HomeMy WebLinkAboutPSD-074-10Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 7, 2010 Resolution #: ~il~A-3'y0-/0 By-law #: ao/0-67a
Report #: PSD-074-10
File #: RE 13.13
Subject: BOWMANVILLE WATERFRONT LAND ACQUISITION
153 PORT DARLINGTON ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-074-10 be received;
2. THAT the property identified as 153 Port Darlington Road, Part Lot 11,BIock B, Plan
H50073, Part Lot 9, .Broken Front Concession; former Town of Bowmanville, be
approved for acquisition for the purchase price of $107,000.00, plus adjustments, and
that the Municipality pay $33,000.00 to indemnify the Vendors for costs incurred for
consulting fees, architectural drawings, permits and other expenditures subsequent to
the fire;
3. THAT the funds for the purchase, the indemnification,and any associated costs, be
charge to the Land Acquisition Account (110-50-130-85002-7401);
4. THAT the attached by-law be passed to authorize the Mayor and the Clerk, on behalf of
the Municipality, to execute. an agreement to acquire the property; and
5. THAT Staff and the Municipal Solicitor be directed to take all necessary actions to
complete the transaction.
Submitted by: ~ Reviewed by: v r~"~"S-
y Lan mai CSLA, MCIP Franklin Wu,
ng Directo of Planning Services Chief Administrative Officer
IUFUdf
2 June 2010
40
CORPORATION OF THE
OF CLARINGTON
9 F (905)623-0830
REPORT NO.: PSD-074-10
1.0 BACKGROUND
PAGE 2
1.1 The property located at 153 Port Darlington Road has been identified in the adopted
Waterfront Land Acquisition Strategy, dated June 28`h, 2004 as a future optional
acquisition. The vacant lot is surrounded by Municipal lands and has 51 feet of
frontage, a depth of 106 feet, and a total lot area of 0.12 acres (Attachment 1).
1.2 The home on this lot was severely damaged by fire in May of 2007. The property
owners contacted staff to discuss their options for redevelopment. As a result, an
appraisal report was completed which determined that the estimated fair market value
of the property, with the fire damaged building, was $107,000 as of June 4, 2007. At
that time the owners were looking for a much higher level of compensation and choose
to explore other alternatives:
1.3 The building was demolished late in 2007. A second appraisal report was completed in
2009 when the property owners approached the Municipality about purchasing the
property. The estimated fair market value as of February 19`h, 2009 was between
$80,000 to $100,000. The property owners proceeded with plans to build a new
dwelling unit.
1.4 In April of this year the property owners contacted .staff and indicated that they no longer
planned to rebuild on the property and were offering the Municipality the opportunity to
purchase the land. It was indicated that they had incurred expenses in order to obtain
their building permit and although they had obtained the appropriate approvals to
rebuild they no longer wished to continue. On May 7, 2010 the owners submitted a
written request to staff offering to sell the. property for the purchase price of $107,000.00
with an additional $33,000.00 as compensation for the costs incurred to date preparing
plans, etc to rebuild.
2.0 CONCLUSION
2.1 This lot is the last remaining parcel in the lands identified for Village Commercial
adjacent to the future relocation of East Beach Road and north of the East Beach
portion of Port Darlington Waterfront Park (Attachment 2). This property has qualified
for a building permit, therefore, it could be sold and a house could be constructed. The
Village Commercial could be developed around the property. However, the Municipality
owns the remainder of the lands and this lot could be incorporated into the overall
development. It would be advantageous for the Municipality to control all the Village
Commercial property and would also allow for the intersection of Port Darlington Road
and East Beach Road to be designed without the impingement of private property.
2.2 The Finance Department has confirmed that there is funding allocated in the 2010
Capital Budget for land acquisitions which would cover the negotiated price of
$140,000.00 and any additional related costs. Staff are recommending that the lot be
acquired to ensure that the Municipality has the ability to develop the Village
Commercial as envisioned in the Port Darlington Neighbourhood Secondary Plan and to
REPORT NO.: PSD-074-10
PAGE 3
ensure that when the road is realigned the intersection can be design to an optimum
layout.
2.3 This lot is the last remaining private property in the Village Commercial segment of the
Port Darlington Neighbourhood Secondary Plan. The Municipality will have the ability in
the future to call proposals for the development of the Village Commercial including
options of selling or leasing the land to private developers or operators.
2.4 The signed Offer to Sell is Attachment 3 to this report. The closing date has been
scheduled for July 9, 2010, providing Council approves the acquisition.
Staff Contact: Isabel Little
Attachments:
Attachment 1 -Key Map
Attachment 2 -Port Darlington Waterfront Park, East Beach portion
Attachment 3 -Offer to Sell
Attachment 4 - By-law
Attachment 1
To Report PSD-074-10
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' To Report PSD-074-10
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OFFER TO SELL
Attachment 3
To Report PSD-074-10
The undersigned, Dorothy Ada Conlin and Marion Elaiue Hamilton (the "Vendors"), hereby agrees
to and- with THE CORPORATION OF THE MUNICIPALITY OF CLARIIQGTON (the
"Purchaser"), to sell the properly known for municipal purposes in 2010 as 153 Port Dazlington
Road, Bowmanville, Ontario and being more particularly described as Part Lot 11, Block B Plan
H50073, Part Lot 9, Broken Front Concession, former Town of Bowmanville and Tom of
Newcastle, now Municipality ofClarington, Regional Municipality ofDurham (the "Property"), for
the purchase price of ONE HUNDRED FORTY THOUSAND ($140,000.00) DOLLARS (the
"Purchase Price"), subject to adjustments. The Purchase Price comprises ONE HUNDRED AND
SEVEN THOUSAND DOLLARS as the market value of the land plus Thirty-Three ($33,000.00)
Dollars to indemnify the Vendor for costs incurred in obtaining necessary permits and proposals [o
replace the dwelling on the land which was destroyed by fire.
ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions:
1. This transaction is to be completed no later than 5:00 p.m. on July 9'h, 2010 (the "Closing
Date"), which date may be extended or amended by written agreement of the solicitors for the
parties, and on which date vacant possession of [he Property is to be given to the Purchaser.
2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an
executed copy of same by each party to the other shall constitute complete offer and acceptance
thereof.
3. The Vendor represents and warrants to the Purchaser that during the time the Vendor has
owned the Property, the Vendor has not caused any building on [he Property to be insulated with
insulation containing ureaformaldehyde, and that to the best ofthe Vendor's knowledge no building
on the Property contains or has ever contained insulation that contains ureaformaldehyde. This
warranty shall survive and not merge on the completion of this transaction.
4. Except as provided in paragraph 6 hereof, the Vendor shall discharge all encumbrances
and restrictions registered against title [o the Property at her expense on or before the completion
of this transaction.
5. -The Purchaser is to be allowed until July 2°°, 2010 (the "Requisition Date's to examine the
title to the Property at his own expense and to satisfy itself that there aze no outstanding orders or
deficiency notices affecting the Property and that its present use may be lawfully continued. The
Vendor hereby consents [o governmental agencies releasing to Purchaser details of al] outstanding
orders affecting the Property. The Vendor agrees to execute and deliver such further authorizations
in this regard as Purchaser may reasonably require in this regard.
6. PROVIDED the title is good and free from all registered restrictions, charges, liens and
encumbrances save and except for.
(a) any registered restrictions or covenants that run with the land, provided that such are
complied with;
(b) any municipal agreements and registered agreements with publicly regulated utilities,
providing such have been complied with or security has been posted to ensure
compliance and completion as evidenced by letter from the relevant municipality or
utility supplier; and
(c) any minor easement for the supply of domestic utility or telephone services to the
Property or adjacent properties.
If on or before the Requisition Date any valid objection to title or to any outstanding work order or
deficiency notice and which the Vendor isunable or unwilling to remove, remedy or satisfy and
which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or
negotiations in respect of such objections, shall be at an end and all monies paid shall be remmed
with interest bttt without deduction by [he V endor [o the Purchaser. Save as to any valid objection so
made by such day and except for any objection going to the root of the title, [he Purchaser shall be
conclusively deemed to have accepted Vendor's title to the Property.
