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HomeMy WebLinkAboutCAO 04-08 Citlf o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CAO 04-08 Date: May 12, 200~, I From: Thomas J. Quinn Chief Administrative Officer Subject: Acquisition and Disposal of Land Interests . Amendments to Policy ADM 130 File: L-4610-001-08 01 Recommendations: 1. THAT Report CAO 04-08 of the Chief Administrative Officer be received; and 2. Policy ADM 130 (Acquisition and Disposal of Land) be amended as set out in Attachment NO.2. Executive Summary: As part of the City's continuing efforts to improve service delivery, staff are recommending changes to Policy ADM 130 to simplify and expedite approvals for routine land transactions. Financial Implications: If the recommendation is adopted, there will be significant savings in terms of staff time. Sustainability Implications: This report does not contain any sustainability implications. Background: The City routinely receives requests from both public and private entities for permission to enter onto and use City property. Some requests are for temporary access (e.g. to facilitate construction) and others are for permanent access (e.g. to install underground services). Typically, the requests pose no risks or burdens to the City, but can offer significant benefits (e.g. facilitation of the construction of needed public infrastructure or desirable private development). Any risks to the City can be covered off in agreements with the party requesting the conveyance of the land interest. The form of the Report CAO 04-08 May 12, 2008 SubjE3ct: Amendments to Policy ADM 130 Page 2 j ,,-< v ,~ agreement (i.e. encroachment agreement, temporary working easement, permanent access easement, lease or license) depends upon the nature of the request. Policy ADM 130 (ACQUISITION AND DISPOSAL OF LAND POLICY) provides a comprehensive set of procedures that must be followed when the City is considering acquiring or disposing of a "fee simple" interest in land (i.e. absolute ownership). The Policy does not deal with land interests other than fee simple interests. In other words, it does not set out policies respecting leases, licenses, encroachments, easements or rights-of-way. The practice has been to go to Council to seek approval for each and every agreement dealing with such interests. In order to make the process more efficient, it is recommended that responsibility for the acquisition or disposition of certain types of land interests be delegated to the Chief Administrative Officer or his designate. The specific recommendation is that approval authority for the following types of land transactions be delegated: a) temporary and permanent easements and rights-of-way. b) encroachment agreements. c) leases and licenses. d) the acquisition or disposal of land required for public infrastructure. Any delegation should be subject to the following conditions: a) the consideration paid or received for any land or any interest in land acquired or disposed of cannot exceed $5,000; b) no other City interests will be adversely affected by the proposed acquisition or disposal; c) for all disposals, the party acquiring the interest must pay all transaction costs and all fees in accordance with the City's approved fees by-law, and enter into an agreement that is acceptable to the City Solicitor. The recommended approach is consistent with recent amendments to the Municipal Act, 2001 that encourage stream-lining the delivery of municipal services. The specific wording of proposed amendments to Policy ADM 130 is set out In Attachment NO.2 to this report. Report CAO 04-08 May 12, 2008 Subject: Amendments to Policy ADM 130 Page 3 Attachments: 1. City Policy ADM 130 (ACQUISITION AND DISPOSAL OF LAND POLICY). 2. Proposed Amendments to Policy ADM 130. Prepared By: Approved/Endorsed By: /{~LL,.~ Andrew C. Allison City Solicitor Th mas J. Quinn Chief Administrative Officer ACAks Copy: Directors City Clerk Division Head, Municipal Property & Engineering Chief Building Official Coordinator, City Development Recommended for the consideration of Pickering Cjty Council // ~I .// ATTACHMENT # 1 TO REPORT CAO 04-08 1 of 23 CITY POLICY/PROCEDURE , II t Approval: Date Originated: Policy Number: February 21,2005 Classification: ADM Reference: Date Revised: Category: 130 By-law No. 6487/05 Subject: 001/001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY POLICY STATEMENT: The Corporation of the City of Pickering will apply fairness and accountability when acquiring and disposing of land in accordance with applicable legislation, this policy and the principles of effective business practices. POLICY OBJECTIVE: The objective of this policy is to: 1. Acquire and dispose of land in accordance with the principles stated above. 2. Acquire land only in support of municipal requirements and in consideration of a professional appraisal, where applicable. 3. Dispose of land at full market value, or equivalent consideration. 4. Ensure that the negotiating process for acquiring or disposing of land is fair and carried out in the best interest of the public. 5. Ensure that Council is advised and consulted about all City land acquisitions and disposals by the CAO or designate. GOVERNING LEGISLATION: Section 268 of the Municipal Act, 2001 sets out the City's obligations relating to the disposal of land and required public notice. These obligations include the passing of a By-law establishing land disposal procedures and the maintaining of a public register identifying certain lands owned by the City. Other legislation governing the acquisition and disposal of land includes, but is not limited to, the Expropriations Act, the Environmental Assessment Act and the Planning Act and City By-law 6166/03, as amended, which governs the public notice requirements relating to the acquisition or disposal of land. Page 1 of 1 ATTAGHMENT# 1 TO REPORT GAO 04-08 2 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY GENERAL: 01 Definitions: These definitions are intended to be used for the purpose of this policy/procedure. 01.01 Appraisal - An estimate of the current market value of land, presented in writing by a professional appraiser qualified under the designation Accredited Appraiser Canadian Institute (AACI). An Appraisal is required in all circumstances except: · If the acquisition of land is gratuitous pursuant to the development process. · Land 0.3 metres or less in width acquired in connection with approvals or decisions under the Planning Act. · Easements granted to public utilities, telephone companies or pursuant to development process. · Land sold under the Municipal Tax Sales Act. · Closed highways, roads and road allowances if sold to an abutting landowner. · Land formerly used for railway lines if sold to an abutting landowner; · Land that does not have direct access to a highway if sold to an abutting landowner. · Land repurchased by an owner in accordance with section 42 of the Expropriations Act. · Land to be used for sites for the establishment of carrying on of industries and of industrial operations and incidental uses. · Land sold pursuant to sections 107 to 110, inclusive, of the Municipal Act. Page 1 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 3 of 23 CITY POLICY/PROCEDURE h Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY Notwithstanding the above-noted exemptions, the CAO may seek an appraisal on lands deemed to be exempt by the Municipal Act where it is appropriate in order to determine fair market value. 01.02 . Acquisition - To acquire certain lands into one's ownership, In fee simple. 01.03 Disposal - To dispose of certain lands from one's "fee simple" ownership. 01.04 Expropriation - The taking of land without the consent of the owner. 01.05 Fee Simple - Absolute form of ownership. Possessing registered title to land and having the jurisdiction to dispose of it. 01.06 Easement - A right or restriction attached to the title of land. 01.07 Public Hiqhwavs I Road Allowances - The following are highways unless they have been previously closed: . All highways that existed on December 31,2002. . All highways established by By-law of a municipality on or after January 1, 2003. . All highways transferred to a municipality under the Public Transportation and Highway Improvement Act. . All road allowances made by the Crown surveyors that are located in municipalities. . All road allowance$, highways, streets and lanes shown on a registered plan of subdivision. 01.08 Purchaser - The City, any individual, or company who enters into an agreement to acquire land. Page 2 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 4 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 01.09 Reference Plan - A plan that is prepared by an Ontario Land Surveyor which pictorially details the dimensions of a parcel of land or easement and which provides a legal description for registration purposes. 01.10 Surplus Land - Land which is no longer required by the municipality and which has been declared surplus through By-law or Resolution passed at a meeting of Council. Surplus Land may include buildings. 01.11 Vendor - The City, any individual or company who enters into an agreement to sell land. 02 Provisions: 02.01 02.02 02.03 02.04 This policy is limited to the acquisition and disposal of land not otherwise governed by the land development process as specifically described herein and is not applicable to the procurement and sale of any other goods, services or assets. Land shall be acquired free of encumbrances, except for any easements required by provincial or federal governments or their assigned agencies, the Region of Durham (hereinafter referred to as the "Region"), a public utility, a conservation authority or other public body. In the event that a provision within this policy is inconsistent with any Act or regulation that applies to the acquisition or disposal of land by the municipality, the Act or regulation shall take precedence over the provisions of this policy to the extent necessary to comply with the law. Where such a contradiction is determined, this Policy shall be amended as required. This policy shall not apply when land is being acquired from, or sold to, the following classes of public bodies: (a) A municipality, including a metropolitan or regional municipality. (b) A local board as defined in the Municipal Affairs Act. Page 3 of 22 ,! t. ATTACHMENT # 1 TO REPORT CAO 04-08 5 of 23 u CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (c) An authority under the Conservation Authorities Act. (d) The Crown in Right of Ontario or of Canada and their agencies. 02.05 Deviations to this policy may be authorized by the Chief Administrative Officer so long as such deviations relate only to a procedural matter which does not substantially affect the policy or its intent, as approved by Council, and are not contrary to any applicable legislation. 03 Responsibilities: 03.01 Council to: (a) Approve and actively support this policy. (b) By By-law or Resolution, in the case of the acquisition of land: (i) Approve the acquisition of the land for municipal purposes. (ii) Approve, in principle, the recommended terms and conditions of the acquisition. (iii) Authorize the execution of the appropriate documentation by the Mayor and City Clerk for the acquisition. (c) By By-law or Resolution, in the case of the disposal of land: (i) Declare the land surplus to the needs of the municipality for the purpose of sale. (ii) Approve, in principle, the recommended terms and conditions of disposal. (iii) Approve the recommended method of disposal. (iv) Authorize the execution of the appropriate documentation by the Mayor and City Clerk to effect the disposal. (d) Authorize that the Chief Administrative Officer approve the final terms and conditions of any acquisition or disposal, provided they Page 4 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 6 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: . ACQUISITION AND DISPOSAL OF LAND POLICY are consistent with legislation and the governing principles stated herein. 03.02 Chief Administrative Officer (CAO), or desiqnate, to: (a) Actively support this policy. (b) Identify land which is no longer required by the municipality or, is necessary to be acquired for municipal purposes. (c) Receive requests from City staff, outside agencies or private individuals concerning the possible acquisition or disposal of land. (d) Consider proposals for the acquisition or disposal of land and determine, in consultation with public agencies and City Department Heads, the general terms and conditions of the acquisition or disposal. (e) Obtain an appraisal, where prescribed, of land being acquired or disposed of. (f) If required, requisition the preparation of a reference plan of the land being acquired or disposed of. (g) If there is any reason to believe that the land being acquired or disposed of may be contaminated, the CAO shall acquire or requisition an assessment of the land by a qualified person. (h) Advise Council at a "closed" meeting of Council, of City staff's intent to recommend that certain lands be acquired or disposed of, seeking general consensus from Council and where appropriate, direction by Resolution to proceed with the matter. Page 5 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 7 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (i) Authorize, in writing, the Coordinator, Property & Development Services to proceed, or not to proceed with the acquisition or disposal of land outlining therein any specified terms or conditions determined by senior management and Council. Copy written direction to all Directors. U) Negotiate, if required, and approve the final terms and conditions of such acquisitions or disposal of land in accordance with this policy. 03.03 Solicitor actinq for the City to: (a) Actively support the policy and ensure its continued compliance with governing legislation. (b) Provide legal guidance and direction to Council, the CAO and City staff in order to ensure compliance with the interpretation of applicable legislation and this policy, ensuring the legal interests of the City are protected. (c) Update Council and the CAO, where required, and City staff of all legal and legislative changes respecting the acquisition and sale of municipal lands. (d) Approve the legal form of all documents required to carry out the requirements of this policy. (e) In the event land is to be acquired through expropriation, prepare all appropriate documentation, including Reports, By-laws or Resolutions for Council that are necessary to seek authorization to expropriate the lands required by the City. (f) Attend hearings, if required, dealing with expropriation matters. Page 6 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 8 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (g) Obtain, prepare and distribute all documentation necessary to carry out the expropriation. (h) Provide the Coordinator, Property & Development Services with all documentation and details necessary to effect the final conveyance of expropriated lands to the City. 03.04 Coordinator. Property & Development Services to: (a) Coordinate and complete the acquisition or disposal of land in accordance with applicable legislation, this policy and any terms and/or conditions prescribed by the CAO, consulting with the Solicitor, as required. (b) Prepare Reports to Council and By-laws and/or Resolutions to secure Council's authorization to proceed with the acquisition or disposal of land. (c) Prepare, in consultation with the Solicitor acting for the City, Agreements of Purchase and Sale, when required, and attend to their execution. (d) If land being disposed of, prepare all appropriate public notices in accordance with this policy and the Public Notification Policy. (e) If land being disposed of has been designated as a road allowance, effect all steps required by section 10 herein. (f) If land is being disposed of, ensure all required easements are obtained for the City and Region prior to disposal. (g) In the event land is being dispos.ed of by way of inviting "Offers to Purchase", prepare and forward the Offer to Purchase packages to the Manager, Supply & Services for distribution, which packages should include: Page 7 of 22 L ATTACHMENT # 1 TO REPORT CAO 04-08 9 of 23 11 .. CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (i) Two (2) copies of the Agreement of Purchase and Sale. (ii) Terms of Reference, which among other things shall set out the date the Offer to Purchase packages will be opened by City staff and the various offers recorded (the "opening") and minimum offer requirement. (iii) Copy of the reference plan outlining the subject lands. (iv) Location mapping of the lands. (v) Indemnification Agreement (If land being disposed of was previously a road). (h) Attend the opening. (i) Review offers to determine, in consultation with the CAO or designate, the successful purchaser. (j) Contact the successful purchaser and obtain all relevant information required to continue with the disposal process as well as the unsuccessful individuals who submitted offers to inform them accordingly. (k) Advise the Manager, Supply & Services, in writing, as to who has been accepted as successful purchaser and the scheduled closing date. Copy Directors. (I) Prepare all closing documentation respecting acquisition or disposal of lands in accordance with section 12 herein. Page 8 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 10 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 03.05 Manaqer, Supply & Services: When it is determined that the method to dispose of City-owned lands will be done by inviting Offers to Purchase, the Manager, Supply & Services, or a designate, shall: (a) Prepare a notice, in accordance with the Public Notification Policy, advising that certain City-owned land has been declared surplus and the City is inviting the submission of Offers to Purchase from the public. (b) Distribute Offer to Purchase packages to interested parties, which packages will be prepared and provided by the Coordinator, Property & Development Services. (c) Accept Offer to Purchase packages and hold until the date scheduled for the opening. (d) Attend the opening and record all pertinent information respecting offers. (e) Summarize all offers and forward listing to the Coordinator, Property & Development Services along with submitted Agreements of Purchase and Sale and cheque deposits. Page 9 of 22 ! t' ATTACHMENT # 1 TO REPORT CAO 04-08 11 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY LAND ACQUISITION: 04 Pre-Consultation: 04.01 The CAO, or his designate, shall consider and/or evaluate all requests concerning the possible acquisition of land for municipal purposes. 04.02 The CAO, or his designate, shall prepare documentation for circulation to internal staff seeking information, concerns or concensus for acquisition of land. In the event the concensus is favourable, the CAO, or his designate, may, (a) Obtain an appraisal of the lands. (b) Obtain a reference plan, if required. 04.03 If there is any reason to believe that the lands considered for acquisition may be contaminated, the CAO shall obtain an assessment, by a qualified person, to determine whether the condition of the land conforms with the environmental standards required for the proposed land use. 04.04 Where a determination is made to acquire land for municipal purposes, the CAO shall forward a direction to proceed with such acquisition to the Coordinator, Property & Development Services, which shall include: (a) A description of the land. (b) The purpose of the acquisition. (c) Any specific terms and conditions of the acquisition. (d) A copy of the appraisal and if required, a reference plan. (e) The account or project number all administration costs should be charged to. (f) Pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. Page 10 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 12 of 23 CITY POLICY/PROCEDURE f l-.", .,,1 Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 05 Report to Council: 05.01 Following direction from the CAO to acquire specified land, the Coordinator, Property & Development Services, will prepare a Confidential** Report to Council which may contain the following information: ** If acquisition is for 'nominal consideration' Report to Council does not need to be Confidential ** (a) A recommendation that a By-law or Resolution be passed to acquire certain lands for use by the corporation. (b) The legal description and municipal address (where available) of the land required for municipal purposes. (c) General comments respecting why the land is required by the corporation. (d) General financial implications of the purchase, including the purchase price, associated legal costs, costs relating to the preparation of the appraisal and reference plan and closing costs. (e) Site sketch and/or location mapping. (f) Staff's comments. (g) Other terms and conditions that may be relevant to the acquisition and the anticipated closing date. Page 11 of 22 i I I ~ , ATTACHMENT # 1 TO REPORT CAO 04-08 13 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 06 Neqotiatinq and Completinq Purchase: 06.01 06.02 06.03 06.04 06.05 06.06 07 Expropriation: Following receipt of Council's authorization by By-law or Resolution, the Coordinator, Property & Development Services will proceed with the land acquisition based on the terms specified by the CAO and set out in the Report. If the negotiation and completion of a purchase cannot be concluded within the terms specified, the Coordinator, Property & Development Services will report the details to the CAO, who will make a determination on the matter. Following completion of negotiation, the Coordinator, Property & Development Services will arrange a mutually agreeable closing date with the vendor and attend to the preparation and execution of all the applicable legal documentation (see section 12.01) to effect the conveyance. Coordinator, Property & Development Services will undertake the closing of the acquisition in accordance with section 12.01. Coordinator, Property & Development Services will ensure all applicable internal staff are made aware of closing details. Coordinator, Property & Development Services will attend to the updating of the City's property register and forward location mapping of new acquired property to the Director, Operations & Emergency Services and City Clerk for inclusion into their copies of the property register. 07.01 Section 6(1) of the Municipal Act, 2001, authorizes a municipal Council to acquire land for municipal purposes through expropriation in accordance with the Expropriations Act. Page 12 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 14 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 07.02 The City will make every reasonable attempt to acquire land through negotiation. In the event that all reasonable negotiation efforts are exhausted, the CAG may initiate the process to acquire such land necessary for municipal purposes through expropriation. 07.03 Following direction from the CAG to initiate the process to acquire land through the expropriation process, the Solicitor acting for the City will prepare a Confidential Report to Council seeking authority, by By-law or Resolution, to acquire such land via the expropriation process. This Report may include the following information: (a) A recommendation that a By-law or Resolution be passed authorizing the Solicitor acting for the City to initiate the process to expropriate the land required for municipal purposes in accordance with the Expropriations Act and other applicable legislation. (b) The legal description and municipal address (where available) of the land being expropriated for municipal purposes. (c) Site sketch and/or location mapping. (d) The proposed use of the land. (e) Staff's comments. (f) Information relating to the appraised value of the land and associated expropriation costs. (g) Summary of the negotiation process to date. (h) Information about the expropriation process and the anticipated costs that the corporation may incur to successfully expropriate the land required for municipal purposes. Page 13 of 22 t, t\ ATTACHMENT # 1 TO REPORT CAO 04-08 15 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policv Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 07.04 07.05 07.06 07.07 Following authorization by Council, the Solicitor acting for the City will attend to the preparation, coordination and circulation of all the necessary legal documentation to effect the expropriation in accordance with applicable law. Once all matters respecting the expropriation of a property have been completed, the Solicitor acting for the City will provide the Coordinator, Property & Development Services with written details and instructions as to the closing terms and conditions of the property. Those instructions are to include, among others, the name and phone number of the owner's solicitor, the price to be paid for the land and the scheduled date of closing. As well, the instruction should include the pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. Upon receipt of the necessary documentation and direction from the Solicitor acting for the City, the Coordinator, Property & Development Services will attend to the registration of the expropriated lands and will advise Council, the CAO, Department Heads and City Clerk about the particulars of the acquisition. Coordinator, Property & Development Services will attend to. the updating of the City's property register. DISPOSAL OF LAND: 08 Pre-Consultation: 08.01 The CAO, or his designate, shall consider and/or evaluate all requests respecting the possible disposal of land from the corporation's land inventory, considering any interest expressed by any public agencies. Page 14 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 16 of 23 CITY POLICY/PROCEDURE I ' Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 08.02 Following a determination, in consultation with the Department Heads that certain lands are no longer required for municipal purposes and may be offered for disposal, the CAO will: (a) Consult with Council at a "closed" meeting in order to obtain general endorsement to proceed with the disposal of lands in accordance with this policy; or where determined appropriate, pass a Resolution to proceed with the disposal. (b) Obtain an appraisal of the lands. (c) If required, obtain a reference plan. 08.03 If there is any reason to believe that the lands being disposed of may be contaminated, the CAD shall acquire or requisition an assessment of the condition of the land by a qualified person. 08.04 Where a final determination is made to proceed with the disposal of municipal land, the CAD shall forward written direction to the Coordinator, Property & Development Services, to bring forward the appropriate documentation to declare the land surplus to the needs of the City, which direction shall include: (a) A description of the land, roll number, municipal address. (b) The recommended method of disposition, either by conveyance to a specific party, by inviting offers or by open public sale. (c) All relevant terms and conditions of disposal, including, but not limited to, the asking price, a copy of any prepared reference plan. (d) Pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. Page 15 of 22 I;~ ATTACHMENT # 1 TO REPORT CAO 04-08 17 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 09 Report to Council and Notice Requirements 09.01 Following direction from the CAO to proceed with the disposal of land, in accordance with this policy, the Coordinator, Property & Development Services, will prepare a Report to Council, if required, which may contain the following information: (a) A recommendation that a By-law or Resolution be passed, declaring the lands surplus to the needs of the corporation for the purpose of sale. (b) The legal description and municipal address (where available) of the land being disposed of. (c) General comments respecting why the land is no longer required by the City. (d) General financial implications of the sale; including the costs associated with legal requirements, the preparation of a reference plan, if required and closing costs. (e) Site sketch and/or location mapping. (f) Staff's comments. (g) The method of disposal, being one of the following: (i) Disposal to a specific interested party, where applicable. (ii) By inviting Offers to Purchase, if negotiation with an interested party is not applicable or is unsuccessful. (iii) Through an open public sale, if no offers are received or no submitted offers are acceptable. Page 16 of 22 eilq 0# ATTACHMENT # 1 TO REPORT CAO 04-08 18 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (h) Other terms and conditions that may be relevant to the disposal, and the anticipated closing date. 09.02 Once lands have been formally declared surplus for the purpose of sale, Coordinator, Property & Development Services will prepare the appropriate public Notice advising that Council has deemed certain lands surplus to the corporation for the purpose of sale. Notice will differ depending on what method of disposal has been determined. The Notice must appear prior to finalizinq sale of lands. 10 Disposal of Lands Desiqnated as a Public Hiqhway: This procedure should be followed in all circumstances where there is any evidence that lands being disposed of have been traveled upon as a road or maintained as a road but not necessarily dedicated as a road. 10.01 If the land being disposed of has been designated as a traveled road allowance/public highway, the provisions of the Municipal Act governing road closures must be effected prior to the proceeding with the steps required by section 9 herein. 10.02 Where the land authorized for disposal has been designated as a traveled road allowance/public highway, the Coordinator, Property & Development Services shall: (a) Prepare all appropriate utility and agency notices advising of road closure and seeking agency interest for easements (plants to be removed or relocated). (b) Arrange for public notice to be given in accordance with the Municipal Act, 2001 and the City's Public Notification Policy. (c) Prepare a Report to Council and By-law seeking authorization to stop-up and close the road as a public highway, and declare surplus for the purpose of disposal. Page 17 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 19 of 23 1"', " ,. / ."W ....> CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (d) Attend to the registration of the dedicating By-law, if required, and Road Closing By-law prior to conveying lands into separate ownership. (e) Ensure that all regional or utility easements are registered on title prior to conveying the lands into separate ownership. 10.03 If the City requires an easement on the lands being sold, the Coordinator, Property & Development Services shall prepare the Transfer of Easement for the City and ensure that Acknowledgement and Direction is received from the purchaser acknowledging the City's requirement for the easement and an Undertaking is provided by the purchaser's solicitor indicating that, immediately following the registration of the Transfer of Land to the purchaser, the purchaser's solicitor will register the Transfer of Easement in favour of the CitY: 11 Neqotiatinq and Completinq the Sale: 11.01 . Conveyance to Specific Party (Individual or Corporation) If the land is being sold to a specific party, the Coordinator, Property & Development Services shall prepare the Agreement of Purchase and Sale, if applicable, under direction of the Solicitor acting for the City and in accordance with the terms specified by the CAO and established in the Council. Resolution or By-law, and make arrangements for the final conveyance of land. 11.02 If a satisfactory Agreement of Purchase & Sale or arrangement cannot be concluded with a specific individual/corporation within the terms specified, the Coordinator, Property & Development Services shall consult with the CAO prior to proceeding with the conveyance through any other means. Page 18 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 20 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 11.03 Conveyance bv Invitinq Offers to Purchase In the event that land is being sold by way of inviting Offers to Purchase, the Manager, Supply & Services will prepare a public notice advising of the City's intent to invite Offers to Purchase. Such notice shall be prepared and processed in accordance with the Public Notification Policy. Such notice should also be placed in the real estate section of the local newspaper (across Durham) at least once within the first week notice appears on community page. 11.04 Coordinator, Property & Development Services will prepare invitation packages and provide packages to Manager, Supply & Services for distribution. Packages will include: (a) Two (2) copies of the Agreement of Purchase and Sale. (b) Terms of reference for the disposal of the lands, which shall include a minimum offer requirement. (c) Copy of the reference plan outlining the subject lands. (d) Location mapping of the lands. (e) I ndemnification Agreement (If land being disposed of was previously a road). 11.05 Offers shall be received by the Manager, Supply & Services, recorded as to the date and time of receipt and shall be retained unopened, until the final date established for the receipt of offers. 11.06 A minimum of three (3) City staff, to include the City Clerk, Manager, Supply & Services and Coordinator, Property & Development Services, or their designates, shall attend at the offer opening. Any other interested party may also attend. Page 19 of 22 ,..-, /\ / ii. ATTACHMENT # 1 TO REPORT CAO 04-08 21 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY 11.07 11.08 11.09 11.10 11.11 11.12 The announcing of offer information shall be done by the City Clerk, or designate, as each package is opened and the recording of offer information shall be done by the Manager, Supply & Services, or designate, at the time each package is opened. Once all of the packages have all been opened, the Manager, Supply & Services, or designate, will provide a summary of the offers to the Coordinator, Property & Development Services. Following receipt of the summary of offers, the Coordinator, Property & Development Services, in consultation with the CAO, or designate, will determine a successful purchaser. Coordinator, Property & Development Services will contact the successful purchaser and obtain relevant information required to continue with the conveyance process. As well, the Coordinator, Property & Development Services will contact the unsuccessful individuals who submitted offers to inform that they were unsuccessful. In the event that no offers are received, or no offer is accepted by the City, the Coordinator, Property & Development Services may proceed with the conveyance of the surplus lands through disposal on the open public market. Disposal bv Open Public Sale If land is being conveyed by way of' an Open Public Sale, the Coordinator, Property & Development Services will arrange for the installation of a 'for sale' sign on the land and arrange for a notice of such sale to appear: (a) In the community page of the local newspaper, (b) In the real estate section of local newspaper for all of Durham Region, and Page 20 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 22 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY (c) On the City's website, until an offer is received or direction is given by the CAO to discontinue the attempt to dispose of the land. 11.13 Coordinator, Property & Development Services will receive all offers, advise the CAO, or designate, as to the particulars and upon concurrence of the CAO, or designate, of an acceptable offer, advise the successful individual/corporation that the City has accepted their offer, following which, the Coordinator, Property & Development Services will proceed to finalize the conveyance of land. Coordinator, Property & Development Services will arrange for the removal of the "for sale" sign. 12 Closinq the Transaction: 12.01 Prior to the final acquisition of land by the City or disposal of land by the City, the Coordinator, Property & Development Services will: (a) Attend to the preparation of all required legal documentation under the direction of the Solicitor acting for the City to effect the conveyance: Acquisition . Requisition Letter to Lawyer Requisition Letter to all Utilities, if applicable . Tax Certificate Request . Zoning Compliance Request . Undertaking to Close & Adjust . Bill of Sale . Warranty . Receive & Register Deed Disposal . Transfer of Deed . Transfer of Easement if required . Statement of Adjustments . Certificate of Clerk . Requisition Response Ltr. . Declaration . GST Information . Undertakings Page 21 of 22 ATTACHMENT # 1 TO REPORT CAO 04-08 23 of 23 CITY POLICY/PROCEDURE I Approval: Date Originated: Policv Number: ; Classification: ADM Reference: Date Revised: Category: 130 Subject: 001 Policy Title: ACQUISITION AND DISPOSAL OF LAND POLICY . Document Registration Agreement . Document Registration Agreement (b) Ar~ange a mutually agreeable closing date with the purchaser's solicitor. (c) In the case of an acquisition, requisition the funds from Corporate Services Department. (d) In the case of the disposal of City-owned lands, ensure that funds are received from the purchaser. (e) Coordinate the closing of the transaction. 12.02 For sale of surplus lands, the Coordinator, Property & Development Services will process closing cheque, coordinate all information relating to the costs incurred by the City to purchase or sell certain lands and prepare reporting memo to the Manager, Accounting Services, advising of closing particulars. (All pink receipt copies provided by CAO for costs associated with project that have been held at front of file will be attached to memo to the Manager, Accounting Services). 12.03 Coordinator, Property & Development Services will prepare final reporting memo (with copy of registered Transfer(s) to the City Clerk; Division Head, Municipal Property & Engineering; Supervisor, Development Control; Coordinator, Taxation Services; and copy memo to the CAO; all Department Heads; Manager, Development Review; Chief Building Official; Coordinator, Business Development Investment and Solicitor acting for the City). 12.04 Coordinator, Property & Development Services will either remove property page from City's property register relating to the property just sold, or add newly acquired property to City's property register and prepare memo to the City Clerk and Director, Operations & Emergency Services advising them to do the same. Page 22 of 22 ATTACHMENT # 2 TO REPORT CAO 04-08 1 of 1 ;' Policy ADM 130 (ACQUISITION AND DISPOSAL OF LAND POLICY) is amended to add the following sections: 02.06 Except as set out in section 02.07, the provisions of this policy are not intended to apply to the acquisition or disposal of the following types of interests in land: (a) temporary and permanent easements and rights-of-way. (b) encroachment agreements. (c) leases and licenses. 02.07 The Chief Administrative Officer or a designate shall have the authority to enter into agreements and sign all documentation necessary to acquire or dispose of (a) the fee simple interest any land required for public infrastructure purposes; or (b) any interest in land described in section 02.06, provided, (i) the consideration paid or received for the land or the interest in land acquired or disposed of does not exceed $5,000; (ii) no other City interests will be adversely affected by the proposed acquisition or disposal; and (iii) for all disposals, the party acquIring the interest shall pay all transaction costs and all fees in accordance with the City's approved fees by-law, and shall enter into an agreement that is acceptable to the City Solicitor.