HomeMy WebLinkAboutPSD-043-11~Iari~~~W~ /n
Leading the Way l/ R E P O RT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE
Date: May 9, 2011 Resolution #: GPI-351-// By-law #:
Report #: PSD-043-11 File #: RE 6.8.4
Subject: SOPER CREEK VALLEY LAND ACQUISITION
1220 HAINES ROAD, PARTS 1 - 5, PLAN 40R-21674
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-043-11 be received;
2. THAT the property identified as 1220 Haines Road, Bowmanville, Ontario and being
more particularly described as Parts 1, 2, 3, 4 and 5 on Plan 40R-21674, Part Lots 8
and 9, Concession 1, former Town of Bowmanville and later the Town of Newcastle,
now the Municipality of Clarington, Regional Municipality of Durham, be purchased for
the price of Fifty Five Thousand ($55,000.00) dollars, subject to adjustments;
3. THAT the funds for the purchase, and any associated costs, be funded from the Land
Acquisition Account (110-50-130-850002-7401);
4. THAT the Mayor and the Clerk, on behalf of the Municipality, be authorized to execute
an Agreement to acquire the property;
5. THAT Staff and the Municipal Solicitor be directed to take all necessary actions to
complete the transaction; and
6. THAT all interested parties listed in Report PSD-043-11 be notified of Council's
decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-043-11
PAGE 2
Submitted by:
Davi . Crome, MCIP, RPP
Director of Planning Services
FL/df
27 April 2011
Reviewed by:
o
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSD-043-11
PAGE 3
1.0 BACKGROUND
1.1 In 2000, the Municipality completed a Land Acquisition Strategy Report that provided a
phased approach to the acquisition of land for a variety of public uses. The Strategy
was intended to serve as a guide for land acquisition in accordance with the policies of
the Official Plan. In February 2007, an update to the Land Acquisition Study and
Financial Analysis was completed and adopted by Council. The valleyland portion of
the property at 1220 Haines Road (Attachment 1) was identified in both studies as a
long term acquisition. The Municipality owns the Soper Creek valleylands to the west
and the Bowmanville Cemetery to the east. The acquisition of these environmental
protection lands adjacent to Soper Creek would be for erosion control and floodplain
purposes. Some residual land may become part of the cemetery; however, the majority
of the land will be for environmental protection.
1.2 At the meeting held on November 24, 2008, Council considered correspondence from
Mr. Neil Clark of Greeley Containment and Rework Inc. regarding his request to enter
into discussions with the Municipality for the possible exchange of lands involving 1220
Haines Road owned by 1472583 Ontario Limited and other properties that the
MuniCipality owns along Haines Road (Attachment 2).
1.3 There have been ongoing discussions between Staff and a representative of 1472583
Ontario Limited regarding the properties suggested in the exchange. The discussions
included the value of the property being offered to the Municipality. The lands Mr. Clark
was seeking are future expansion area for the cemetery and not proposed for disposal.
1.4 In mid-February of 2009, the Municipality was asked if they would like to purchase the
land outright and what their offer would be. The Municipality had had an appraisal
prepared in 2002 when attempting to purchase the property from the previous owner.
At that time the land was valued at $33,000. 1472583 Ontario Limited purchased the
land for $48,000 in 2003. The majority of the land is Environmental Protection and
within the floodplain of the Soper Creek. There is some tableland to the west of the
cemetery and a 3 metre wide lane from Haines Street to this property. Other than the
lane there is no road access to this property, the lane does not constitute a legal road
access. Municipal Staff offered to take a recommendation of $55,000 for the entire
parcel to Council for approval.
1.5 1472583 Ontario Limited appealed the assessed value of the land to MPAC for
reassessment as managed forest. In late 2010 representatives of 1472583 Ontario
Limited again contacted the Municipality with an offer to sell the property to the
Municipality for $90,000. Staff indicated the lands being purchased must be close to
the estimated fair market value, and since the lands are Environmental Protection the
significant increase in the purchase price cannot be justified. However, there is an
approximate 1.6 acre (0.56 ha) portion of the lands that are developable and the
Municipality could sever these lands and leave them in the ownership of one of Mr.
Clark's companies if the parcel were melded to the property to the immediate south.
1.6 Since November 2010 we have been in ongoing discussions with representatives of
1472583 Ontario Limited. CLOCA has indicated what lands would be developable and
mapped these lands (Attachment 3). The final alignment of the property to remain in
1472583 Ontario Limited ownership will have to be surveyed once both parties have
signed the Offer to Sell.
REPORT NO.: PSD-043-11
PAGE 4
1.7 The closing date of the transaction is June 2, 2011 before which the Municipality will
have to assure itself that the environmental condition of the Property will not require
remediation measures to be undertaken to make it or any portion of it suitable as a
cemetery or for use by members of the public as open space accessible to the public.
2.0 CONCLUSION
2.1 The valleyland portion of this property is an environmentally sensitive area which has
been identified in the Council adopted Land Acquisition Strategy Report for acquisition.
The Municipality owns the Soper Creek valleylands to the west and the tablelands to the
east, which include the Bowmanville cemetery. The Municipality may utilize any
tableland portion of the property that abuts the cemetery as expansion of the cemetery
although this is very limited. The lands incorporate a 3 metre wide lane that effectively
prevents the orderly expansion of the Bowmanville Cemetery, dividing the existing and
future expansion areas. The acquisition of this site would contribute to the Land
Acquisition Strategy's goal of public ownership of the Soper Creek valley and facilitates
future trail connections from the existing Soper Creek trail to the Clarington Technology
Park.
2.2 The area of the parcel to be acquired is approximately 16.4 acres. At an acquisition
price of $55,000, the purchase price per acre is $3,350. The Municipality has had
several appraisals completed on environmentally protected lands over the past several
years. The average per acre price is in the range of $3,000 to $3,500.
2.3 Attachment 4 is the Offer to Sell which has been signed by the property owner. Should
Council approve this acquisition, a survey will be prepared for registration purposes that
will determine the exact boundary of the lands to be retained by the owner. Staff are
recommending that the property acquisition be approved.
Staff Contact: Faye Langmaid
Attachments:
Attachment 1 - Key Map
Attachment 2 - Mr. Clarke's Proposal
Attachment 3 - Developable lands as identified by CLOCA
Attachment 4 - Signed Offer to Sell
Interested parties to be notified of Council's decision:
Neil Clarke (1472583 Ontario Ltd.)
Attachment 1
To Report PSD-043-11
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PROPOSAL
To
MUNICIPLAITY OF CLARINGTON
From
Neil Clark (1472583 Ontario Ltd)
Objective
To exchange a parcel of land
Rationale
Attachment
To Report PSD-043-11
We wish to propose the exchange of land between 1472583 Ontario Ltd & the Municipality of
We can not build or develop our land due to zoning. This is a beautiful piece of land that
Municipality of Clarington for use as a conservation area or to expand the cemetery,
In addition, with the exchange of land to a M2 zoned area we will be able to provide the
a new business venture, helping the community with the generation of revenue and
Land to Exchange
· 18 Acres at Mearns Avenue, Bowmanville
· Pin Number 266320183
· Current vacant land is zoned EP, M2
· Valued in 2005 at $220,000
· Heavily treed
· Adjacent cemetery
· Not suitable for business opportunities or development
land desired
· Zoned M2
Ii Located in a business area
· Within 1-2km of residential
· Lot frontage for signage and appeal
J
Greeley Steel property
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Attachment 3
To Report PSD-043-11
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AssessmenlParcel
Road Network
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- Major Road
Minor Road
_Floodline
Basedata
c:::::J ClOCA Jurisdictional Boundary
c:::I ClOCA Watershed
CLOCA Conservation Area
Contour1mlnlerval
-OrainageZOOB
-Or.alnage2005
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o 12.5 25
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(c) Copyright Central Lake OnlarioConservallonAulhanly. 2009
This map IS for information purposes only and the Central Lake Ontario Conservaloon AulhorJly
takes no fesponslbllllyfor, nor guarantees, lhe accuracy or all the
InfOfmatloncontalnedw~hinlhemap
Source CLOCA, 2008; MNFl, 2008, MMAH, 2007, Regional Municipality or Durham 200a
Palce!Fabf1cParceIFabrlCcopynghITeranetlncandrtssuppllers '
A1!ltghts reserved May not be reproducedWllhout permIssion
OrthophotographyFlrslBaseSolutlons,200a
- -
Attachment 4
To Report PSD-043-11
OFFER TO SELL
The undersigned, 1472583 Ontario Limited (the "Vendor"), hereby agrees to and with THE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Purchaser"), to sell the
property known Part of Lot 8 and 9, Concession 1, and Part of the Original Road Allowance between
Lots 8 and 9, being Parts 1,2,3,4 and 5 on Plan 40R-21674, Municipality ofClarington, Regional
Municipality of Durham (the "Property"), save and except the area shown on Schedule A attached,
for the purchase price of FIFTY FIVE THOUSAND ($55,000,00) DOLLARS (the "Purchase
Price"), subject to adjustments.
