The URL can be used to link to this page

Home My WebLink AboutWD-46-00 r ~ a , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT , Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: OCTOBER 2,2000 Res. #CI/f- tfb7-00 Report No.: WD-46-00 By-Law # Subject: PROPOSED LAND EXCHANGE OF A PORTION OF CHURCH STREET (NOT OPENED) IN NEWCASTLE VILLAGE WITH OWNER OF PARTS 12, 13, 14 AND 18 ON PLAN 40R-1491S (MASTERPIECE ESTATES) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-46-00 be received; 2. THAT 1138337 Ontario Inc.'s offer to exchange lands set out in the letter to the Municipality from Walker, Head, the solicitors for 1138337 Ontario Inc., and dated March 24, 2000, be accepted subject to Council resolving that, the Municipality's interest in Church Street (not opened) shown as Part of Part 14 on Plan 40R-14915, is declared surplus pursuant to section 193 of the Municipal Act and By-law No. 95-22; and 3. THAT the Mayor and Clerk on behalf of the Municipality be authorized to execute a land exchange agreement with 1138337 Ontario Inc. REPORT 1.0 ATTACHMENTS No.1: Key map of portion ofPlan40R-149l5 and Plan IOR-2412 No.2: Letter from Walker, Head dated March 24, 2000 No.3: Letter from Durham Appraisal Services dated September 27,2000 1101 C' REPORT NO.: WD-46-00 PAGE 2 2.0 BACKGROUND 2.1 1138337 Ontario Inc. ("1138337") (the Kaitlin Group) is the registered owner under the Land Titles Act of Parts 12, 13, 14 and 18 on Plan 40R-149l5 in Newcastle Village (Attachment No.1). The owner is preparing a draft plan of subdivision of these lands including the portion of Church Street (not opened) which is now shown as part of Part 14. The parts of Church Street (not opened) within Parts 13 and 14 on Plan 40R-14915 have not been dedicated as a public highway. 2.2 These parts of Church Street as well as Gold and Silver Streets which are included in Part 13 were originally shown on Hanning's Plan, a Registrar's Compiled Plan of part of Newcastle Village registered in 1868. Gold and Silver Streets also have not been dedicated as public highways. 2.3 In 1978, the lands within Part 13 on Plan 40R-14915 including Gold and Silver Streets and the southerly part of Church Street within Part 13 were expropriated by Ontario Hydro for the purpose of a transmission line corridor. The Solicitor advises that the effect of the expropriation was to terminate the Municipality's interest in Gold and Silver Streets. Subsequent to the expropriation, however, Ontario Hydro decided that Part 13 was surplus to its requirements and conveyed it, including the land shown as Gold and Silver Streets, to Bramalea Limited which is one of the current owner's predecessors in title. 1138337, therefore, now is the owner of Gold and Silver Streets and the southerly portion of Church Street shown as Part 13 on Plan 40R-14915. 2.4 Plan 40R-14915 also shows a realignment area of Mill Street on the easterly portion of Part 13. One of l138337's predecessors in title had permitted the Municipality to construct this realignment on his land. (The realignment area is shown as Parts 1, 2 and 3 on Plan 10R-2412 (see Attachment No.1). Nevertheless, the realignment area was not conveyed to the Municipality. Title to it now is vested in 1138337 and not in the Municipality. 1102 REPORT NO.: WD-46-00 PAGE 3 2.5 Title to Parts 12, 13, 14 (except Church Street (not opened)), and 18 on Plan 40R-14915 were transferred to the Land Titles system on the application of Bramalea Limited, which was registered as the owner in fee simple. Subsequently, as noted above, Bramalea Limited's interest in these Parts was transferred to 1138337. The portion of Church Street within Part 14 remained owned by the Municipality. 2.6 In April 2000, the Land Registrar, without prior notice to the Municipality, converted the title to the portion of Church Street within Part 14 to the Land Titles System. The Land Titles register now shows 1138337 and not the Municipality to be the qualified owner in fee simple of the portion of Church Street in question. The Municipality's claim, if any, to have the Land Titles registry rectified is being investigated by the Solicitor and remains outstanding at the present time. 2.7 By letter dated March 24,2000, Walker, Head (Attachment No.2), on behalf of 1138337 offered to exchange certain lands with the Municipality to facilitate preparation of a draft plan of subdivision. Under the proposal, the portion of Church Street (not opened) shown as part of Part 14 on Plan 40R-149l5 would be quit claimed and released by the Municipality to 1138337 in exchange for the transfer to the Municipality of the lands shown as Gold and Silver Streets on Plan 40R-14915 and the Mill Street realignment area shown as Parts 1,2 and 3 on Plan 10R-24l2. 2.8 The ground areas of the lands that would be exchanged are the following: Church Street (not opened) 1388 square metres . aoiifStreet---- - --- - ----- - -- - -- ----------- -- - ------- --j 3M square- metres.. Silver Street 1257 square metres Mill Street Realignment Area 4047 square metres 1103 REPORT NO.: WD-46-00 PAGE 4 2.9 An appraisal of the lands that would be exchanged was prepared by Durham Appraisal Services Incorporated in 1991. In 2000, Durham Appraisal Services reviewed the 1991 Appraisal and, in summary, advised that provided the same assumptions could be made regarding the Planning Act, the value of the subject lands would be unchanged (see Attachment No.3). The Planning Department confirmed that there are no changes to the status of the subject lands. PARCEL OF LAND APPRAISAL FOR 1991 APPRAISAL FOR 2000 Part of Church Street $16,000.00 No change Part of Gold Street $15,000.00 No change Part of Silver Street $14,000.00 No change Parts 1,2 and 3 on Plan 10R-2412 $27,000.00 No change 2.10 In the unique circumstances described above, Public Works considers that it would be in the Municipality's interest to accept the proposal made by 1138337 contained in Attachment No.2 subject to: (1) The Municipality complying with section 193 of the Municipal Act and By-law No. 95-22 respecting the sale of surplus land; (2) 1138337 paying the cost of preparing and registering on title any additional reference plan of survey; (3) 1138337 'paying the Municipality's Land Transfer Tax and registration costs to complete and register on title the exchanged lands as well as the Municipality's reasonable legal fees; and (4) 1138337 indemnifying the Municipality against the appraisal costs for which the Municipality was not previously inderunified by Bramalea Limited. , 1104 REPORT NO.: WD-46-00 PAGE 5 2.11 The exchange will give the Municipality title to the Mill Street realignment area and restore the Municipality's title to Gold and Silver Streets. The exchange will also allow the owner to proceed with the preparation of their draft plan of subdivision expeditiously. 3.0 RECOMMENDATIONS 3.1 It is recommended that the offer to exchange lands set out in the letter from Walker, Head dated March 24, 2000 on behalf of 1138337 which is contained in Attachment No.2 be accepted by the Municipality subject to the conditions set out in Paragraph 2.10 and that authority be given to the Mayor and Clerk to execute a land exchange agreement between the Municipality and 1138337 to give effect to this report. Respectfully submitted, Reviewed by, ~1/~ Stephen A. Vokes, P. Eng., Director of Public Works () vcvJ!J2 __ G-J ~ Franklin Wu, Chief Administrative Officer DH*SA V*ce 27/09/00 1105 . II 1 CLARKE ST , 'II -- -- -- -- -- -- ---- -- -- -- I ---- -- -- -- -- -- 1---- 1~~~--~~:~~l:>--~JP;~~:~~~=-i: '~. I."-t~~\ ~=~\i,':i~[JL::__. OF.,--l: I 1-, 'I_ld.'~'o--:-:,,__I.~_~1JC__-o-' I'" ; ! ... .; 1(~lu~~~~[:~~3En(=fNEWi---CAS' T'LE ' l ' . High1!<ay 401 :=(. >~jJo-.: if , j ~~ - ;r;='~_ _-o,,-,~;,)_D"r. / _~ ~ ~ C (]) a. o - o c ~ l- (/) I-:I: (f) i Cl Z' ,e:: - I~ ~ I -----1. 13 I ~r---- I / I I I / I II I I I / I 'I --=-7_-0=-=---'1 , '"'. ~ART14 qF PLAN fR-14915 , , / ! ~ PART ARF . ~A110)2 ! PART 2 OF PLAN 10R-241 '~'--., Ii I SILVER ST (not open) III :.11 :1 II ,I I, PART 13 OF PLAN 40R-14915 \( ~\II ,. \. GOLD ST (not open) PART 1 OF PLAN 10R-2412 JI( 1P"~1t s I ~oncesSlon Rd 1 _ _ _. I ---- ~~~I r DRAWN BY: J.R.M II DATE: SEPT. 2000 I REPORT WD-46-00 MA~___I ATTACHMENT NO.1 '.,,' .-2, 'i ' ~ _I,~, ~ -1 KEY 1106 ~RR-27-2000 ~5:25 WRLKER HERD 90S 420 ~073 P.01/03 v Suite 200 1305 Pickering Parlcway Pickering. OnUrtO L1V 3P2 Pickering: (905) 839-4484 Whitby: (905) 683-3444 Fn: (905) 420-1073 wlkhd@walkerhead.com WALKER BA......TIiA. DlVAD ceoucn-a... ~ William F. Wi21k~r.u Micha,t F. HMd"" Allan R. Rowsell Viero'" A. Sgm E. Drew Dowling Andmtl D. FeJJc~r Nicholas Catros Donald I. H.~ March 24, 2000 SENT BY FACSIMILE TRANSMISSION TO (905) 613-0830 .3 Page(.) No Covet' Sheet WARNING - CONTENTS CONFIDENTIAL File II- 12900 Ifll'an3mi3sion received by other than named recipient, conlllCt sender immediately Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AG Attention: Mr. Tony Cannella Dear Sir; Re: Port of Newcastle Masterpiece Estates being Parts 12, 13,14 and 18 on Plan 40R.14915 and part of Church Street We confIrm we are the solicitors for 1138337 Ontario Inc. (the Kaitlin Group) who have requested that we write to you to begin the process to resolve a couple of outstanding issues on the above noted lands. Our client is currently preparing a plan of subdivision with respect to the above noted lands, and would like to resolve the outstanding issues with respect to Church Street, Silver Street, Gold Street and part of Mill Street. . C~mfied by rh~ UJ1v Society of Upptr Canada as a Specialisr in Civil Litigation .... On ualle of Ab.,cnn~ 1107 ATTACHMENT NO.: 2 REPORT NO.: WD-46-00 MAR-27-2000 15:26 I,JALKER HEAD 905 420 1073 P.03/03 ." We look forward to hearing from you at your earliest convenience. Sincerely yours, ~ E. Drew Dowling EDDfnt c. The Kaitlin Group Ltd. Mr. Kelvin Whalen TOTAL P.03 1108 09/13/1996 20:31 9054308310 DURHAM APPRAISAL SER PAGE 01 DURHAM APPRAISAL SERVICES INC. 4 j Chipperfielcl Cres. Whitby. Dnt llR ,P1 . phone (905) 66&-2155 """ (905) 430-8310 September 27,2000 Mrs. Janet O'Neill, . The Corporation of the Municipality ofClarington, 40 Ten""",ancc Strm, BoWlD8llvilte, Ontario LlC3A6 . Dear Mrs. O'Neill: Re: Appraisal of the Market Value, dated April 26, 1991, of . the Rea1 Properties known as: PllIt of Church Street, Gold Street and Silver Street and Parts 1,2 and 3 onPlan 10R-2412, Vi11age of Newcastle, Now in the Municipality ofC1arington, RegioDlli MIIlIicipa!ity ofDurbam, Province of Ontario . At yt)Ul' 1'eqUCSt, I have reviewed our appraisal as referenced above in order to provide you with II current va1uC estimate for the 1~~ properties to be used with the registration of1:1.....b~ oftitJe. . Upon reviewing the appraisa1 and assnmlng an of the original Assumptions and Limitiog Conditions in. the report as _n as -nnin8 that there has ~ 00 change. in mUnicipal land pJa,miing or zoning regarding these properties, it is my opinion that the mad(et . value estimates in the 1991 appnisaI report are consistent with cmrent market :value. If any further assistance is required in this 11IlIlter, please caD. Yours Truly /J _'~ I ~~ Don Smith AACI, FRI, CMR Durham Appraisal Services Inc. 1109 ATTACHMENT NO.: 3 REPORT NO.: WD-46-00