HomeMy WebLinkAboutPSD-032-06 REPORT #4
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Leading the Way
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Monday, March 20, 2006 t0
Report#: PSD-032-06 File#: RE 6.2.10 By-law#:
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Subject: APPROVAL OF EXPROPRIATION, UNDER THE EXPROPRIATIONS ACT,
RESPECTING THE PROPOSED EXPROPRIATION OF 46 EAST BEACH ROAD,
BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-032-06 be received;
2. THAT Council as the Approval Authority under subsection 5(1) of the Expropriations Act pass a
by-law to approve the proposed expropriation for the purposes of a district park of the lands
more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession,
former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality
of Durham, which land is more particularly described in the parcel register identified by parcel
identification number 26646-0019 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) shown on the draft plan of survey contained in Attachment 1, and to authorize
the Mayor and Clerk to execute a Certificate of Approval of the expropriation;
3. THAT Council pass a by-law to expropriate the land for the purposes of a district park pursuant
to the Municipal Act, 2001; and
4. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to
execute an expropriation plan of the land and cause the plan to be registered in the proper land
registry office pursuant to subsection 9(1) of the Expropriations Act; and
5. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
Submitted by: Reviewed by: . r`
David . rome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
IL/FL/DJC/df
8 March 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-032-06 PAGE 2
1.0 BACKGROUND
1.1 Report PSD-096-04 dealt with the acquisition of 46 East Beach Road, Bowmanville, by
the Municipality for the purposes of a district park. Recommendations 2 and 3 provided:
• THAT Council hereby authorizes an application be made to the Council of the
Corporation of the Municipality of Clarington as the approval authority under
subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for
the approval of the expropriation of the lands described as 46 East Beach Road,
Bowmanville, for the purposes of a district park; and
• THAT Council hereby authorize staff to take all necessary actions to serve notice
of its application for approval to expropriate upon the owner of the land to be
expropriated and to publish the aforesaid notice in accordance with subsection
6(1) of the Expropriations Act.
1.2 The property to be expropriated is owned by Alvarina De Lemos and Maria Celeste De
Lemos. The land has frontage on the north side of East Beach Road. The north
boundary abuts a water treatment facility owned by the Regional Municipality of
Durham. The Municipality owns 147, 149, and 157 Port Darlington Road to the west
and other lands in the immediate area (Attachment 2).
1.3 Council authorized the Municipality's application for approval of the proposed
expropriation to Council. Council is the approving authority for an expropriation of land
by the Municipality under the provisions of the Expropriations Act. The Act provides that
Council as the approving authority must formally approve a proposed expropriation
before it can occur.
1.4 On July 7, 2004, pursuant to subsection 6(1) of the Expropriations Act, the Clerk served
notice of the Municipality's application for approval of the expropriation on the registered
owners concerned, and published the notice in the Canadian Statesmen for three
consecutive weeks.
1.5 Through the serving of the notice the owners were given the opportunity to request a
hearing by an Inquiry Officer as to whether the proposed taking of the lands is fair,
sound and reasonably necessary in the achievement of the objectives of the
expropriating authority (the Municipality). The owners had 30 days of being served with
the Notice to notify the Approving Authority in writing that a hearing was requested. On
July 14th the owners requested a hearing and an Inquiry Officer was appointed on
August 16th. The owners' withdrew the request on October 18th, 2004, prior to a hearing
date being set.
1.6 The expropriation process for this property has been delayed by the appeal filed by Port
Darlington Harbour Company, Glen Ransom, and Wiggers Custom Yachts Ltd. of
Official Plan Amendment 39 proposed by the Municipality under application number
COPA 04-005 and the subsequent hearing before the Joint Board. The hearing was
held on January 17th, 2006 regarding the OPA and a decision has been given approving
REPORT NO.: PSD-032-06 PAGE 3
the OPA as amended with certain modifications. The result is that this application can
now proceed.
2.0 COMMENTS
2.1 As the De Lemos have withdrawn their request for a hearing by an Inquiry Officer, they
are not questioning whether the proposed taking of the lands is fair, sound and
reasonably necessary in the achievement of the objectives of the expropriating
authority. The only matter to be determined is the amount of compensation. Upon
Council's approval, as the approval authority, of the expropriation, the owners' rights, in
effect, will be converted from ownership of an interest in the lands in question to a right
to be paid fair market value compensation for their interests. If compensation cannot be
agreed to it will be determined through mediation or, if necessary, by arbitration by the
Ontario Municipal Board.
3.0 CONCLUSIONS AND RECOMMENDATIONS
3.1 It is recommended that Council, as the Approving Authority under subsection 5(1) of the
Expropriations Act, pass a by-law (Attachment 3) under the Expropriations Act to
approve the proposed expropriation for the purposes of a district park and to authorize
the Mayor and Clerk to execute the Certificate of Approval required by the Act. A copy
of the Certificate of Approval is included as Attachment 4.
3.2 It is recommended that Council as the expropriating authority under the Expropriations
Act complete the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front
Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the
Regional Municipality of Durham, which land is more particularly described in the parcel
register identified by parcel identification number 26646-0019 in the Land Titles Office
for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey
contained in Attachment 1, since the taking of such land is fair, sound, and reasonably
necessary in the achievement of the objectives of the Expropriating Authority in
providing a district park facility at that location.
3.3 It is also recommended that Council pass a by-law under the Municipal Act, 2001 to
expropriate the lands in question for the purposes of a district park (Attachment 5).
3.4 Finally, it is recommended that Council pass a by-law to authorize the Mayor and the
Clerk on behalf of the Municipality to execute an expropriation plan of the lands in
question and authorize its registration in the proper land registry office pursuant to
subsection 9(1) of the Expropriations Act (Attachment 6).
3.5 If Council approves the proposed expropriation it will be completed by the registration in
the proper land registry of a plan of the lands which are expropriated. The plan must be
registered within 3 months after approval to expropriate has been given. Title is
transferred to the Municipality on the registration of the plan.
REPORT NO.: PSD-032-06 PAGE 4
3.6 It should be noted that the Municipality cannot obtain possession of the land
expropriated until notices are served on the registered owners which require possession
of the land expropriated to be given to the Municipality on a specified date. That date
must be at least 3 months after the date of service of the notice of possession. Before
taking possession of the land, subsection 25(1) of the Act requires that the expropriating
authority serve upon the registered owner an offer of an amount in full compensation for
the owners' interest and offer immediate payment of 100% of the amount of the
estimated market value of the owners' interest. This offer must be served within 3
months of the registration of the plan. Notice of possession specifying a date that the
Municipality requires possession must be served at least 3 months after the date of
serving of an offer.
Attachments:
Attachment 1 - Draft plan of survey
Attachment 2 - Ownership pattern
Attachment 3 - By-law to approve expropriation under Expropriations Act and to authorize
execution of Certificate of Approval of expropriation
Attachment 4 - Certificate of Approval of expropriation
Attachment 5 - By-law to expropriate for a district park under the Municipal Act, 2001
Attachment 6 - By-law to authorize execution and registration on title of expropriation plan
List of interested parties to be notified of Council's decision:
Paul B. Scargall
Maria Celeste De Lemos
Alvarina De Lemos
Attachment 1
To Report PSD-032-06
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Attachment 2
To Report PSD-032-06
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EAST BEACH ROAD
Lake Ontario
Proposed Lands to be Acquired by Expropriation
Roll Number: 020-130-09500
Address: 46 East Beach Road, Bowmanville
Site Area: 0.33ha (0.81 ac)
Q Lands Owned by Municipality of Clarington RE 6.2.10
Attachment 3
To Report PSD-032-06
THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON
BY-LAW NO.2006-
being a By-law to approve the expropriation of 46 East Beach Road, Part of Lot
9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is
more particularly described in the parcel register identified by parcel identification
number 26646-0019 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1
hereto on behalf of the Council of the Municipality of Clarington as the approving
authority under the Expropriations Act, and to authorize the Mayor and Clerk to
execute a Certificate of Approval under the aforesaid Act
WHEREAS at its meeting on March 20th, 2006 the Council of The Corporation of the Municipality of
Clarington, approved the recommendations contained in Report PSD-032-06, and approved the
expropriation for the purposes of a district park of the lands more particularly described as 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly
described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles
Office for the Land Registry Division of Durham (No.40)as shown on the draft plan of survey contained
in Schedule 1 hereto;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows:
1. THAT the Council of The Corporation of the Municipality of Clarington as approving authority
under the Expropriations Act, R.S.O., 1990, c.E.26, hereby approves the expropriation by The
Corporation of the Municipality of Clarington of the lands more particularly described as 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification number 26646-0019
in the Land Titles Office for the Land Registry Division of Durham(No.40)as shown on the draft
plan of survey contained in Schedule 1 attached to and forming part of this By-law.
2. THAT the Mayor and Clerk are hereby authorized on behalf of the Council of The Corporation of
the Municipality of Clarington to execute a Certificate of Approval of the expropriation by The
Corporation of the Municipality of Clarington of the lands more particularly described as 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification number 26646-0019
in the Land Titles Office for the Land Registry Division of Durham (No.40)as shown on the draft
plan of survey contained in Schedule 1 hereto.
BY-LAW read a first time this 20th day of March 2006
BY-LAW read a second time this 20th day of March 2006
BY-LAW read a third time and finally passed this 20th day of March 2006
John Mutton,Mayor
Patti L. Barrie, Municipal Clerk
Attachment 4
To Report PSD-032-06
CERTIFICATE OF APPROVAL
IN THE MATTER OF an application by The Corporation of the Municipality of
Clarington for approval to expropriate 46 East Beach Road, Part of Lot 9, Broken
Front Concession, former Town of Bowmanville, now in the Municipality of
Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification
number 26646-0019 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1
hereto.
The Council of The Corporation of the Municipality of Clarington hereby certifies that approval
was given to The Corporation of the Municipality of Clarington on the 20th day of March, 2006
to expropriate, for the purposes of a district park, the lands more particularly described as 46
East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now
in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification number 26646-
0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 attached to and forming part of this Certificate,
being the land described in the application.
DATED at Bowmanville, Ontario this 20th day of March 2006
The Council of the Corporation of the
Municipality of Clarington
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Schedule 1
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Attachment 5
To Report PSD-032-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a By-law to expropriate 46 East Beach Road, Part of Lot 9, Broken Front
Concession, former Town of Bowmanville, now in the Municipality of Clarington,
in the Regional Municipality of Durham, which land is more particularly described
in the parcel register identified by parcel identification number 26646-0019 in the
Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 hereto, for the purposes of a
district park pursuant to the Municipal Act, 2001, S.O. 2001
WHEREAS at its meeting on March 20th, 2006, the Council of The Corporation of the
Municipality of Clarington, passed By-law 2006- approving the expropriation of 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification number 26646-
0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 hereto;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as
follows:
1. THAT the land more particularly described as 46 East Beach Road, Part of Lot 9,
Broken Front Concession, former Town of Bowmanville, now in the Municipality of
Clarington, in the Regional Municipality of Durham, which land is more particularly
described in the parcel register identified by parcel identification number 26646-0019 in
the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 attached to and forming part of this By-
law, is hereby expropriated for the purposes of a district park pursuant to the Municipal
Act, 2001, S.O. 2001, c.25, as amended.
BY-LAW read a first time this 20th day of March 2006
BY-LAW read a second time this 20th day of March 2006
BY-LAW read a third time and finally passed this 20th day of March 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 6
To Report PSD-032-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of
Clarington to execute an expropriation plan of 46 East Beach Road, Part of Lot 9,
Broken Front Concession, former Town of Bowmanville, now in the Municipality
of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification
number 26646-0019 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1
hereto in accordance with Section 9 of the Expropriations Act
WHEREAS at its meeting on March 20th, 2006, the Council of The Corporation of the
Municipality of Clarington, approved the recommendations contained in Report PSD-
032-06, and approved the expropriation of the lands more particularly described as 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel 'identification number 26646-
0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 hereto;
AND WHEREAS at its meeting on March 20th, 2006, Council passed By-law 2006-
approving the aforesaid expropriation;
AND WHEREAS at its meeting on March 20th, 2006, Council also passed By-law 2006-
pursuant to subsection 6(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended to
expropriate the aforesaid lands;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized on behalf of The Corporation of the
Municipality of Clarington to execute an expropriation plan showing 46 East Beach
Road, Pail of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel identification number
26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40)
as shown on the draft plan of survey contained in Schedule 1 attached to and forming
part of this By-law;
2. THAT the Mayor and Clerk are authorized on behalf of The Corporation of the
Municipality of Clarington to cause the aforesaid expropriation plan to be registered in
the proper land registry office pursuant to subsection 9(1) of the Expropriations Act.
BY-LAW read a first this 20th day of March 2006
BY-LAW read a second time this 20th day of March 2006
BY-LAW read a third time and finally passed this 20th day of March 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Schedule 1
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