Loading...
HomeMy WebLinkAbout18 022 Burnside Memorandum of Understanding By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT �'�IWI I, 4 i • Biu 1/• �CYPALITY Of K11, BY-LAW NO. 2018 - 022 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF MEMORANDUM OF UNDERSTANDING WITH THE ESTATE OF WILBERT FRANCIS BURNSIDE WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to • respond to municipal issues and a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality deems it advisable to enter into a Memorandum of Understanding with The Estate of Wilbert Francis Burnside; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a Memorandum of Understanding with The Estate of Wilbert Francis Burnside regarding a gift of land for the purpose of expanding and preserving the Kincardine hiking trail system, attached hereto as Schedule 'A'. 2. That the Mayor and Chief Administrative Officer be hereby authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the Memorandum of Understanding with The Estate of Wilbert Francis Burnside attached hereto as Schedule "A" and forming part of this By-law. 410 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Burnside Memorandum of Understanding By-law". READ a FIRST and SECOND TIME this 7th day of March, 2018. READ a THIRD TIME and FINALLY PASSED this 7th day of March, 2018.()111 "—'2' "Lti hhui.w.2i Mayor Clerk • This is Schedule "A."to By-Law Nc923I8-°passed the day of I IC_Y1 2018 MEMORANDUM OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter referred to as"the Municipality" and THE ESTATE OF WILBERT FRANCIS BURNSIDE Hereinafter referred to as the"Estate" WHEREAS Wilbert Francis Burnside is the registered owner of the property legally described as LOT 21 E/S VICTORIA ST,22 E/S VICTORIA ST,23 E/S VICTORIA ST PL KINCARDINE; PARKLT 9 W/S PARK ST, 10 W/S PARK ST PL KINCARDINE; PT PARKLT 11 W/S PARK ST PL KINCARDINE AS IN R315917; S/T R141569, R230674; KINCARDINE; being all of PIN 33313-0652 (LT) (the "Property") and consisting of approximately 15(fifteen)acres; AND WHEREAS the Municipality established a committee known as the Kincardine Trails Association ("KTA") to operate a recreational hiking trail system in the Municipality of Kincardine; AND WHEREAS the Municipality and Wilbert Burnside entered into a licence agreement dated January 1, 2011 (and automatically renewed annually) whereby the Municipality was permitted to use a portion of the Property as part of the recreational hiking trail system operated by the KTA; AND WHEREAS Wilbert Francis Burnside died on July 25,2016; AND WHEREAS the Estate has advised the Municipality that it was the wishes of Wilbert Francis Burnside to gift the entire Property to the Municipality for the purpose of expanding and preserving the Kincardine hiking trail system("the Donation"); AND WHEREAS Helen Burnside,the spouse of the deceased,consents to the Donation; NOW THEREFORE the parties hereby agree to the following: 1. The parties acknowledge and agree that the recitals herein are accurate and shall form part of this Memorandum of Understanding. 2. The Estate agrees to transfer the Property to the Municipality free from all charges, mortgages,liens and/or encumbrances, and hereby warrants that the Estate has good and marketable title to the Property and that all consents have been obtained and all debts of the Estate have been paid in full. Upon conveyance, the Municipality shall have acquired full and complete title to the Property. 3. No monies shall be exchanged for the Property but the Municipality agrees that it will issue a tax receipt to the Estate for the value of the Property in accordance with the Municipality's Charitable Donation Receipts Policy,Policy GG.2.4. adopted June 1, 2011 and any amendments thereto. The value of the Property for tax receipt purposes shall be based on fair market value of the Property, as per the Appraisal dated February 5,2018 by Sam Finnie Appraisals,a copy of which is attached as Schedule "A"hereto. The Municipality agrees,notwithstanding Policy GG.2.4,to pay the cost of the appraisal. 4. The Municipality agrees that it will use the Property to expand the existing hiking trails operated by the KTA in a manner consistent with the prior and customary use of such hiking trails. The extent of such expansion shall be determined in the sole and absolute discretion of the Municipality. 5. The parties acknowledge that any expansion of the hiking trail may also include the construction of accessory buildings/structures. 2 6. The Municipality shall erect signage, in a form, manner and location satisfactory to the Municipality in consultation with the Estate,informing the general public that the Property has been dedicated in the memory of Wilbert Francis Burnside and setting out a brief history of the Property.The Municipality shall erect such other signage as may be deemed necessary or appropriate by the Municipality in its sole and absolute discretion. 7. The parties acknowledge that the Municipality shall retain the Property for a minimum of twenty(20)years. 8. The Estate hereby warrants and represents that the Estate is not a non-resident of Canada for the purpose of the Income Tax Act, R.S.C.1985, c. 1 (5th Supp.). The Estate will pay for all outstanding taxes prior to transferring the Property. 9. The Donation shall be made, and the conveyance in title to the Municipality shall occur, on such date as agreed upon by the parties in writing, but no later than April 30,2018. 10.This Memorandum of Understanding is conditional on a Bylaw being passed by Kincardine Council authorizing the acceptance of the Donation on the terms and conditions contained herein; failing which this Memorandum of Understanding shall be null and void. 11.This Memorandum of Understanding may be executed in two or more counterparts, by facsimile or email, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party,it being understood that all parties need not sign the same counterpart. 12.The Municipality shall authorize the Chief Administrative Officer and the Mayor to sign any documents necessary to effect the transfer of the Property. 13.The Municipal Solicitor shall register the necessary documents to execute the transfer of the Property in the Bruce County Land Registry Office.The Municipality agrees to pay for all reasonable legal costs and disbursements associated with preparing this Memorandum of Understanding and registering the transfer of the Property to the Municipality in the Bruce County Land Registry Office. 14.This Memorandum of Understanding is binding on the parties,their heirs,successors and assigns. IN WITNESS THEREOF the Parties hereto affix their signatures. Dated this day of February,2018. THE CORPORATION OF THE MUNICIPALITY 0 NCARDINE nne .I -Mayo on Chambers-Chief Administrative Officer We have the authority to bind the Corporation. Dated this day of February,2018. THE ESTATE OF WILBERT FRANCIS BURNSIDE Per: Y- Helen Burnside,Estate Trustee Helen Burnside,as Consenting Spouse NO. 2018 - 022 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF MEMORANDUM OF UNDERSTANDING WITH THE ESTATE OF WILBERT FRANCIS BURNSIDE MEMORANDUM OF UNDERSTANDING BETWEEN : THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter referred to as "the Municipality" and THE ESTATE OF WILBERT FRANCIS BURNSIDE Hereinafter referred to as the "Estate" Note : Sam Finnie Appraisal dated February 5, 2018 is Schedule "A" of Memorandum of Understanding to By-law 2018 — 022 passed the 7th day of March 2018. Sam Finnie Appraisals 330 Durham Market Square South Kincardine, Ontario N2Z 2A2 February 5, 2018 Municipality Of Kincardine c/o Sharon Chambers R. R. # 5 Kincardine, Ontario N2Z 2X6 Dear Ms. Chambers: Re: An Appraisal of property being donated to the Municipality of Kincardine by Helen Burnside Located on the east side of Highway 21 directly east of Russell Street Municipality of Kincardine, County Of Bruce Note - GeoWarehouse shows the properties ownership in the name of Wilbert Francis Burnside (Died July 25, 2016) As outlined in your request and in accordance with your instructions and from the information received from the Municipality of Kincardine's office, I have inspected the above noted property and have investigated the relative factors for the purpose of completing a Current Market Value Appraisal for the site. For this purpose, I have tried to ascertain the Fair Market Value of the property. Fair Market Value is defined as being the amount that the property might be expected to realize if sold on the open market, by a willing and knowledgeable seller to a willing and prudent buyer being fully aware of all the "uses" to which the property can be put. The subject property being evaluated is comprised of 5 separate parcels each with their own roll number but all under 1 active PIN number 333130652. The properties combined legal description is Lots 21, 22 & 23 E/S Victoria Street, Plan Kincardine; Parklots 9, 10 & Part 11 W/S Park Street, Plan Kincardine as in R315917: R141569,R230674; Kincardine. Continued on page . . . 2 Page . . . 2 Parcel Roll # Lot Size Assessment 2017 Tax # 1 4108 2200 0102 700 8.54 Acres $27,250 $310.97 # 2 4108 2200 0102 800 5.5 Acres $22,750 $260.38 # 3 4108 2200 0103 200 99' X 220.44' $10,000 $119.03 #4 4108 2200 0103 300 99' X 220.44' $ 6,000 $ 71.42 # 5 4108 2200 0103 400 99' X 220.44' $ 6,000 $ 71.42 The subject property has 297 feet of road frontage on the east side of Elgin Street and is irregular in shape and totalling 15.543 acres. The property is located along the Penetangore River Valley with the majority either being the steep ravine walls or the flat valley bottom. There are 2 level upper level sections. The first is a 1/2 acre treed section in the north east corner at the western end of Scott Street by the Municipal sewage pumping station. The area is zoned PD - Planned Development. You would only be able to get 1 or 2 building lots so development of this small area would be impractical and is best left in bush. The second area is in the south west corner and is known as 505 Elgin Street and 507 Elgin Street. This area is zoned R1 and these lots are located near new residential development on the street and based on the elevation aerial mapping and zoning map would have sufficient area on the western side of each lot to build a residential dwelling. The balance of the property is zoned EP - Environmental Protection and has limited access.The Kincardine Trails Association uses the property with the rout along the northern part of the creek being known as the Burnside Memorial Trail. There is some signs of residential rear yard encroachment onto the subject property by some of the homes on the north side of St. Albert Street. This is mainly in the form of rear yard maintained lawns and gardens. This areas are not accessible from the balance of the property other than by the abutting home owners. Continued on page . . . 3 Page . . . 3 LOCATION MAP ZONING MAP v I=I 51 5.0 50 NU „II „, 630 555 555 515 55 ale 51.5 55 Ly..,.., ,,,,,„ . ..,,,,„ v,, ,,,,,,,.,4.T.5..,,, v, „, ;,45.ft, „„, . .„ , T,,, . ...5 Allkisiii,"1,..........:- • 553 ..�„ •� a,4us 'u pa'g? .454 .r A r u4.• •.•'"' '�' 12 f • de�• .r.9 ' ..s • •• / • .a. 4. • .0 / .P / AERIAL MAP ELEVATION MAP 4\ Alk,b hamG � . 44. ki 5 V ' Q. �w.s so ,•,,,, ~ ._ -,T .4 t y a , .`s 9f 3, F ..y_ fit......0)......... ELGIN STREET LOT ELGIN STREET LOT y • , e1 ': • 1 IlL _ i f i _ r Continued on page . . . 4 Page . . . 4 In reviewing sales data in the subject area and throughout the Municipality of Kincardine there is limited comparable data available. There was a Penetangore River Valley property sold near Armow in May 2017 that was 58.93 acres in size and was fully zoned EP - Environmental Protection. I would estimate the subject property in its current state and given the property has the potential to have one or 2 building lots I would estimate it has a combined market value on February 5, 2018 of; ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) I trust this is satisfactory for your requirements at this time, and I refer you to the attached list of conditions which pertains to this Appraisal. Sincerely, Samuel R. Finnie Sam Finnie Appraisals LIMITING CONDITIONS I would further like to point out the following conditions regarding this Appraisal Report / Letter of Opinion / Inspection Report: 1 . The legal description as shown is assumed to be correct; 2. No responsibility is assumed for matters legal in nature, nor is an opinion rendered; as to the title, which is assumed to be good, nor is responsibility assumed for the location of the improvements which have been valued as being located on the subject land; 3. The sketches in this report are included to assist the reader in visualizing the property; 4. Possession of this report, or a copy thereof, does not carry with it the right of publications nor may it be used for any purpose by anyone other than the applicant without the previous written consent of the appraiser; 5. Certain opinions, estimates, data and statistics furnished by others in the course of investigation are assumed to be correct; 6. The appraiser is not required to give testimony or attend in court by reason of this appraisal unless arrangements have been previously made therefore.