ADDlTIONALL Y, the Purchaser agrees with the Vendor to the following tenns and conditions:
1. This transaction is to be completed no later than 5:00 p,m. on
-:J\Ai'€.- 2. NJ I "2c II ,2011, (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 the 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 the Property to be insulated with
insulation containing ureafonnaldehyde, and that to the best of the Vendor's knowledge no building
on the Property contains or has ever contained insulation that contains ureafonnaldehyde, 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 to the Property at its expense on or before the completion
of this transaction.
5, The Purchaser is to be allowed until M4j 2-h, 20 f I ,2011 (the
"Requisition Date") to examine the title to the Property at his own expense and to satisfY itself that
there are no outstanding orders or deficiency notices affecting the Property and that its present use
may be lawfully continued, The Vendor hereby consents to governmental agencies releasing to
Purchaser details of all 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 nul 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 is unable or unwilling to remove, remedy or satisfY and
which Purchaser will not waive, this Agreement notwithstanding any intennediate acts or
negotiations in respect of such objections, shall be at an end and all monies paid shall be returned
with interest but without deduction by the Vendor to 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, the Purchaser shall be
conclusively deemed to have accepted Vendor's title to the Property,
7. (a) This Agreement is conditional on the Purchaser, in the Purchaser's discretion, being
satisfied on or before the Requisition Date that the environmental condition of the
Property will not require remediation measures to be undertaken to make it or any
. portion of it suitable as a cemetery or for use by members of the public as open space
2
accessible to members of the public, This condition is for the sole benefit of the
Purchaser and may be waived by the Purchaser giving the Vendor written notice that
it has been waived,
(b) Forthwith after the execution of this Agreement, the Vendor shall deliver to the
Purchaser without cost to the Purchaser, all reports, studies or written
communications that the Vendor has received from any person or has caused to be
prepared dealing with the environmental condition of either the Property, The Vendor
will permit the Purchaser, its employees,. con~ctors and agents to enter on the
Property to conduct such inspections or tests to determine the environmental
condition of the Property during regular business hours, provided that twenty-four
(24) hours written notice is given to the Vendor before such entry takes place.
8. 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 of National Revenue in order to satisfy the
Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of
the Income Tax Act by reason of this sale. The Purchaser shall not claim. such credit if the Vendor
delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then a non-resident of Canada. '
9, 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.
10. 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. '~1
" {Y\c~ 1'0 v
11. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before J':A..vl ~ 2011,
otherwise it shall become null and void. This offer, when accepted, shall constitute a binding
contract of purchase and sale and time in all respect shall be the essence of this Agreement. It is
agreed that there is no representation, warranty, collateral agreement or condition affecting this
Agreement or the Property other than as expressed herein in writing.
12. If this transaction is subject to Goods and Services Tax (G.S.T.) or Harmonized Sales Tax
(H.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.
1 06979800RTOOO 1). The Purchaser covenants to remit as required by the Act any G.S.T, or H.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, or H.S.T. so payable. The Purchaser 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.
13, If 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. If a discharge of
any ChargefMortgage 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 to obtain, out
of the closing funds, a discharge in registrable form and to register same on title within a reasonable
period of time after 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 obtaiD. the discharge out of the balance due on completion of this transaction.
14, The Property shall remain at the risk of the Vendor until the completion of this transaction.
15. The Vendor covenants that the Property will be in a clean condition immediately prior to the
completion of this transaction. This covenant shall survive and not merge on the completion of this
transaction.
3
16. 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 of this transaction. .
17. A Transfer/Deed for the Property shall, save for the Land Transfer Tax Affidavit, be prepared
in registrable form at the expense of the Vendor. The Purchaser shall contribute an amount not to
exceed $750.00 towards the Vendor's legal costs. 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, c,P.l3, as amended,
18. The Vendor agrees to transfer the lands outlined on Schedule "A" attached (,56 hectares) to
the adjacent property owner of 222 Baseline Rd, E" Bowmanville, Ontario (pin Number 26632-
0364) aud to register as soon as possible after closing, a consolidation of parcels for the land
described in Schedule "A" and 222 Baseline Rd. E. Bowmanville, This covenant shall survive and
not merge on closing.
19, Where each of the Vendor and Purchaser retain a lawyer to complete this Agreement, and
where the transaction will be completed by electronic registration pursuant to Part II of the Land
Registration Reform Act, R.S.O, 1990, Chapter 14 and the Electronic Registration Act, S.O. 1991,
Chapter 44 and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the
exchange of closing funds, non-registrable documents and other items (the "Requisite Delivenes')
and the release thereof to the Vendor and Purchaser will (a) not occur at the same time as the
registration of the transfer/deed (and any other docUJ:J1ents intended to be registered in connection
with the completion of this transaction), and (b) be subject to conditions whereby the solicitor(s)
receiving any of the Requisite Deliveries will be required to hold same in trust and not release same
except in accordance with the terms of a documents registration agreement between the said
solicitors, the form of which is as recommended from time to time by the Law Society of Upper
Canada. Unless otherwise agreed to by the solicitors, such exchange of the Requisite Deliveries will
occur in the applicable Land Titles Office or such other location agreeable to both solicitors,
20. On the closing of the transaction, the Vendor shall provide to the Purchaser, the Purchaser's
form of the following documents:
a. Undertaking to Re-adjust
b. Section 116 of the Income Tax Act/Family Law Act Affidavit
c. Declaration of Possession
d. Construction Lien Act affidavit
21. Any rents, mortgage interest, 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, Realty Taxes including local improvement
rates shall be adjusted based on area of parcels sold and retained.
22. Time shall in all respects be of the esse~ce hereof provided that the 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 are hereby specifically
authorized to do so,
23, Ifnecessary for registration purposes, the Municipality shall prepare, at its expense, a plan of
survey for the Property,
24. Any tender of documents or money may be made on the parties or their respective solicitors.
25, This Agreement shall be read with all changes of gender or number required by the context.
26. Any Notice required to be served by the Vendor 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:
4
Muni.cipality of Clanngton
40 Temperance S1reet
Bowmanville, Ontario LIC 3A6
Attention: David Crome, Director of Planning Services
Facsimile No. (905) 623-0830
and any notice required to be served by the Purchaser upon the Vendor pursuant 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:
1472583 Ontario Limited
Neil Clark
200 Baseline Road East
Bowmanville, Ontario
LIC lA2
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 iftelefaxed or delivered prior to 4:30 p.m, on any business day
(excluding Saturdays, Sundays and statutory holidays) shall be deemed to 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)
following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to 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 of transportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
27, For the purposes of this Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military
authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or
fallouts, 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 of the 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,
DATED at Bowmanvil1e, Ontario this 2.<> day of Af{i I ,2011.
1472583 ONTARIO LIMITED
/'...ij r?4/ ~L~
Neil Clark Title .
I have the authority to bind the Corporation
DATED at Bowmanville, Ontario this----': day of
,2011
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Adrian Foster, Mayor
Patti L, Barrie, Municipal Clerk
We have the authority to bind the Corporation
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Developable Lands
Approximately ,56 hectares
(Subject to Survey)
Municipality of Clarington Planning services Department
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