7. The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it
shall be necessary for the Purchaser to pay to the Minister ofNational Revenue in order to satisfy the
Purchaser's liability in respect of tax payable by [he Vendor under the non-residency provisions of
the Income Taz Acr by reason ofthis sale. The Purchaser shall not claim such credit if [he Vendor
delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then anon-resident of Canada.
8. The Vendor shall deliver on the completion of this transaction additional evidence of
compliance of the transaction with the Family Law Act, R.S.O. 1990, c.F3, as amended, as the
Purchaser, acting reasonably, may require.
9. Except as herein expressly provided, this Agreement shall extend to and be binding upon and
enure to the benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto.
10. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before June 28'", 2010
otherwise it shall become null and void. This offer, when accepted, shall constitute a binding
contract of purchase and sale and time in al] respect shall be the essence ofthis Agreement It is
agreed that Ihere is no representation, wananry, collateral agreement or condition affecting this
Agreement or the Property other than as expressed herein in writing.
11. If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be paid
in addition to the Purchase Price. The Purchaser hereby confirms that the Purchaser is a registrant
under the Excise Tax Act (Canada), (Registration No. 106979800RT000] ). The Purchaser wvenants
to remit as required by the Act any G.S.T. payable in respect of the sale of the Property to the
Purchaser and to indemnify the Vendor in respect of any G.S.T. so payable. The Ptrchaser is not
required to remit to the Vendor G.S.T. on the Closing Date. This covenant shall survive and not
merge on the completion of this transaction.
12. [f requested by Purchaser, Vendor will deliver any sketch or survey of the Property within
Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. Ifa discharge of
any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies
Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable
form on completion, Purchaser agrees to accept Vendor's lawyers personal undertaking ro obtain, out
ofthe closing funds, a discharge in registrable form and to register same ontitle within a reasonable
period of time afrer completion, provided that on or before completion Vendor shall provide to
Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain
the discharge, together with a direction executed by Vendor directing payment to the mortgagee of
the amount required to obtain the discharge out ofthe balance due on completion of this transaction.
13. The Property shall remain at the risk of the Vendor until the completion ofthis transaction.
14. The V endor covenants that the Property will be in a clean condition immediately prior to the
completion of [his transaction. This covenant shall survive and notmerge on the completion of this
transaction.
15. This Agreement shall be effective to create an interest in the Property only if Vendor
complies with the subdivision control provisions of the Planning Act by completion of this
transaction, and Vendor covenants to proceed diligently at her expense to obtain any necessary
consent by prior to the completion ofthis transaction.
16, A Transfer/Deed for the Property shal I, save for the Land Transfer Tax AfTidavit, be prepazed
in registrable form at the expense of the Purchaser. Ifrequested by the Purchaser, Vendor covenants
that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by
Section 50(22) of the Planning Act, R.S.O. 1990, e.P.13, as amended.
17. The Vendor and Purchaser acknowledge and agree that if the Teraview Electronic
Registm[ion System (the "ERS") is operative in the Land Titles Office in which title to the Property
is recorded, then the following provisions shall apply:
(a) the parties shall instruct their respective solicitors to enter into an escrow closing
agreement in the Purchaser's Solicitors' standazd fonn, (hereinafter referted to as the
"Escrow Document Registration Agreement') establishing the procedures for
completion of this transaction by means of the ERS;
(b) the delivery and exchange of documents, monies and possession ofthe Property and
the release thereof to the Vendor and the Purchaser, as the case may be, shall not
occur contemporaneously with the registration ofthe transfer/deed of land and other
registrable documentation, and shall be governed by the Escrow Document
Registration Agreement pursuant to which the Vendor's Solicitors and the Purchaser's
Solicitors will hold in escrow all documents, monies received by them and will not
release same to their respective clients except in strict accordance with [he Escrow
Document Registration Agreement; and
(c) each of the parties hereto agrees that any documents not intended for registration on
title to the Property may be delivered [o the other party hereto in properly executed
form by facsimile transmission or other similar system reproducing [he original,
provided the party transmitting any such document shall also deliver [he original
thereofto the recipient party by overnight courier sent on the Closing Date or by such
other means and/or within such other time as may be agreed [o by [he parties'
respective solicitors.
