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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). ../2 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 caR~T COURT FUTURE F/RE STATION CONCESSpN ROAD 3 o 3i, ~j g V ~ n~` _ CHAMPINE ~IIARE JE 30 3 ~ 3 F fi ( t F FENNICK FREEtANO AVENUE ~ J ~ P w ~ w 7 PRE£IANQ ~ ~ ~ SQUARE o MA%KELL CRT. HOOPER SCUME Pfr, Qp~. ~ ~g CUttON CRES. 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 ~~~g~~~ ~ 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)