HomeMy WebLinkAboutADMIN-23-97REPORT #3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: COUNCIL MEETING File # ~ n ~ E L
Date: MAY 26, 1997 Res. # ~=-~/I ~f- 9"/
By-Law #
Report #: enMiN_23_~jjle #:
Subject: EIRAM DEVELOPMENTS -BLOCK 134, PLAN lOM-840
Recommendations:
It is respectfully recommended that Council approve the following:
1. THAT Report No. ADMIN-23-97 be received; and
2. THAT the Municipality return the escrowed land back to Eiram Development Corporation.
1.0 BACKGROUND:
1.1 Staff has been reviewing all Municipal properties holding in preparation of a report to
Council dealing with a complete inventory of Municipal Holdings as well as identification of
surplus properties. In the review, staff became aware of a proposed site that would become
the Municipality's upon registration of the last phase of development. This parcel of land
has been identified by the Municipality for the purpose of a Fire Station (Attachment # 1).
1.2 As stated in the Subdivision Agreement, if Block 134 is not required for the purpose of a
Fire Station then the parcel would be returned to the Owner.
1.3 Staff have been approached by representatives of Eiram Developments with regard to the
Municipalities intended use of this parcel.
1.4 The Fire Chief has advised that there is no need for this site in the foreseeable future and
this would not be an ideal site choice for a second Bowmanville Station (Attachment #2).
1.5 Staff has spoken with the Solicitor who provides his comments as to the provisions stated in
the Subdivision Agreement as it relates to this parcel (Attachment #3).
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P.PEF°®at<.«.
REPORT ADMII+i-23-9T • 2 - MAY 26,1997
2.0 RECOMMENDATIONS:
2.1 As this parcel of land is not required by the Municipality for the purpose of a future Fire
Station, it is recommended that the ownership of this Block 134 be returned Yo F.itam
Development Corporation who may develop it in accordance with the provisions of the
Zoning By-law.
3.0 MUNICIPAL HOLDINGS INVENTORY:
3.1 Staff will be preparing an inventory of all properties, buildings and leases for Counal's
review and information at the General Purpose and Administration meeting of dune 2,1997.
Respectfully submitted,
Property Manager
FHsa
Reviewed by,
~`S
W. H. Stockwell,
Chief Administrative Officer
Attachment Itl to REPORT
ADMIN. 23 - 97
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COURT
FUTURE F/RE STATION
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MUNICIPALItt OF SITE OF
~larington FUTURE FIRE STATION
ONTARIO
97-016
Attachment ~k2 to Report
ADMIN. 23 - 97
THE CORPORATION OF THE MUNICIP__
Memorandum
To:
From:
Date:
Subject:
Fred Horvath, Property Manager
Michael G. Creighton, Fire Chief
May 20, 1997
Property Matter
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MAY 21 1997
MUNICIPALITY D.F ClARINGTON
ECONOMIC DEVElDPMENT
Please be advised that this department has no plans for future use of the property
located at the corner of Liberty Street and Concession Road 3.
MC/sr Michael G. Creighton,
Fire Chief.
Attachment 1~3 to Report
ADMIN. 23 - 97
DENNIS C. HEFFERQN -- - - -
BARRISIER6 & 80LICn'ORB
May 21, 1897
eY FAX
Mr. Fred Horvath
Property Manager
Municipality of Clarington
40 Temperance Street
Bowmanvllle, Ontario
L1 C 3A6
Dear Mr. Horvath;
Re: Elram Development Corp. Subdivision Agreement
sake zsoo
+so Ada.+d. sw.t we.f
TORONTO, ONTARIO
M6H 21.t2
TOX Box 99
A Subdivision Agreement dated April 3, 1991 was made between the farmer
Town of Newcastle, Elram Development Corp. ("Elram'7, as Owner, and the
Canadian Imperial Bank of Commerce and 755568 Ontario Inc. in Trust, as
Mortgagee respecting the lands In North Bowmanvllle which are within draft Plan
of Subdivisian 18T•89041, The Agreement contemplated that these lands would
be developed in phases and that a final plan of subdivision comprising part of the
lands would be approved and registered agernst mle }or each phase of
development. At present a final plan of subdivision has not bean registered for
the last phase of development.
The Subdivision Agreement has been amended twice: first by the First
Amending Agreement between the same parties and dated September 25, i891,
and second by the Supplemental Agreement also between the same parties and
dated January 4, 1893. Only the Subdivision Agreement and the First Amending
Agreement era relevant to the matter discussed in this letter.
Paragraph 2,4 0} the Subdivision Agreement provides In part as follows:
"At the date of execution of this Agreement the Owner shall deliver
to the Town in escrow an executed transfer of Biock 530 on Plan
18T•88041 in fee simple for the purposes of a fire station, but subject
to such limitation otherwise free and clear of all encumbrances and
reatrlcttons {the "Escrowed Transfer'. The deilverv of thA ~. d
Tra r will become complete and will be eff iv th Is on
r
- Page 2 -
Paragraph 2 of the First Amending Agreement deleted the words "second
plan of aubdivislon" in the extract from paragraph 2.4 of the Subdivision Agreement
reproduced above, and replaced them with the words "last plan of subdivision".
At the time of the execution of the Subdivision Agreement by the
Municipality, Eiram delivered in escrow to the Municpality an executed transfer of
81ock 134 on registered Plan of Subdivision 10M•840 (formerly described as Block
530 on draft Plan 18T-89041) in fse simple as required by paragraph 2.4. A
Caution which evidencse the Municipality's interest in Block 134 was registered on
tkle. However, since as noted above, the last final plan of subdivision for the last
part of the lands within Plan 18T•89041 has not bean approved and registered
against title, the delivery of the transfer of Block 134 to the Municpalfty continues
to be aubJect to the escrow condition and is not complete and final at the present
time.
Under the terms of the escrow delNery of the transfer of Block 134, Council
continues to have the discretionary power to resolve that Block 134 is not required
by the Municipality for the purposes of a fire station. Whether or not Blook 134
Is required for the purposes of a fire station should be determined by Council
having regard to the recommendation of the Flre Chief. ff Council resolves that
Block 134 la not required for the purpose of a fire station before the reglatratlon
of the last final plan of subdivision of the lands within Plan 1ST-89041, the
escrowed transfer of Block 134 will be returned to Eiram. Eiram would then
resume unqualified ownership of Block i 34 and may develop k In accordance with
the provisions of the Zoning By-law.
Yours very truly,
~----~
C. Hefferon
DCH:bg
a FPe ChJef Michael Creighton
Mr. W.H. Stockwell
oi,an ue rewrntla io zne caner." {tmphaSis added)