] 8. On the closing of the transaction, the Vendor shall provide to the Purchaser, [he Purchaser's
form of the following documents:
a. Undertaking to Re-adjust
b. Section 1 ] 6 of the Income Tax AcUFamily Law Act Affidavit
c. Declaration of Possession
d. Construction Lien Act affidavit
19. Any rents, mortgage interest, realty [axes including local improvement rates and unmetered
public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and
allowed to the day of completion, the day of completion itself to be apportioned to the Purchaser.
20. Time shall in all respects be of the essence hereof provided that [he time for doing or
completing of any matter provided for herein may be extended or abridged by an agreement in
writing signed by Vendor and Purchaser or by their respective lawyers who aze hereby specifically
authorizedto do so.
2 L Ifnecessary for registration purposes, the Municipality shall prepare, at its expense, aplan of
survey for the Property.
22. Any tender ofdocuments or money may be made on the parties ortheir respective solicitors.
23. This Agreement shall be read with all changes of gender or number required by the context.
24. Any Notice required [o be served by the Vendot upon the Purchaser pursuant to the
provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the.
Purchaser if served personally, mailed by pre-paid registered mail or sent by facsimile transmission
addressed to:
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontazio LIC3A6
Attention: Faye Langmaid, Acting Director of Planning Services
Facsimile No. (905) 623-0830
and any notice required to be served by the Puvchaser upon the Vendorpursuant to the provisions of
this Agreement shall be deemed to be good, valid and sufficient service upon the Vendor if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Marion Hamilton
Dorothy Conlin
or such other telefax number or address of which either party has notified the other party in writing.
Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under
the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day
(excluding Saturdays, Sundays and statutory holidays) shall be deemed [o have been received at the
time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have
been received on the third business day (excluding Saturdays, Sundays and statutory holidays)
follouvng the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due [o Force Majeure any notice will not be received within the time limit set out
above, then such notice shall be sent by an alternate means oftransportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
25. For the purposes of [his Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by reason of strikes, lockouts, riots, wazs or acts of military
authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or
faltouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquakes or other
casualty, or an Act of God and any act, omission or event whether ofthe kind herein enumerated or
otherwise not within the control of the parties none of which has been caused by the deliberate
default or act or omission by the parties and none of which has been avoidable by the exercise of
reasonable effort or foresight by the parties.
r
DATED at t' u >~ntario this L day of~;~~t~.~ , 2010.
MARIOl+~ ELAINE HAMILTON _
l
-i / '
i >/ rr ~ i
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~~-~ lvfarlon Elaine ~ ilton \ fitness
~~
DOROTIIY ADA CONLIN
r~F~f~f/='/ ire='~C~/~ //)/~~/ /~>.f ,,.-~ i
Dorothy Ada Co'nhn / Witness
DATED at Bowmanville, Ontario this r~ ~ day of IZ :-c--f~~ , 2010.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Tiro Abernethy,
Patti L. Barrie, Municipal Clerk
We have the authority to bind the Corporation.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 4
To ReportPSD-074-10
being a By-law to authorize the purchase agreement between the Corporation of
the Municipality of Clarington and MARION ELAINE HAMILTON and
DOROTHY ADA CONLIN to sell the property known for municipal purposes in
2010 as 153 Port Darlington Road, Bowmanville, Ontario and being more
particularly described as Part of Lot 11, Block B, Plan H50073~-Broken Front
Concession, former Town of Bowmanville, .~hd Town of Newcastle, now
Municipality of Clarington, Regional Municipality of Durham
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, a sale and purchase agreement
respecting 153 Port Darlington Road between Marion Elaine Hamilton and Dorothy
Ada Conlin and the Corporation.
BY-LAW read a first time this day of
BY-LAW lead a second time this day of
BY-LAW read a third time and finally passed this
June 2010
June 2010
day of June 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk