HomeMy WebLinkAboutPSD-042-06 REPORT # 6
Leading the Way REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Tuesday, April 18, 2006
Report#: PSD-042-06 File #: RE 6.2.4 By-law#:
Subject: APPROVAL OF EXPROPRIATION, UNDER THE EXPROPRIATIONS ACT,
RESPECTING THE PROPOSED EXPROPRIATION OF 66 EAST BEACH ROAD,
BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-042-06 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 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073,
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 26646-0026 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;
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: � 4
Da i . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
I L/FL/DJC/df
27 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-042-06 PAGE 2
1.0 BACKGROUND
1.1 Report PSD-122-04 dealt with the acquisition of 66 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 66 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 Glen Ransom. The land has frontage on
the south side of East Beach Road and views out to Lake Ontario. The Municipality
owns the properties immediately to the east and 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 October 27th, 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 owner and published the notice in the Canadian Statesmen for three
consecutive weeks.
1.5 Through the serving of the notice the owner was 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 owner had 30 days of being served with
the Notice to notify the Approving Authority in writing that a hearing was requested. On
November 5th, 2004 the owner requested a hearing.
1.6 The expropriation process for this property has been delayed by the appeal filed by the
owner, Glen Ransom, the Port Darlington Harbour Company, and Wiggers Custom
Yachts Ltd. of Official Plan Amendment 39 proposed by the Municipality 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 the OPA as
amended with certain modifications. The result was that the Hearing of Necessity for 66
East Beach Road was scheduled for April 12 and 13, 2006. Mr. Ransom withdrew the
request for a hearing on March 24th, 2006 (Attachment 3). This application can now
proceed.
REPORT NO.: PSD-042-06 PAGE 3
2.0 COMMENTS
2.1 As Mr. Ransom has withdrawn his request for a hearing by an Inquiry Officer, he is 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 his 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 4) 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 5.
3.2 It is recommended that Council as the expropriating authority under the Expropriations
Act complete the expropriation of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-
50073, 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 26646-0026 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 6).
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 7).
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.
3.6 It should be noted that the Municipality cannot obtain possession of the land
expropriated until notices are served on the registered owner 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
REPORT NO.: PSD-042-06 PAGE 4
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 owner's interest and offer immediate payment of 100% of the amount of the
estimated market value of the owner's 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 - Letter from Mr. Ransom's lawyer withdrawing the request for hearing.
Attachment 4 - By-law to approve expropriation under Expropriations Act and to authorize
execution of Certificate of Approval of expropriation
Attachment 5 - Certificate of Approval of expropriation
Attachment 6 - By-law to expropriate for a district park under the Municipal Act, 2001
Attachment 7 - By-law to authorize execution and registration on title of expropriation plan
List of interested parties to be notified of Council's decision:
Mr. Glen Ransom
Mr. Stephen Waque
Attachment 1
To Report PSD-042-06
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Attachment 2
To Report PSD-042-06
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Proposed Lands to be Acquired by Expropriation
Roll Number: 020-130-08200
Address: 66 East Beach Road, Bowmanville
Site Area: 0.20ha (0.50ac)
® Lands Owned by Municipality of Clarington RE 6.2.4
1 t/100b 14:55 4168647404 DENNIS HEFFERON LAW Attachment 3
MAR-27-2006 13:23 To Report PSD-042-06
Bolden L Garals LLP
t%tare&Uhmt&TnWWa*Agents
Seas Plana,40 King Street West
Tomto,Ontaro,Cam M6H 3Y4
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Match 27,2006 MAP;0aj4M9wriade.com
BORDEN Delivered by Facsimile
LADNER
oeavA11 Office of Consolidated Hearings
.« P-0,Box 2382
2300 xonge Street, Suite 1201
Toronto, Ontario M4P IF-4
Attn: Ms.Gay McCurdy,Registrar
Dear Madam Registrar:
Re: Case No.04-164 w
Glen Ransom 66)East Reach Road,Quingtono Ontario
Phase 2—ApM1120 7,006
We are counsel for ZVtr, Ransom v ith respect to the above-noted matter. We write to �
advise the Joint Board that Mr. Ransom wishes to withdraw his request for a hearing of
necessity in the above matter. CottsequeUtly, Phase 2 of the hearing, currently scheduled ^
for April 12,2006, in Clariftgton. Ontario,will not be j ecessary. o
I have discussed this matter with Mr. Dennis Heffercn, counsel fb r the municipality of
Clarington, and I understand that Clarington will consent to Mr. Ransom's request to
withdraw from the hearing of necessity.
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Please contact me if you r'equue any addit OAW infonn ;bon,
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H0)RDE"N L"40INER GER AIS LLP
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Attachment 4
To Report PSD-042-06
THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON
BY-LAW NO.2006-
being a By-law to approve the expropriation of 66 East Beach Road, Lots 1 & 2, Block "A",
Plan H-50073, 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-
0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) 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 April 18th , 2006 the Council of The Corporation of the Municipality of
Clarington, approved the recommendations contained in Report PSD-042-06, and approved the
expropriation for the purposes of a district park of the lands more particularly described as 66 East
Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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-
0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) 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 66 East
Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40)
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 66 East
Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40)
shown on the draft plan of survey contained in Schedule 1 hereto.
BY-LAW read a first time this 18th day of April 2006
BY-LAW read a second time this 18th day of April 2006
BY-LAW read a third time and finally passed this 18th day of April 2006
John Mutton, Mayor
Patti L. Barrie,Municipal Clerk
Schedule 1
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Attachment 5
To Report PSD-042-06
CERTIFICATE OF APPROVAL
IN THE MATTER OF an application by The Corporation of the Municipality of
Clarington for approval to expropriate 66 East Beach Road, Lots 1 & 2, Block "A",
Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry
Division of Durham (No. 40) 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 18th of April, 2006 to
expropriate, for the purposes of a district park, the lands more particularly described as 66
East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) 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 18th day of April 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 6
To Report PSD-042-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a By-law to expropriate 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-
50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) 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 April 18th , 2006, the Council of The Corporation of the
Municipality of Clarington, passed By-law 2006- __ approving the expropriation of 66 East
Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40)
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 66 East Beach Road, Lots 1 & 2, Block
"A", Plan H-50073, 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
26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40)
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 18th day of April 2006
BY-LAW read a second time this 18th day of April 2006
BY-LAW read a third time and finally passed this 18th day of April 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Schedule 1
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Attachment 7
To Report PSD-042-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to authorize the Mayor and Clerk on behalf of the Municipality of
Clarington to execute an expropriation plan of 66 East Beach Road, Lots 1 & 2,
Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry
Division of Durham (No. 40) 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 April 18, 2006, the Council of the Corporation of the Municipality
of Clarington, approved the recommendations contained in Report PSD-042-06, and approved
the expropriation of the lands more particularly described as 66 East Beach Road, Lots 1 & 2,
Block "A", Plan H-50073, 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-
0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40), shown on the
draft plan of survey contained in Schedule 1 hereto;
AND WHEREAS at its meeting on April 18, 2006, Council passed By-law No. 2006-
approving the aforesaid expropriation;
AND WHEREAS at its meeting on April 18, 2006, Council also passed By-law No. 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 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 on behalf of the Corporation of the
Municipality of Clarington to execute an expropriation plan of 66 East Beach Road, Lots
1 &2, Block"A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham
(No. 40).
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 time this 18th day of April 2006
BY-LAW read a second time this 18th day of April 2006
BY-LAW read a third time and finally passed this 18th day of April 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Schedule 1
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REPORT NO.: PSD-042-06 INTERESTED PARTIES LIST
Mr. Glen Ransom
66 East Beach Road
Bowmanville, ON L1 C 3K3
Mr. Stephen Waque
Borden Ladner Gervais LLP
Scotia Plaza, 40 King Street West
Toronto, ON M5H 3Y4