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Home My WebLink AboutPSD-086-04 . \ REPORT 117 ~ ClfllmglOn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 28, 2004 ~S" ~ C - 3'5';;1. -O~ By-law #: t900.'f- 17(,. .;;..=<-(-/77 Report #: PSD-086-04 File #: RE 6.12.2 Subject: DECLARATION AND SALE OF SURPLUS PROPERTY RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-086-04 be received; 2. THAT Council declare, by By-law, five separate portions of Block 77 on Plan 10M-784, as shown on Attachment 2, to be surplus property of the Municipality; 3. THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the agreements for the sale of the five portions identified on Attachment 2; 4. THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Real Property Reserve Account; and 5. THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transactions. Submitted by: Reviewed by: U /~4L~-..:CC--k Franklin Wu, Chief Administrative Officer David J. Crome, MCIP, R.P.P. Director of Planning Services ILlDJC/df 22 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-086.04 PAGE 2 1,0 BACKGROUND 1.1 Report PSD-121-02 recommended the acquisition of Part 1, 10R-2728 and Block 77, 10M-784, Squires Gate Drive, Bowmanville (Attachment 1) from Kiddicorp Investments. Council approved the purchase on November 25, 2004, and the lands were transferred into Municipal ownership on January 10, 2003. This acquisition was necessary to resolve an issue where the Municipality has developed park facilities on lands which were not owned by the Municipality. 1.2 Block 77 abuts the western boundary of five properties located at 94, 96, 98, 100, and 102 Penfound Drive. On July 25, 2003, staff received a request signed by each of the property owners that they be permitted to purchase a 60 foot deep portion of the Block which abutted their rear property lines. Each owner had been occupying the eastern part of the Block for a number of years and wanted to purchase the 60 foot deep piece to enlarge their back yards. 1.3 Block 77 contains a portion of a walkway which begins at the sidewalk on Squires Gate Drive and extends into Penfound Park and the Dr. Ross Tilley School. The walkway cuts through the south west corner of the Block. The request from the property owners was circulated to the Department heads for comment. There were no objections to declaring a 60 foot deep portion of the Block as surplus provided that a minimum setback of 15 feet be maintained from the existing walkway to the surplus property. This setback is required in order to allow sufficient room for maintenance of the walkway and a grassed border. Attachment 2 indicates the location of the walkway and the proposed five parcels to be sold as surplus. 1.4 The owners were informed that there was support for the sale of the parcels subject to the following conditions. The setback from the walkway must be maintained. One solicitor is to be engaged to represent all five property owners in the land transfer transaction. Each individual piece is to be melded to the corresponding residential property. The purchase price is to include the cost of the land itself, and the surveying, legal and administrative costs to close the transaction. 1.5 An appraisal was conducted for all of Block 77 when the property was purchased from Kiddicorp Investments. in May of 2002 the estimated fair market value of Block 77 was $55,000, or $28.31 per square metre. Estimates have also been obtained on the legal and surveying costs. The total of all expenses equals $32.00 per square metre. On April 23, 2004, staff received a letter signed by all five owners agreeing to the purchase price and the additional terms (Attachment 3). Should Council approve the sale of these lands the parcels will be surveyed to determine their exact dimensions. Staff have proved an estimate of the proposed lot areas on Attachment 2. At $32.00 per square metre, the cost of each parcel would range from approximately $4,510 to $5,630. The sale of all five would generate approximately $25,696 to be deposited in the Municipal Acquisition Reserve Account to be utilized for future purchases. 1.6 In accordance with the procedures of the Municipal Act and the Municipality's disposition of surplus property By-law 95-022, the declaration of these lands as surplus property, and their proposed sale to the abutting owners, was advertised in The REPORT NO.: PSD-086-04 PAGE 3 Canadian Statesman on June 16, 2004 (Attachment 4). As of the writing of this report no objections have been received. 2,0 CONCLUSION 2.1 By-law 95-022, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: . identify real property that should be declared surplus; · report to Council recommending that Council declare the particular real property to be surplus property and set out the reason why it should be declared to be surplus property; and · advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the real property, unless an appraisal is not required under the Municipal Act. 2.2 As the Director of Planning Services I have reviewed the request from the property owners and support declaring these lands surplus. Block 77 was purchased in its entirety frorn Kiddicorp Investments because the owner would not sell just the southerly portion of the Block that contained the walkway. The Municipality wanted to maintain the pedestrian connection to the school and park so the entire piece was purchased. 2.3 The lands that have been requested to be declared surplus and sold are not required for Municipal purposes. The lands are designated residential in the Clarington Official Plan and zoned R1 in the Municipality's Zoning By-law. 2.4 An appraisal was conducted in 2002 when the lands were purchased from Kiddicorp Investments. As the Block does not have frontage on an opened and maintained road, staff are satisfied that the fair market value estimated in 2002 has not significantly changed. 2.5 All five property owners have agreed to the terms and conditions of the sale and are willing to pay fair market value plus all additional expenses. All five owners will be melding the separated pieces to their individual properties and have selected one solicitor to act on their behalf to ensure consistency in the land transfer and consent process. The sale of these parcels will reduce maintenance costs to the Municipality and generate revenue for future lands that have been identified for acquisition. Staff recommend that the eastern portion of Block 77 be declared surplus and be sold to the abutting land owners of 94, 96, 98, 100, and 108 Penfound Drive. Attachments: Attachment 1 - Lands purchased from Kiddicorp Investments Attachment 2 - Walkway location and proposed parcels to be sold Attachment 3 - Letter of agreement from all five owners Attachment 4 - Notice of declaration and sale of surplus property Attachment 5 - Declaration of Surplus Property By-law Attachment 6 - Sale of Surplus Property By-law > 0:: W o \\ 3, I II I ~) BONNYCASTLE -\ I I I w > -0:: - 0 - -w _ 0 - Vl -I- - Vl w 3= ~ . \ BROD\( CR\. \ 'I ~ N ST. I-- \ --(/ I "\. \" " \ >-~ ~ ~<V~f I.D ~ ~I GTON ~ '<< TfGY\~/ '\ BOTTRELL \~ ~ ----' ~ (;<.) ~Gj v<<:- --- / w > 0:: _0 -w - 0 ~ Vl -I- -Vl -w -3= - - - I --J I zw ou 1-:5 ~c... z z w c... "\ I I ATTACHMENT 1 I ~01& I \ ~ ~STONWAY DR. ~ \ \ \ f- :::lw ww 0::0:: 1=1- ::JVl -l f- f- - - I~\ III -....... PEN FOUND - - - ~- == - = - SQUIIi :S GATf DR. - ~(J '\ _ t z= ~~\ -~ = '\ )~~ ~ = ':l\ \ ~ -- - II . I ,,- Lands to be Purchased from Kiddicorp Investments Ltd. ~ Block 77, 10M-784 ~ Part 1, 10R-2728 RE 6.12.1.1 ATTACHMENT 2 >, E E E . @ 0 ;0 co 149.55sq.m 000 W "'" ~ ~O C a:i l8.288m aiol > ;0 0::: E E E @ 0 IX) 167.89sq.m 00 0 ~ ~ ~ - m 0> 18.288m 0 "'" 0 Z 0 E .E @ .a - l67.72sq.m .... ::> ., ,... ~ Ul a en 18.288 oi U. E E E @ Z <0 n 14l.36sq.m '" W .... 0- 18.288m " 175.58sq.m E @) .... '" iii ~ WALKWAY SQUIRES GATE J w C) O~ O::::J iDa ....10 <( S BOWMANVILLE D Proposed Parcels To Be Sold RE 6.12.2 Mr. David Crome Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 ATTACHMENT 3 7RSJEll::m';TI'\\7iTf(/ilH y'" '. <:~)!~!;; .APh' ? '"'~l')!J' ",~,J/ r.~ ,j i!.JU4 Dear Mr. Crome: REQUEST TO PURCHASE A PORTION OF BLOCK 77, 10M-784 FROM THE MUNICIPALITY OF CLARINGTON We, the property owners of 94,96,98, 100, and 102 Penfound Drive, Bowmanviile, would like to acquire a portion of Block 77, 10M-784, which abuts our rear lot lines. We are requesting that the Municipality declare a 60 feet (18.29 m) deep portion of the Block as surplus property to be soid to each abutting land owner. We understand that the Municipality wishes to rnaintain a setback of 15 feet (4.572 m) from the existing walkway to 102 Penfound Drive. The addition to this property will be an irregular shape in order to accommodate the setback. We will engage one solicitor to represent all five property owners in the land transfer transactions and we will meid each individual piece to the corresponding residential property. We agree that the purchase price will be $32.00 per square metre for the lands that we are to acquire. f l 16LL" (c: ,}-r Property Owner, 94 Penfound Drive '~tLJ\ . ) / \ ;:rt't! z/ , Date " -f"'-~--~--? "..,,6"''''' . .' .7;>" ,< <',;/1' Property Owner, 96 Penfound Drive A____/ /_"-"-~/' Property Owner, 98 Penfound Drive : ~ c',.,' '. ;1'\.Cv\'\'''- C /' - Property Owner, 100 Penfound Drive ..-1C? '7 / / ZcY-o> 'I Date LI"\ Date -'I -~- ,-;c~ r J.l J - ./ /,/'-~ --'I /} ( Property Own ~^ \ I, ,';1&;1../ Date- .j ~,,'l /5'/00 Date / ' ~', .:-' ,.' RUBLlC NOTICE ' " RESPEC'i1NG A PORTION OF BLOCK Tr , . ON PLAN 10M.7S4 SQUIRES GATE DRIVE, BOWMANVILLE TAKE NOTICE THAT the Council of the Corporation of the Municipality of Clarington at its meeting to be held in the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, BowmanYille,Qntario, on Monday, June 28th, 2004, at 7:00 p.m. proposes to: (a) pass a by-law to declare a portion of BlOCk n on 'Plan10M-784, as shown as the area:to be sold below, to be surplus property; and (b) pass a by-law to permit the sale and transfe,r of this ,~ portion of Block 77 to the abutting land owners , ,I~ted at 94, 96; 98,100,-and102 Penfound Drive. AND TAKE FURTHER NOTICE THAT before passing these by-laWS, Council' shall hear in per- . son or by his cOunsel, solicitor or agent, any, per- son who claims that his land will Pe prejoolCially affected by these by-laws or either of them and .who applies to be heard.. . , , Patti L. Barrie Municipal Clerk Municipality of Clarington ' 40 Temperance Street Bowmarniille, Ontario L1C 3A6 1;:;B~:'.i~~....l"'';\.i. :jREli;lZ; ATTACHMENT 4 ATTACHMENT 5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a by-law to declare the lands more particularly described as five portions of Block 77, 10M-784, Part Lot 15, Concession 1, former Township of Darlington, to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The lands more particularly described as five portions of Block 77, 10M-784, Part Lot 15, Concession 1, former Township of Darlington, as identified on Schedule 1, are hereby declared surplus. 2. Schedule 1 attached hereto forms part of this By-iaw. BY-LAW read a first time this 28th day of June 2004 BY-LAW read a second time this 28th day of June 2004 BY-LAW read a third time and finally passed this 28th day of June 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE 1 :>. E E E , @ 0 ;: '" 149.55sq.m ~:3 w '" . ~ "0 <Ii 18.288m !Xi oi > ;: E E E @ 0:: 0 '" 167.89sq.m ~ Cl ~ .... 0> 18.288m '" Cl E .E @ Z .... 167.72sq.m ~ ::l. ~ 0 .m 18.288 '" U. E @ Z 141.36sq.m ~ W 18.288m ,..: il. 175.58sq.m E @ .... .N Iii ~ WALKWAY SQUIRES GATE ...rJ;. .L---I I1..J o ,-,!- =b:: o::~ IDa ~() .~ BOWMANVILLE CJ Proposed Parcels To Be Sold. RE 6~12.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~ ATTACHMENT 6 BY-LAW NUMBER 2004- being a by-law to authorize the sale and transfer to the abutting properties owners of 94, 96, 98, 100, and 102 Penfound Drive five separate portions of Block 77 on 10M-784, Part Lot 15, Concession 1, former Township of Darlington WHEREAS at its meeting on June 28, 2004, Council of the Corporation of the Municipality of Clarington passed By-law 2004- deciaring a portion of Block 77, Plan 10M-784, part Lot 15. Concession 1, former Township of Darlington, to be surplus; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and the Municipal Clerk are authorized to execute, on behalf of the Municipality of Clarington, with the Corporate Seal, purchase and sale agreements between the properties owners of 94,96,98,100, and 102 Penfound Drive and the said Corporation for the lands identified in Recommendation 2 of Report PDS-086-04. BY-LAW read a first time this 28th day of June 2004 BY-LAW read a second time this 28th day of June 2004 BY-LAW read a third time and finally passed this 28th day of June 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk