HomeMy WebLinkAboutPSD-075-02
ClfJIIDglOn
REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, June 24, 2002
Report #:
PSD-075-02
File: SPA 2000-030 By-law #:
Subject:
RIDGE PINE PARK INC. - WILMOT CREEK COMMUNITY PHASE 6
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Staff Report PSD-075-02 be received;
2. THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute
a Development Agreement between Ridge Pine Park Inc. and the Municipality of
Clarington which provides among other things for the transfer of lands for the
Waterfront Trail that have certain interests and encumbrances registered against
said lands;
3. THAT the by-law attached to Staff Report PSD-075-02 be approved by Council;
and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da i J rome, M.C.I.P..R.P.P.
Director, Planning Services
BR*L T*DJC*sh
June 20,2002
Reviewed0'~--!-~
Franklin Wu
Chief Administrative Officer
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-075-02
PAGE 2
1.0 BACKGROUND
1.1 Staff, in consultation with Ridge Pine Park Inc. has been working towards the
completion of a Development Agreement for Phase 6 of the Wilmot Creek
Community. This agreement will amend the 1981 Development Agreement
between the former Town of Newcastle and Ridge Pine Park Inc. Incorporated.
1.2 A provision within the Phase 6 agreement stipulates that the lands to be provided
as the parkland dedication are to be added to the lands that will form a portion of
the Waterfront Trail that passes within the northerly portion of the Wilmot Creek
Community.
1.3 The Municipality requires that all lands that are to be transferred must be in fee
simple and free and clear of all encumbrances and restrictions.
1.4 Mr. Robert Doumani, legal counsel for Ridge Pine Park Inc. has written to the
Municipality's solicitor (see Attachment 1) stating that the lands to be transferred as
parkland dedication cannot be transferred free and clear of all encumbrances and
restrictions. His client has been leasing sites for a term of twenty-one years less a
day upon which a dwelling is erected. A large number of tenants of the sites have
been registering the leases on title. Also a number of mortgages have been
registered on title. Unfortunately the Land Titles office has been registering the
leases and mortgages against all parcels in Wilmot Creek including the parcel in
which the proposed waterfront trail is located although the trail is not part of the
sites on which the individual houses are located.
1.5 Mr. Doumani has suggested that the registration of the above leases and
mortgages create a timing problem for his client respecting the transfer of the
Waterfront Trail lands to the Municipality if fee simple, free and clear of
encumbrances and restrictions is required. When the trail is conveyed to the
Municipality it will be placed in a separate Land Titles parcel and that will preclude
future registration of leases and mortgages against the parkland dedication parcel.
Ridge Pine Park
REPORT NO.: PSD-075-02
PAGE 3
Inc. is prepared to undertake its best efforts to cause the removal of these
restrictions including any mortgages of the leaseholders from the title of the
parkland dedication either on turnover or expiry of the term of the lease, whichever
occurs first. Ridge Pine Park Inc. estimates that all registrations could be removed
within the next ten (10) to fifteen (15) years.
1.6 Following discussions with the Municipality's solicitor, staff would respectfully
recommend that the Municipality accept this approach to resolve the transfer of the
Waterfront Trail lands within Phase 6 of the Wilmot Creek Community, provided
that the clause suggested by Mr. Doumani in his letter of June 19, 2000 is included
as well as the following clause prepared by the Municipality's solicitor:
"If any person entitled to the benefit of one or more these registrations indicates
his intention to enforce or commence proceedings his priority rights against the
Municipality, the Municipality may commence and purse the expropriation of all
outstanding interests in the land shown as "Waterfront Trail" on the approved
Phase 6 Site Plan at the cost of the Owner, including but not restricted to the
compensation to the owners of such interests and the Municipality's reasonable
legal and other expenses. Forthwith after written demand for payment is made
by the Municipality to the Owner therefore, the Owner shall pay to the
Municipality the amount invoiced to the Owner for reimbursement of such amount
to the Municipality."
