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Home My WebLink AboutPSD-039-04 , . REPORT 115 a. f1 L~~ REPORT PLANNING SERVICES "-1).. t.. \ Meeting: COUNCIL Date: Monday, April 5, 2004 Report #: PSD-039-04 File #: SPA 2000/030 By-Iaw#: bloo,,-og~ Subject: RIDGE PINE PARK INC. - WILMOT CREEK PHASE 6 NOTICE OF ASSIGNMENT OF LESSOR'S INTEREST RECOMMENDATIONS: It is respectfully recommended: 1. THAT Staff Report PSD-039-04 be received: 2. THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute a Notice of Assignment of Lessor's Interest for the Leases referred to in the Lawrence, Lawrence, Stevenson LLP letter dated February 10, 2004; 3. THAT the By-law attached to Staff Report PSD-039-04 be approved by Council: and 4. THAT all interested parties listed in the Report and any delegations be advised of Council's decision. Submitted by: D vi . Crome, M.C.I.P., R.P.P. Director of Planning Services R",~,d b~ ~~ J.n Un Wu, '01 Chief Administrative Officer DH/BRlL T/DJC March 31,2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 REPORT NO.: PSD-039.04 PAGE 2 1.0 BACKGROUND 1.1 By Development Agreement dated June 28, 2002 between the Municipality of Clarington and Ridge Pine Park Inc., the Municipality approved Phase 6 of the development of Wilmot Creek. Notice of this Agreement was registered under the Land Titles Act and receipted as Instrument No. DR101568 on August 9,2002. 1.2 As provided for in this Development Agreement, Parts 1, 2, 3 and 4 on Plan 40R-21158 were transferred to the Municipality. These parts abut the CPR right-of-way on its south side. They were acquired by the Municipality for the purposes of the Waterfront Trail. 1.3 At the time of the transfer to the Municipality, a number of Leases to individual house purchasers for terms of less than 21 years had been registered against the title to Phases 1 to 5 in Wilmot Creek as well as against the title to parts 1, 2, 3 and 4 on Plan 40R-21158. When the individual Leases terminate, a Notice of Determination of Lease must be registered on title to remove them from the title to the lands now owned by the Municipality. The Leases will terminate on different dates. 1.4 I n order to expedite the process of executing and registering Notices of Determination, Lawrence, Lawrence, Stevenson LLP, the solicitors for Ridge Pine Park Inc., have been in discussions with the Land Registry Office. In their letter to the Municipality dated February 10, 2004, (Attachment 1) they request that the Municipality execute an assignment of the Municipality's interest in the Leases to Ridge Pine Park Inc. The latter company will execute Notices of Determination when the individual Leases end. 1.5 The Municipality's solicitor has reviewed the letter from Lawrence, Lawrence, Stevenson LLP and the documents attached to it. He has advised that the Municipality owns the reversionary interest in Parts 1, 2, 3 and 4 on Plan 40R-21158 subject to the Leases. He confirms that the Municipality accepted title to the lands subject to the Leases in favour of Ridge Pine Park Inc. That company is entitled to the ground rents reserved in the leases without obligation to account to the Municipality for them. Further, Mr. Hefferon advises that the processing of Notices of Determination will be expedited if the requested assignment is made to Ridge Pine Park Inc. and in his opinion, that this would be in the interests of the Municipality. REPORT NO.: PSD-039-04 PAGE 3 2.0 RECOMMENDATION: 2.1 It is recommended that Council approve the request of Lawrence, Lawrence, Stevenson LLP stated in their letter dated February 10, 2004 and pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality to execute the Assignment of Lessor's Interest in the Lands attached to that letter. Attachments: Attachment 1 - Lawrence, Lawrence, Stevenson LLP letter dated February 10, 2004 Attachment 2 - By-law List of interested parties to be advised of Council's decision: Lawrence, Lawrence, Stevenson LLP Barristers & Solicitors 43 Queen Street West Brampton, ON L6Y 1 L9 , ATTACHMENT 1 1---- L LA'WRENCE LA'WRENCE STEVENSO~-=:~ 1 William C. Lawrence, Q.C. Kenneth G. Hood. Michael J. Prsa John l. O'Kane Heather M. Picken Michael J. luchenski Pamela R. Pereira Daniela Ruso J. Farquhar MacDonald Edwin G. Upenieks. Anthony E. Bak William G. Sirdevan Robert J. van Kessel Meredith G. Cox Lisa C. Sticht-Maksymec Warren D. Ragoonanan LAWRENCES r -~----- -._~ -1 .Certified Specialist in Civil Litigation February 10,2004 1:-._.___-.-- _ j H.M. Picken's Direct Line: (905) 452-6891 EMail: hpicken@lawrences.com The Municipality of CIa ring ton Planning Services Department Development Review Branch 40 Temperance Street Bowmanville, Ontario LlC 3A6 Attention: Mr. Robert Russell Dear Mr. Russell : Re: Ridge Pine Park Inc. Phase VI of Wilmot Creek, :-.; ewcastle, Ontario Transfer of Waterfront Trail Lands We are solicitors for Ridge Pine Park Inc. in connection with the completion of the Transfer in favour of The Corporation of the Municipality of Clarington, as to the lands known as: "Part of Lot 3, Broken Front concession (former Geographic Township of Darlington) Municipality of Clarington, Regional Municipality of Durham, designated as Parts I, 2, 3 and 4 on Plan 40R-21158"; hereinafter referred to as the "Municipality Lands" By Instrument Number DR 1 0 1569 registered August 9, 2002, the Municipality Lands were conveyed by Ridge Pine Park Inc. to The Corporation of the Municipality of CIa ring ton (the "Municipality") pursuant to the terms of the Development Agreement. An opinion as to title of the lands was given by Eli Gutstadt, solicitor for Ridge Pine Park Inc. who had conducted a search of title to the subject Lands. The opinion letter is dated August 7, 2003, a copy of which is enclosed for your reference. The said opinion letter identifies certain title exceptions that were accepted by Municipality, in particular the exception referred to in paragraph 12 re "Notices of Leases in favour of Tenants/Homeowners in the Wilmot Creek Community". These Notices of Leases were carried forward to the parcel register for the Municipality Lands, which are now identified under PIN: 26935-0045. We are enclosing a copy of the parcel register Lawrence, Lawrence, Stevenson LLP Barristers & Solicitors 43 Queen Street West, Brampton, Ontario, Canada L6Y lL9 . Telephone 905.451-3040 . Fax 905.451-5058 '. The MunicipalityofClarington Page 2 for PIN: 26935-0045 for your reference. Leases which are no longer in effect need to be deleted from the parcel register by the registration of a Detel111ination of Lease against each of the parcel register for the lands owned by Ridge Pine Park Inc. ("Ridge Pine Lands") and the lands owned by the Municipality. All Notices of Leases registered prior to the conveyance to the Municipality which are to be determined now require the consent ofthe Municipality to cause such Determination of Leases to be registered. To make this as simple as possible, it is the recommendation of the Land Registrar that we obtain from the Municipality an Assignment of the Lessor's interest in all of the Notices of Leases in favour of Ridge Pine Park Inc. Thereafter, a Determination of Lease, when signed by Ridge Pine Park Inc., will result in the deletion of the Notice of Lease from both the parcel registers for Ridge Pine Lands and the Municipality Lands. We therefore require from you the aforesaid Assignment. In this regard, we are enclosing three copies of a draft Assignment of the Lessor's Interest in the Lease for your review and approval. This draft has been approved by the Land Registrar. If the draft meets with your approval, we will require three executed copies of the Assignment. Thereafter, we will attend to the registration of the Assignment on the Municipality Lands. The various instruments of the Notices of Lease and related instruments are recited in the Schedules attached to the Assignment. Your early attention to this matter would be greatly appreciated as there are Determination of Leases that have been registered but cannot be signed offby the Land Registrar until registration of the aforesaid Assignment. We thank you for your cooperation in this matter. Should you require further information, please do not hesitate to contact the writer or her legal assistant, Judy Achong. Yours very truly, LAWRENCE, LAWRENCE, STEVENSON LLP f) . - ) , J1~L i-I. j'IL per: Heather M. Picken HMP:ja Encls. -- Copy of Opinion Letter dated August 7, 2002; u Copy of Instrument No. DR 101569; -- Copy of Parcel Register for 26935-0045 c.c. Ridge Pine Park Inc. Attn: David Rice ~ ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-law to authorize the Mayor and Clerk to execute on behalf of the Municipality of Clarington a Notice of Assignment of Lessor's Interest in Leases within Ridge Pine Park Inc, WHEREAS the Solicitor for Ridge Pine Park Inc. has requested the Municipality's approval for the purposes of expediting the Notice of Assignment of Lessor's Interest in Leases to Ridge Pine Park Inc.; AND WHEREAS the Municipality of Clarington deems it advisabie and authorizes the mayor and Clerk to execute the Notice of Assignment of Lessor's Interest on behalf of the Municipality; NOW THEREFORE the Council of the Municipality of Clarington hereby enacts as foliows: 1. THAT the mayor and Clerk are hereby authorized to execute on behalf of the Municipality of Clarington a Notice of Assignment of Lessor's Interest for Leases within Ridge Pine Park Inc. BY-LAW read a first time this 51h day of April 2004 BY-LAW read a second time this 51h day of April 2004 BY-LAW read a third time and finaliy passed this 5th day of April 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk