMSON, e.P.q. u.e.
JOHN F
. BRADV, eA. u.R. IRengeDl
BARRISTERS, SOLICITORS & TRADE MARK AGENTS ' CERTIFIED BY THE LAW SDCIETY
ASASPECIALIST IN CNIL LITIGPTION
117 KING STREET, P.O. BOX 358, WHITBV, ONTARIO L1N 5S4 TELEPHONE (905) 668-7704 FACSIMILE (905) 668-1268
February 1, 1996
By Courier
Ms. Janet O'Neill
Department of Public Works
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE, ONTARIO
L1C 3A6
Dear Ms. O'Neill:
Re: BROWN sale to EEUWES
5340 Durham Road 57, Hampton
Part Lot 15, Con.5, Darlington
Our File No.: 60585
In accordance with your letter dated January 24, 1996, please find enclosed
Application for Road .Closure together with our trust cheque in the amount of
$1,250.00.
Also enclosed is a copy of our letter to the Sharps dated August 2, 1995, to
which we have had no response.
We are instructing the surveyor to proceed with registration of the reference plan.
We look forward to hearing from you further with respect to this matter.
Encls.
cc: Irwin A. Hamilton
ATTACHMENT N0. 2
WD-11-96
1044
APPLICATION FOR ROAD CLOSURE AND CONVEYANCE
PART A -
DATE:
APPLICANT:
ADDRESS:
APPLICANT INFORMATION
TELEPHONE:
February 1, 1996
Larry Brown and Bonnie Brown, by their solicitor,
Jennifer S. Thomson
Sims Brady Thomson & Babbs
Barristers and Solicitors
117 King Street, P.O. Box 358
WHITBY, ON L1N 5S4
(905) 668-7704
PART B - DESCRIPTION OF LANDS
RE: MUNICIPAL ROAD ALLOWANCE KNOWN AND DESCRIBED AS:
Part of Lot 15, Concession 5, geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham, being part of the Forced Road as
described in Instrument No. 3008.
PART C - APPLICATION TO CLOSE AND CONVEY
WE, Larry Brown and Bonnie Brown, the former owners of property abutting the
Municipal Road Allowance as described above, do hereby request to have said
road allowance closed and conveyed in accordance with the Town's Policy for
Road Closures and according to the Municipal Act, Section 301, Chapter 302,
R.S.O. 1980.
PART D - CONFIRMATION OF OWNERSHIP
(i) We, the undersigned, being the former owners of property abutting the
municipal lands described above, acknowledge and agree that ownership
of the lands described in Part B is vested solely in the Municipality of
Clarington.
(ii) We, the undersigned, do hereby confirm that we had, until June 27, 1995
when we sold the same to William Gary Eeuwes and Catherine Mary
Eeuwes, undisputed ownership of the lands abutting the road Allowance
described in Part B.
1045
2
PART E - APPLICANT'S AGREEMENT TO PAY COSTS
We, the undersigned, agree to pay all costs associated with the closure and
conveyance prior to the passing of the by-law and in accordance with the Town's
Policy for Road Closure and Conveyance.
PART F - LIST OF PROPERTY OWNERS ABUTTING ROAD ALLOWANCE
DESCRIBED IN PART B
NONE
SIGNATURE OF APPLICANT:
Larry Br~wr~/~nd nnie Brown, by their
solicitor, en r S. Thomson
DATE: February 1, 1996
TELEPHONE: (905) 668-7704
TH3 CoRPO':J'L`'iI OF ^_t1. T0:7i::iclP OF D_..,LIi:,'p0;i.
:. ~y-laW t0 Stnn U.» a.nd CI^52 Hart Of q :'n rr er'. ^:O ^.i:
in Lot 1K in t,:e Stn Concession "n''. -• %+: of tl:e ori~i_nal
,.~, t.•.
mad .~.71ot:+?nce ;=t~•roen lots 14 wnc, 1K~ i. r. ~ K_.-
Cnncession of the 'rn~anshi» of D^rlin~tnn :....grovidin~ fer
tine sa.l •, the rent to t.:,e abuttir<;,+ mm~r.
i^P_I~'ti::S part, of the Foroed. noes. in Lor. 1' ;.r ":? nth
Concessi.~n ztnc :art, of th+~ ori~;.n^.1 rued al).otaan^~ het;.s+,:: ht l
and l~ i.n the 5tia Concession in fire ';'o~~rnshi.» o" ~,.rlin~t:n;`=~ln~'
mnra particul=.rly described. in Scnedul~ Her n '`' n '~
outlined in red in Sriredv_le 'B" hereto c..nsti.tu±- a .-1?1~ ~-Ci:--ta_-.;%~ but
ar.e no long+er reQu~.red for _xiblic no.r ^nses es ~.. ms,tlt of +,'':°
estsblis%tment and use of r. diversion of Coant., Rnac? naeber j?.
JLi~iD ...J e:C:S fire ~ounci.l of t;,e Cnr~~~ora ti an nP ±::e
Township of Darlin~ron deems it advisable to ;ass '3y-1^'a to
close the sr.in. Hart of the Forced Ro<?d arci ^r;.Cinr.'_ read .....-..r_:na°_
and provide _°o.^ t s:l^ ther•~a: to the i~!t-zn~ o n.r.
-.,,L; -.:,f:,}~LL;.45 IQntice of such by 1.^.• s ;;"1 t - ~--"+;
Cn ?. we..kl ne~rrsp.nner ubli.shad in tlae
in +:.:e ned.i,n 5to.tesman~ Y p
Totem of 13owmanvil.l.e van ci rcnla.ted in the Tntmshi.; rn: D^.rli nit^n in
iia iss.c~s dated tii•, 8t%r; ljta~.. 22nd ar:d. ?ytir ,:.,: of -~ril~ 1;:54.
a11D ',T:i3R3?:S no ; arson or cornor::.tinn ~„i?.?. .., _e: r;.ved.
of i:he means of ingress and. Sress to and from ~fis l°nd. or ,'e,ce
of residence by the r. ,sing: of ti;is by-law.
SJO,' '3~R:;:~O}?3 the Co~.:nci1 of the Cor_~o?~^t;..-- - `.~„
Township of Darlin_ton »nrso.ant to fir? ihmicipe.7. _,ct. fi.3.r. '-.";p
Chatter 24j; Sot+:ion 45y (11 (r.) and (d) _°.,: Scc±i nn 4^? t11
H3I~AY 3N9CTS :1S FOLLO'rJS:
the Forced Road in Lot 1$ is the 'tl'~
1. That the said part of -
Conr_ession and Irart of the origi.n~l road aL:.nw^;;ce hem^°'_:~
Lots 14 and 1K in fire Sth Concessian in the To~,rnG%ai_o of
Darlington more particularly describe: in iched,zle "i" hereto
snd shown outlined in red on Srltedlle "~" - -
hereby closed- ^.nd. stoned. up.
2 That. ::<a said. pert of Forced .'.load ant. ^ri: inz'_ roo.~ ~ll.c'^aa~^.e
hereb}+ stooped ,tn n ~. ^7 nq ... Sh.911 to nff T fn,~ 1 r~ to
' i , rr 1 •te a,buttir ~•.rn t'" °ra0a '•.t
Jaicobats Jni~ ~:es V y i.•~r.r: lent .
a Write of :§1.00.
?, That u*+on payment, of t;ae sr.id w1.00 »urcha.se price ~~:' '-~'~:e s•v.i.d
o`;mar;~ tiie Reeve and Clerk sre hereby a,ztiaorized. to s.'-r.
COI7Veyn pC9 O` tfl9 eai$ StOn,^-ed '.~l Orrnrl_ tO 0 .fr 1. t7;.1
roar.',. ;'.llov:'.nc ~ in favour or tine owner _.nr 1^. r_s= t i ^~~r_nrrt.te
sea]. th^reon.
gy-L i:4 GIV3. ITS gTRST. ~ 70<v - ":Ilia , ' :I =S
n ~ i
u~.D F'J.i:_~_i.l,Y ~'..:iSsD ..._IS / iltY 0? r'_a; _. J, l.y~^~+.
Reeve
rATTACHMENT N0. 3-
WDr11~96
Clerk
1047
SIMS BRADY DAVID J.D. SIMS,e comm.uu oc•
GONNA C. BAfi6S, e.A. u.e.
T
-[OMSON & BABBS JENNIFER S. 7HOMSON, ev q. ue
JOH
F
B
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RADV, ee ualgErigEO~
BARIiISTBRS. SOLICITORS A TR:\DE NARK AGENTS - 'cegnF~eo er r«e uw sxieTv
•S A $PECNLIST W CwIL UTIG-ATIpH
117 KING STREET, P.O. BOX 756. WHITBY, ONTARIO L1N 6S4 TELEPHONE (905) 668-7704 FACSIMILE (905) 668-1266
August 2, 1995
John William Sharp
Mary Ellen Sharp
5386 Durham Road 57
HAMPTON, ONTARIO
LOB 1JO
Dear Mr. & Mrs. Sharp:
Re: Part of Lot 15, Concession 5, Darlington
Our File No.: 60585
We are the solicitors for Larry and Bonnie Brown, who were your neighbours to
the south at 5340 Durham Road 57 until their sale to Eeuwes on June 20, 1995.
The purchasers' solicitor's search of title revealed an "elbow" of land from an old
forced road owned by the municipality which was not included in a by-law which
stopped up the rest of the forced road and conveyed it to the adjoining owner.
When parcels of land were re-described and solo off, it was assumed that all of
the forced road had been included in the by-law and therefore, your property and
the former Brown property south of you are incorrectly described.
For your reference, we are enclosing a copy of a draft reference plan of survey
and a copy of letter from the surveyor which is self-explanatory.
Please feel free to contact your solicitor with respect to this matter and let us
know as soon as possible if you would be interested in having the portion of the
forced road intruding upon your property taken care of along with the rest. We
are awaiting your advice before instructing the surveyor and the municipality any
further.
We realize this letter may sound confusing to you and would be happy to provide
a more detailed explanation by telephone.
Yours truly,
ATTACHMENT N0. 4
WD-11.-96
Karen Ellicott,
Legal Assistant
Encls.
1048
THH CORPORATION OF THH MONICIPALITY OF CLARZNGTON
BY-LAW NO. 96-
being a by-law to exempt a conveyance of a
portion of the Forced Road in Lot 15,
Concession 5, former Township of Darlington,
to the owner of the abutting lands from the
provisions of By-law No. 95-22.
WBERHAS Council has adopted the recommendations contained in Report
WD-11-96 recommending that this by-law be passed;
NOW THHRHFORE BH IT HNACTSD BY THH COIINCIL OF THH CORPORATION OF
TBH MONICZPALITY OF CLARINGTON AS FOLLOWS:
1. THAT the consideration and authorization by Council to proceed
with conveyance from the Municipality to William Gary Eeuwes
and Catherine Mary Heuwea, the owner of the abutting lands
shown as Part 1 on Plan 40R-16744 be exempted from the
provisions of By-law No. 95-22.
HY-LAW read a first and second time this 26th day of February,
1996.
BY-LAW read a third time and finally passed this 26th day of
February, 1996.
MAYOR
CLERK
ATTACHMENT N0. 5
WD-11-96
~fl49
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-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 Section 55 of the Planning and Municipal Stature Law Antendntenr Acr, 1994 was
proclaimed to be in force on ]anuary 1, 1995. It repealed and replaced Section 193 of the
Muniripnl Acr, R.S.O. 1990, c.MAS with a new Section 143;
AND WF[EREAS the new subsections 193(2) and (3) of the Municipal Act require 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 [he sale
of real property under nthsectinn 193(2) of the Manicipn! Aa, as anunded,
NOW TIiCREFORE DE IT ENACTED DY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
In this by-law, the teen:
• "Act" means the Municipal Act, R.S.O. 1990 c.M.45, as amended front
time to tintc and includes regulations made under it;
• 'Council" means the council of the 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 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 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 properly; 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 sell, or exchange and transfer the real property in
accordance with the'Act and this by-law, unless an appraisal is not
required under. the Acl.
ATTACHMENT N0. 6
WD-11-96
~~~~
-2-
3. Despite Section 2 but subject to the requirements of the Ac[, where real property 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 to 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 property
and setting out the reasons why it should be declared to be surplus
property;
(c) advise in every report recommending [hat real property be declared by
Council [o 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 sell, or transfer the real property in accordance with the Act
and [his by-law, unlus an appraisal is no[ required under [he Act; and
{d) advise in every report recommending that real property be declared to be
surplus property, appropriate terms and conditions for the sale or transfer
of the real property 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 this By-law, dre
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 it is
declared by Council to he 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 properly should
be transferred to a properly 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 Muticipality 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 tmnsfer to the Municipality of real property oC
an equivalent or higher value after at least one appraisal of the fair market value of the
real property to be exchanged and transferred for the surplus property has been obtained
by the Municipality, the Director of Planning and Development may recommend [he sate
by way of exchange and transfer to Council setting out his recommendation as to the
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 the aforesaid Report WD-3-90:
(a) before selling or otherwise disposing df real property, Council by by-law
or resolution shall declare the real property in question [o be surplus
property in public session; and
(b) Council shall also determine whether the surplus property referred to in
clause (a) shall be sold by the acceptance of an offer [o purchase
submitted by members of the public in response to an invitation ro [he
public to tender offers to purchase, sold at its appraised fair market value
ro an adjacent property owner, or exchanged end transferred for property
of equivalent or~ greater value as recommended by the Director of
Planning and Development pursuant to Section 4 of this By-law.
1051
-3-
6. Before selling any surplus property whether for cash or the exchange and transfer of
other real property for it, unlus otherwise provided by the Act, Council shall obtain at
least one assessmen[ of the fair market value of the surplus property.
7. (1) In addition [o 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 rcttl
property for the surplus property shall by causing a notice to be published at lrtst
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 [he 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 March 1995.
By-law read a third time and finally passed this 6rh day of March 1995.
i i
MAYQZ
';.
.,
CIERIi
1052