1.7 The Municipality's solicitor has reviewed and concurs with the recommendations of
this report.
2.0 CONCLUSION
2.1 It is respectfully recommended that the Mayor and Clerk be authorized to execute
the Development Agreement which contains provisions permitting the Municipality
to accept a transfer of land for the Waterfront Trail that is encumbered by
presently registered leases and mortgages subject to clause 24 of the agreement
being amended as provided in the letters contained in Attachments 1 and 2.
REPORT NO.: PSD-075-02
PAGE 4
Attachment 1 - Correspondence from Robert G. Doumani to the Municipal Solicitor
Attachment 2 - Correspondence from the Municipal Solicitor
Attachment 3 - Authorizing By-law
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ATTACHMENT 1
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Ilallen G. DolImoni
0Irtel: 41U8UOllO
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June 19,2002
BV FACSIMILE
Our fiI. no. 63700
Dennis IleIf......,
Banister " Sol1cItor
, ~2500
130 Ad.~e street W.
TClI'OIltO, Oritarla
MSH 2M2
, Dear Mr. Hefferan:
Rt: "4~ Creek . Ph.. . . Development AGreement
ThlafoBows my letter of 7 June 1'or.Rrding to you a CDpy Df the Land TItIec abstract for !he
parcels that c:amprise Wilmot Creek. '
,AS )'OUknaw my c1len1leues Illes for . tenn Df twenty.one ye&rsles; 8 day upcln which a
Cl'weIllng is erected. The tenants of the sites have been registering the Ieues on 1I1Ie.
The land TItles aft'ic:e has I'eI:lIst8t8d the leases lIgainshll paroefs Including the parcel in
which the PlVpCIS8d waterfnlnt trail is IllCIted even though thesw 81'8 located in Cl!her
parcels and the nil does not Include any site.
These reglsltodiu,,,,, make clallle 24 or the draft Phase Development ~t
prablematical fram a Umln" pentpeCUye only. Once the waterfront trail Is conveyed 10 the
Municipality It will be placed In a Iep8r1Ite parcel and that should preclude reglslr8tlan or
leases against that partel. It is C1Ur Dllenr. 8llp8l'ience that, despite the IIInn of the Ieae.
sites tum Oller on average every twelve years. My crl8nt 18 WIlling to undertake to use its
best effor1s 10 cause the remowl of the reglabat!<<ls (including in II few Instances
mortgages of !he lea8ehold Interests) from title to the trail on IuITlO\'ef' or 8ltJllty of the term
whichever fiISt occur&. It Ia my clIenfs 8XplICtatlon that all regls1nltlona could be removed
over the next ten to fifteen )'lIaIS.
I bell8Ye !he foregoing suggestion PrOVides 8 praCfic:a/ 8OIution to an Issue that Is not the
makIng of my diem, I believe the watBrfrant trail is one of the last outsf8nding matters to
be re&oMld before the llgreement can be -.cut.lt' My client is anxious to rrio\le fOlWanl.
It has a contractor ready to procUj and It must make a decision as to Whether it gees firm
with II large number of agreements to lease by the end t1I this 1'llClnth,
Bee Plooce, SulIll1IOO,lIox~, 1.111ay SlI8II" TOI'OIllll, 0nWr0, CaIlIda MSJ 2TB T: 41..1183.1500 F: 411.1&3.1515
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June 19, 2002
Page 2
In OI'der 10 expedite your consideration of lhla matter I set out below Trrf propos'ICIllCldilion
10 dal.lse 24 d the draft De'lelopment Agreetnlnt
"Despite the foregoing. the Munlcipal'lIy acknOWledges lt1at a number of residential
leases <and in a few.lnstanc:es mor1gagn Of Itle leasehold inl8r8stls) have been
registered against the title to the lands set out In Schedule "E". The OWner
u/1derUlkello use its best effoItlI to cause the reglatrations to be removed ftom
title upon the expiry d the term or surrender of such leases. whichever &hallllrst
occ:ur. On the basis of the Owner's undertaking, the Municipality agrees to looept
the transfer of the lands de&plta such regis1ratlons.'
, look forward to dIsCUSSing this proposal witI1 you as soon as possible.
Yours very tnJly,
-
RGOIeb
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JUN 20'02 12:25 FR ROBINS APPLEBY TAUB
TO 7375~1905623"
ATTACHMENT 2
DENNIS C. HEFFERON
BarrIster & Solicitor
Telephone (415) 360-3326
Facsimile (416) 868-0306
E-milll: dhefferonCilrobapp.eom
Suite 2500
130 Adelaide Street West
Toronto, Ontario
M5H 2M2
June 20, 2002
BY FAX: 416-863-1515
Mr. Robert G. Downani
Aird & Berlis LLP
Barristers and Solicitors
BCE Place
Suite 1800, Box 174
181 Bay Street
Toronto, ON MSl 2T9
Re: Ridge Pine Park Inc.: Phase 6 Development Agreement
Thank you for your letters dated June 7.2002 with enclosures and June 19, 2002.
Your proposed addition to clause 24 of the draft Development Agreement would have
the Mwricipality exposed to a large nwnber of interests in the portion of the Trail to be
transferred to the Municipality in fee simple. Your addition is not acceptable as it stands.
However, in order to expedite the fmalization of this matter, your addition could be
recommended to the Municipality if the following is added at the end of it:
"If any person entitled to the benefit of one or more of these regisnations indicates his
intention to enforce or commence proceedings his priority rights against the
Municipality, the Municipality may commence and pursue the expropriation of all
outstanding interests in the land shown as "Waterfront Trail" on the approved Phase 6
Site Plan at the cost of the Owner, including but not restricted to compensation to the
owners of such interests and the Municipality's reasonable legal and other expenses.
Forthwith after written demand for payment is made by the Municipality to the Owner
therefor, the Owner shall pay to the Mwricipality the amount invoiced to the Owner for
reimbursement of such amount to the Municipality."
Please advise me as soon as possible whether this way of resolving the matter is
acceptable to your client.
JUN 20'02 12:26 FR ROBINS APPLEBY TAUB
TO 7375"19056230830 P.03/03
Page 2
DCH:bg
Yours very truly,
(L..~
Dennis C. Hefferon
c. Mr. David Crome
** TOTAL PAGE.003 **
.
ATTACHMENT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-_
being a by-law to authorize the entering into a Deveiopment Agreement with Ridge Pine
Park Inc. and any Mortgagee who has an interest in the said lands and the Municipality
of Clarington In respect of the development of Phase 6 of the Wilmot Creek Community
WHEREAS the Council of the Municipality has enacted By-law 90-130 being a By-law
designating ell lands located within the corporata limits of the Municipality of Clarington as a Slta
Plan Control Area, a certified copy of which by-iaw has been registered in the Land Registry
Office for the Registry Division of Durham (No. 40) as Instrument No. D405251:
AND WHEREAS the Owner proposes to davelop Phase 6 of the Wilmot Creek Community and
has requested the Municipality to approve the said development pursuant to the provisions of
By-law 90-130:
AND WHEREAS the Owner proposes to transfer lands to the Municipality. which will form a part
of the Waterfront Trail located within the northerly portion of the Wilmot Creek Community:
AND WHEREAS the Municipality will accept said lands to be transferred notwithstanding said
lands are not free and clear of all leases and encumbrances:
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on beha~ of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a
Development Agreement between Ridge Pine Park Inc. and the Municipality respecting
for the development of Phase 6 within the Wilmot Creek Community and certain other
matters ,
2. THAT the Mayor and Clerk are hereby authorized to accept on behalf of the Municipality
the said conveyances of lands required pursuant to the aforesaid agreement.
BY-LAW read a first time this 24~
day of
June
2002
BY-LAW read a second time this 24th
day of
June
2002
BY-LAW read a third time and finally passed this 24" day of
June
2002
John Mutton, Mayor
Patti L. Barrie. MuniCipal Clerk