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Home My WebLink AboutLGL-004-16Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: September 26, 2016 Report Number: LGL-004-16 File Number: Department File #L2030-05-31 By-law Number: Report Subject: Kawartha Pine Ridge District School Board – Ontario Street School Victoria St. (unopened road allowance) Recommendations: 1.1 That Report LGL-004-16 be received; 1.2 That Council pass the by-law attached to this Report (Attachment 6) in order to close the unopened portion of Victoria Street described as Part 1 on 40R-29342; 1.3 That Part 1 on 40R-29342 be conveyed to the Kawartha Pine Ridge District School Board for nominal consideration subject to the conditions set out in this Report; and 1.4 That the Kawartha Pine Ridge District School Board be advised of the Municipality’s decision. Municipality of Clarington Page 2 Report LGL-004-16 Report Overview Ontario Street Public School closed in the fall of 2013. The Kawartha Pine Ridge District School Board has declared the property surplus to its needs and has entered into an agreement to transfer it to the French-language Public District School Board, Conseil Scolaire Viamonde. Due to an oversight by the Board when title to the property was supposed to have been corrected in 1984, a portion of the Victoria Street unopened road allowance, which runs through the middle of the site, remains in the name of the Municipality. Staff are recommending that title to the property be corrected through the closure and conveyance of this portion of the unopened road allowance. 2. Background 2.1 In Report PSD-009-16 (January 11, 2016), the Planning Services Department provided background respecting the status of the Ontario Street Public School property and specifically an unopened portion of the Victoria Street road allowance that runs through the property. Attachment 1 (Location Map) shows the school site and the road allowance that runs through it. 2.2 Subsequent to the preparation of Report PSD-009-16, the lawyer for the Kawartha Pine Ridge District School Board (“KPRDSB”) wrote to the Municipality and described the circumstances under which title to the property was supposed to have been corrected in 1984. A copy of this letter dated July 19, 2016 (without attachments) is attached to this Report (Attachment 2). 3. Discussion 3.1 Essentially, we now need to correct what was supposed to have been corrected in 1984 by closing and conveying the portion of road allowance shown in Attachment 1. 3.2 Staff support the closure and conveyance because it corrects a title problem that has existed for several decades, subject to the following 3 conditions: (a) The Municipality will retain ownership of the portion of the unopened road allowance that has been improved for use as a bus bay on Ontario Street in the location shown on the site plan dated December 1997 (now identified as Part 2 on Plan 40R-29342). Municipality of Clarington Report LGL-004-16 Page 3 (b) The Board must convey to the Municipality the remainder of the land that has been improved for use as a bus bay on Ontario Street that is identified as Parts 1 and 2 on Plan 10R-3670 (Attachment 5). (c) The Board must bear the costs of the preparation and registration of all documents including the reference plan. 3.3 In order for the transaction to be completed, Council must officially close by by- law the portion of the Victoria Street road allowance between Ontario Street and Duke Street (shown as Part 1 on Plan 40R-29342). Attachment 6 to this Report is the form of by-law required. 4. Concurrence 4.1 The Director of Planning Services and the Director of Engineering Services have reviewed this Report and concur with the recommendations. 5. Conclusion 5.1 In order for the KPRDSB to transfer the Ontario Street Public School lands to the French School Board, it is necessary for the Municipality to correct a decades old title problem. Staff respectfully recommend that the necessary by-law be passed. 6. Strategic Plan Application – not applicable Submitted by: Reviewed by: Andrew C. Allison, B. Comm, LL.B Curry Clifford, MPA, CMO Municipal Solicitor Interim CAO Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Municipality of Clarington Report LGL-004-16 Page 4 Attachments: Attachment 1 – Location Map Attachment 2 – Letter dated July 19, 2016 from LLF Lawyers. Attachment 3 – 1997 Site Plan Attachment 4 – Reference Plan 40R-29342 Attachment 5 – Reference Plan 10R-3670 Attachment 6 – Proposed By-law The following is a list of interested parties to be notified of Council’s decision: Peter Lawless, LLF Lawyers (solicitors for Kawartha Pine Ridge District School Board) ATTACHMENT NO. 1 LGL-004-16 Location Map ATTACHMENT NO. 2 LGL-004-16 LAWYERS Pete La wles s plawless@llf.ca (705) 742-1674 Ext 212 July 19, ·2016 Municipality of Clarington 40 Temperance Street Bowmanville ON L 1 C 3A6 Attention: Andrew Allison, City Solicitor Dear Sir: Re: Ontario Street Public School in the former Town of Bowmanville We have been retained by the Kawartha Pine Ridge District School Board (the "Board" or "KPR") in connection with the matters relating to the above-noted school. As you are aware, a portion of Victoria Street established by John Grant's Plan of Part of Lot 11, Concession 1 in the former Town of Bowmanville runs through the property occupied by the Board that is known as the Ontario Street Public School. The school is now closed and the Board is dealing with an offer from the French-language Public District School Board, Conseil Scolaire Viamonde ("CSV''), who wish to operate an elementary school on the property. CSV's offer requires KPR to obtain title to that portion of Victoria Street that runs through the school site. For your reference, I am enclosing a Property Index Map that shows the school site and Victoria Street. It is my understanding that a school has existed on at least a portion of the current school site since approximately 1889. However, the existing building, which was constructed entirely across Victoria Street, was erected in 1949. Two additions were constructed in 1951 and 1962. I am enclosing a Site Plan showing the 1949 building and the two additions. The school property is comprised of two parcels identified as PIN 26638-0061 (LT) and PIN 26638-0062 (LT). The first parcel, which is on the northwest side of Victoria Street, was acquired by a Deed registered on April 1 O, 1889 from Catharine Bickell et al. to The Bowmanville Public School Board. The second parcel, which is on the southeast side of Victoria Street, was originally acquired by The Corporation of the Town of Bowmanville in 1946. It is obvious that these lands were acquired by the municipality for the purposes of constructing the present school building in 1949. In my experience, prior to the creation of regional school boards, it was common for municipal corporations to acquire and hold title to properties used for school purposes on behalf of the local school board. Title to a large portion of the school site remained registered in the name of the Town until 1984, when a survey of a portion of the school site revealed that the registered owners were a Mr. Wilcox and the Town. Brooks, Harrison, Mann & Associates, the solicitors for the Board, arranged for the registration of a Quit Claim Deed from the estate of Gordon MIiton Wilcox to The Northumberland and Newcastle Board of Education, the successor of the Bowmanville Public 332 Aylm er St. N., P.O . Box 1146 Peterborough, ON K9J 7H4 T: 705.742.1674 F: 705.742.4677 II E: info@llf.ca ww w.llf.ca '.' -2- School Board. In addition, Brooks, Harrison, Mann & Associates arranged for registration of a Deed for what was thought to be the balance of the site from The Corporation of the Town of Newcastle (the successor of the Town of Bowmanville) in favour of The Northumberland and Newcastle Board of Education. The consideration on the Deed was $2.00 and it recites that "a school has been situate on the subject property for many years". The by-law authorizing the conveyance, By-Law 84-117, refers to the transfer as a correcting Deed, which implies that the lands were acquired for the purposes of a school site and it was intended that the school board was to be the registered owner of the lands. A copy of the By-Law is enclosed for your reference. I am enclosing for your reference the reporting letter from Brooks Harrison to the Board along with the deeds referred to therein. It is clear from the reporting letter that it was intended that title to the entire school site was to be transferred to the Board. Unfortunately, a survey of the entire site was not completed and, by inadvertence, the portion of the school site which was comprised of Victoria Street was not conveyed to the Board. There could be no reason why the municipality would have treated Victoria Street any differently than the balance of the site, especially given that the actual school building was situate on Victoria Street since 1949. In light of the foregoing circumstances, on behalf of our client we wish to request that The Corporation of the Municipality of Clarington prepare a by-law to stop up and close that portion of Victoria Street lying between Ontario Street and Duke Street which forms part of the school site, and authorize execution and delivery of a conveyance of such lands to KPR for nominal consideration. I would be grateful if you could attend to this matter at your earliest convenience as the Board's sale to CSV will be conditional upon obtaining title to Victoria Street. If you would like to discuss this matter, please do not hesitate contact me. Yours very truly, PL:sc Encls. l'l"I U) • .-1 0 I z g ~ 9 z ....I w C, ::;E ....I J: u < ~ < Based on survey by Ivan B. Wallace dated 19th De ce mber 199 7 / / AREA= 0.041 +/-ACRES -: L O T 3 L O T 8 I '· i / VICTORIA STREET ; !! VIClORIA 0 STRffT I v, um I ,· o (l)1ii '-'.1~ .. w ... 1111 .. 1 ·: .. ----- ..._ ~- - ~ ' i w w - - w -- . - .. '-' .... - .. ·_ - - 1111 ~ - - ~- - - - _, II a: "' -_ . . -- - - .. a: J ... ~ir • • ... .. -. - ' ·- - -- l!.:~ir ·1·, - ... - --- ---- ~ .. 1111 w I:-.:_. - a: z I 1111 ~ - ·-. ~~ -e ::, LOT 2 .. :z: LOT 9 - . - - - z 0 !. :fi,), \;'l"£:1Q)'/,!,,f;:f L,.•,;11r,')'.':' _: ' . - __ - _ LOT 1· - - - - - - ·- I ~®ti~~J&llgh~_J§ L O T 4 - - -- - -- . •~,,am 172 - O ntario Street S ite Plan AREA= 0.03 +/-ACRES Attachment No. 3 to LGL-004-16 o::!' 0 z 1- z UJ ~ J: u g c:( / $11 (11»4 ) LOT v 8(1~) .. !"'"'' 'r,·,- !.1./ I • /'\I" L 1..1 1 PART Of V!CTORIASTREET 1610.7 Hf6 14'J0"£4'Z & ID 97,62 VICTORIA STREET (NOT lR Al,,fl L.£0) ~'? PART 1 ~ PIN 266 38 -01 15 u~'f £17.$.2 _ .. N~ia-JO"E ~·ID ! 100.~2" 'r ,·r- i , /'\'r L1...1 I L,.1 I ". PIH ! 26838-0062 ! i ~ i '\7 ":io~ i i _. r)CV- i \j\.-' i i i @•(fOM) LOT 2 Sl8 (fl~) LOT 3 PART 1 PLAN 40R -iB56 crw,irs Pl.AH AU. Of 26638-0115 . PART 2. S1JB£CT TO A EASEMENT AS JN INST. No.. N160121. PLAN OF SURVEY OF PART OF VICTORIA STREET JOHN GRANT'S PLAN MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 01.2i .. 11 10 SCALE 1 : 300 M£tRES IVAN B. W>,1.LA CE O.LS. LTD. ~GENO dfflot .. SurYe y Monumont found den!)tcs Survey Monument Se t den o,lfl Sh ort Stcndor d Iron Bar d•notes Stondord Iron Sor denotes tron Sor den otn Cl.It oeee .. a SSl8 SB 18 cc 'MT denotes Wi~~s M donotos Measured P1 den otes Pion 1CR -JS 70 P2 denotes Pion of Survey by Ivon B. Walloce 0.L.S. Ltd .• deted Oec .-n ber' 19th, 1997. (5-2690) \106 denotes M.O. Brown, O.t..S. 1188 4fflotes C.A. Sexton, O.L.S. 1056 denotes llr'fln B. Wall<u:e 0.l..$. Ltd. BEARING NOlES Bearings oro UTM Grid, deri ved from observed referen ce point, A ond B. by Reol Time Notworic obserwtlons. UTM Zone 17. NAD83{. CSR $){ 199 7), For b'f!Onng eom!)(ll'\sons. the fol\awlng rotations were applied: P1,P2 - 1"35 '10~ eov nter-eloek wls e DISTANCE NOlES - ME1RI C O!st<l!\«& oM coord!rlalos are In mwes and eon be eonwrted to feet by dividing by 0 . .3048. Distances ore ground and eon be converted to grid b:,' multlplying by the combined scale factor of 1.00001a SU RVE YOR 'S CER TIFICA 1E I CElITF)' 1H.\T: 1. This survey Ofld pion Qfe correct ond ln aec«dance '#ith the Surve)'3 Act, the Survo)'Or'S: Act, the Land Titles Act ond the reg.Jlotlons mode under them. 2. The S1Jrvey wc:is completed on August tztn. 2016. September 1, 2016 Dot• Crystc:il Crc.nch, 0.LS. Qb...-..d...,.._po\nUd..w.41romCf'SOONl"'Gtk>n•,nfn,(loR.,;,ITWlo N•t-1,on d-re f...-.d to Ul!,IZ.....1?(81'w .. tlon4,l tudll} KAOSJ(CSRS)(ti;197). IV AN B. WALlACE ON'XARIOu.NDSURVSYORLTD. -- ,,. . 71 JI-. Court, Unit f, 80"'!7on.ii._ O,!i,rlo, llC 4H ' ' p;*-.~~ J t: 505.&23.0tll2 I l.800.Cl6'7.0SH l>ollffl«l ...... _)Q"S,-1 DWG NAM£:. S-11&14-RPU.N OKol.Mf ~ ~ Pl.O T DATE: tanw 1 20111 Attachment No. 4 to LGL-004-16 cL.~flLt;; " ~al -~ THE CONSUMERS GA;..,C;;;;NY II !i • ! ::".:c:':..""'..... I .... 90·7460 NELSON STREET '""'' C.A. SEXT<* LIMITED • afTARIO LAN) SIJIVEYORS --------~========================================ala"a.:"""'~=SlllttT~a.: ...... ~~ .. ~ ... ~=-~"~'a1a'"'===-=:aa'===I ALBE:RT STREET I- LL/ LL/ 0:: 1-- sr: "' ff '2~ <::)" f-- 0 _.J i ~· oi::! "· ,r; f-- 3 jl s e ii ~ I' - f- 0 __J ! ~i N f-- 0 I __J .. IIO G l (Y) 0 __J ::0 N4rod E !Pl VICTORIA STREET NOT OPEii I NOT CLOSED BY BY-LAW OR CONVEYED I N4'roO'ECPI f-- 3 PART 2-~ 1- w W- O: :z I- :3 (/) c.. 1-- z « °" . .,, ---; Cl w 0 Bi -:J 0:: ~ <( t;; I- w z: './J o.:: ~=~'."- PLAN IOR- 3to7o l(C(MI) a, IIPOSmD ,.,, fflu,~'l.S~f1'f0 CM .. ~- C.A. SEXTON <lll.CnlL.1111 ........ saow: PART DESCRJPTIO~ ""' IIIST,t.. AREA ' ;:·::::;:;,"::a JOHN GRANT'S ,.,,, 120.61111 ' 119174 /M111t ' l'l:~Sll!CT PLAN 49_5 .. z PLAN OF SIIR'IEY OF PART OF TOWN LOTS 6 a 7, BLOCK 14 PART OF TOWN LOTS 8,9 a 10, BLOCK 17 PART OF VICTORIA STREET ACCORDING TO JOHN GRANT'S PLAN OF PART OF LOT 11 IN THE FIRST CONCESSION IN THE FORMER TOWN OF B.OWMANVILLE NOW 1N mE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY or DURHAM C. A. SEXTON , O.L.S. 1990 Scale I: 500 BfARUiGS ARE ASTilONCNIC AND AJIE REfIRRED ltl THE SOOT'HWEST Lu.«T OF ONrARto Sl"R fET • H~ViWG A BU~/KG or H4Z°5Z'o:r"lf, IN AttOROAllCE WITH Pl.AN IO!rl686, a SllMY MO!U(lfl FOi.iil 0 &.RVtY MONMJlT SET 518 ST.wJA/ID IRON BAR IB Bl/l BAR IT illlll TUI£ WIT IITIESS P JOHN GRANT'S PLAN ac, BROWN a COGG AN • O.LS SIJIVEY OR'S calTIFICA TE tCfll'IF'fllllT r. tllS SIM'f • f'UI 11(£ OCIR CJ All! Ill ~ l1Ttt bC SIIM)S ,er .lilO Tl£ R£9Sll1 1CJ ND Tl£ Jlt8ll.11DG II.KIE. Mllllait z, 11£ U\'tY "'5 CQS\,fflD OH n£ 1611 Dt.Y Of MAIL, IHO. )> =t )> (') :c r- s G) m r- 2 I -I 0 0 2 -1:> 9 I I-" en 111 Attachment No. 4 to LGL-005-16 ATTACHMENT NO. 6 LGL-004-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2016-XXX Being a by-law to close and authorize the transfer part of the original road allowance Victoria Street, Plan Grant, Bowmanville, between Duke Street and Ontario Street, being Part 1 on 40R-29342, Municipality of Clarington WHEREAS the Council of The Corporation of the Municipality of Clarington deems it desirable to pass this by-law. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1. That portion of the original road allowance known as Victoria Street, Plan Grant, Bowmanville, between Duke Street and Ontario Street, being Part 1 on 40R- 29342, Municipality of Clarington, is hereby closed. 2. Part 1 on Plan 40R-29342 shall be conveyed to Kawartha Pine Ridge District School Board. 3. That the Municipal Solicitor be directed to take all necessary steps to complete the transaction. BY-LAW passed this11th day of October, 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk