Realty Services

Staff and committees provide recommendations based on their expertise and the City's interests, but Council makes the final decision. Council may accept or reject the Land Management Team's recommendation, and its decision is final.

The sale of municipal property is handled at a meeting open to the public, and interested persons may attend and/or make representations about their interests, provided Council's rules are followed. The City's Clerk's office can provide assistance with respect to rules for making deputations at Council or Committee meetings.

Realty Services operates on a cost-recovery basis. While staff provide estimated costs for transactions, these are based on averages and may vary. Deposits are required throughout the process before incurring expenses, allowing applicants to manage costs before the City commits to expenditures.

If an applicant terminates a transaction (whether a sale or agreement), they remain responsible for all costs incurred up to that point. All requests begin with a non-refundable application fee of $145.00, which is adjusted annually based on the Consumer Price Index (CPI).

Costs for a Disposition of Land (Sale)

In addition to the application fee, applicants must cover all costs incurred by the City related to their request. These may include:

• Legal fees
• Public notification expenses
• Survey/reference plan costs
• Appraisal fees (if required)
• Other miscellaneous expenses

Currently, the City does not require newspaper advertising due to limited circulation. Additionally, Council has set a fixed rate for shoreline/road allowances and landlocked lot additions, eliminating appraisal costs in most cases. However, Council may require an appraisal at its discretion, which would be the applicant’s responsibility.

Set Prices for Shoreline/Road Allowances and Landlocked Lot Additions

Per By-Law 2018-020 (as amended), the following rates apply:

Additional Considerations

Costs may increase due to factors such as title issues or parcel size/type. Applicants must also cover their own legal fees. HST applies where applicable. A $35.00 fee applies to any NSF (non-sufficient funds) cheques.

License/Encroachment Agreement

Applicants are responsible for all City-incurred costs, including:

• OLS drawing: $3,500 – $8,000
• Deposit: The deposit will be the amount of the quote received from the OLS
• Certificate of Insurance

If an applicant terminates the request after the OLS drawing is obtained, they must still cover this cost. Applicants must also retain their own legal representation at their own expense. A $35.00 fee applies to any NSF cheques.

The City of Kawartha Lakes has established a Land Management Policy, which created the Land Management Team—a cross-departmental staff committee chaired by the Manager of Realty Services. The team includes representatives from various City departments and is responsible for reviewing inquiries and requests related to municipally owned land.

Requests to purchase, encroach upon, or obtain a right-of-way over City land must first be reviewed by the Land Management Team. Once reviewed, Realty Services will provide a written response to the applicant outlining the team's decision.

If you have an inquiry about municipally owned property under the jurisdiction of Realty Services, please complete the appropriate and submit it to the Realty Services division.

A non-refundable fee (as set out in the Consolidated Fees and Charges By-Law 2016-206, as amended) must accompany each request that is submitted to the Realty Services division. The fee can be paid by cheque or bank draft, made payable to "The City of Kawartha Lakes" and mailed to:

The City of Kawartha Lakes
Realty Services
26 Francis Street
P.O. Box 9000
Lindsay, ON K9V 5R8

Please note a fee will be applied to any N.S.F cheques.

The fee can also be paid by debit or credit card at any municipal service centre. Hours and locations of the service centres can be found online.

You are not required to address an encroachment unless Municipal Law Enforcement contacts you. The City handles encroachments only on a formal complaint basis, and a complaint is only considered official when submitted through the Municipal Law Enforcement complaint process.

If you choose to address your encroachment voluntarily or receive a notice from Municipal Law Enforcement, please complete an application form and review the process.

The City may require the removal of your dock from City property under certain circumstances, including but not limited to:

• Insurance Coverage: You are unable to provide insurance for activities on your dock.
• Regulatory Approval: The Trent-Severn Waterway or the Ministry of Natural Resources and Forestry denies a permit for the dock.
• Conservation Authority Restrictions: The applicable Conservation Authority refuses to issue a permit.
• Erosion & Road Safety: The dock poses a risk of erosion or destabilization to a nearby roadway.
• Overcrowding: The dock contributes to congestion in the area.
• Disrepair: The dock is deteriorating or unsafe.
• Public Access: The dock obstructs public use of the shoreline.
• Aesthetic Impact: The dock negatively affects the natural appearance of the area.

If any of these apply, the City may take action, including requiring modifications or removal of the dock.

Realty Services requires an Ontario Land Surveyor (OLS) drawing or a Deposited Reference Plan to accurately define property boundaries. These must be completed by a licensed Ontario Land Surveyor to ensure legal accuracy—other drawings will not be accepted.

• Deposited Reference Plan: Required for land transactions that are registered on title. It is mandated by the Land Registry Office to precisely define the property boundaries associated with the transaction.
• Ontario Land Surveyor Drawing for License Agreements: Necessary to outline the exact location and extent of an encroachment. This ensures both the applicant and the City have a clear understanding of the agreement, preventing future disputes.

By requiring these documents, the City ensures clarity and legal compliance in all land-related transactions.

• For a Sale

The City of Kawartha Lakes has its own legal counsel, but they represent the City’s interests only and cannot provide legal advice to purchasers. Buyers must retain their own lawyer to handle the transfer, sign the Transfer/Deed, and ensure compliance with Ontario land registration requirements. A purchaser’s lawyer typically reviews the Agreement of Purchase and Sale, conducts a title search, and checks for any outstanding encumbrances or issues with the property.

• For a License Agreement

The City’s legal counsel represents only the City and cannot provide legal advice to adjacent property owners (Licensees). Licensees must retain their own lawyer to review the agreement and provide legal advice on their behalf.

In addition to managing municipal land transactions, Realty Services administers:

• Negotiations for the City to purchase land from private or public interests.
• Negotiations for selling City-owned land, including lot expansions, road allowances, development land, building lots, and surplus facilities.
• Handling third-party inquiries to purchase, lease, or license City-owned land.

Realty Services does not provide support for:

• By-law enforcement on municipal land.
• Private land disputes or civil disagreements between property owners.
• Inquiries about privately owned property, including ownership details.
• Maintenance of vacant municipal properties.

The Land Management Team may deny requests to purchase City property if there is a municipal need for the land. Applicants will be notified by letter, but final decisions on sales rest with City Council. If an applicant wishes to pursue the purchase further, they may request to make a deputation to Council. Realty Services will present a report at the same meeting outlining the reasons for recommending the land’s retention.

Encroachment requests on City property may be denied if:

• The encroachment conflicts with the City’s intended use of the land.
• It creates an unsafe condition.
• It poses liabilities that cannot be fully assigned to the applicant.
• It violates a City by-law, policy, resolution, or provincial/federal regulation.
• It interferes with City maintenance, projects, or utilities.
• The applicant cannot demonstrate a reasonable need for the encroachment.
• It does not improve or maintain the aesthetic of the property.
• It restricts public use, access, or enjoyment of the space.
• Other reasons identified by the Land Management Team, which will be communicated in writing.

The City owns land for various municipal purposes, including parks, roads, public buildings, and utilities. Some properties become surplus due to excess land acquisition, changes in municipal plans, or amalgamation.

Types of Surplus Land

• Excess Land – Occasionally, the City acquires more land than needed for a project or later relocates or cancels plans, leaving portions surplus.
• Former Municipal Properties – With municipal amalgamation, some former municipal offices and depots are no longer in use.

Properties That Are Not Surplus

Not all City-owned land is available for sale. For example, land reserved for a future park is not surplus unless an alternative site is identified and approved for exchange.

Road Allowances

The City has many unopened road allowances, including those leading to water and others between private properties. These remain public property and may serve future municipal or community uses such as utilities, trails, or access routes.

• Waterfront Road Allowances – the City does not sell road allowances leading to water. Requests to use these allowances are typically denied but may be presented to Council upon request.
• Unopened Road Allowances – These may be occupied by neighboring property owners, but they remain public land. Under the Limitations Act, private ownership cannot be claimed through adverse possession. Property owners encroaching on these lands may:
1. Request to Purchase the land (if deemed surplus), or
2. Request to Enter Into a License Agreement for encroachments.

Shoreline Road Allowances

Many Ontario lakes have a 66-foot-wide public road allowance along the shoreline, originally surveyed by the Crown. In some cases, private structures like cottages, boathouses, or garages encroach onto these allowances without clear ownership. Owners may apply to purchase or obtain legal permission to use these lands.

For more details on purchasing or licensing municipal land, contact the Land Management Team.

THE CORPORATION OF THE CITY OF BELLEVILLE

BY-LAW NUMBER 2022-133

BY-LAW TO REGULATE THE ACQUISITION AND DISPOSITION OF REAL PROPERTY

Whereas Section 270(1) of the Municipal Act, 2001, s.o. 2001, c. 25, as amended, requires every municipal Council to adopt and maintain policies with respect to its acquisition, sale and other disposition of land;

And Whereas Council of The City of Belleville has established procedures, including those regarding the giving of notice to the public, governing the acquisition, sale or other disposition of real property. Those procedures are set out in this bylaw.

Now Therefore, The Corporation of the City of Belleville by the Council thereof hereby enacts as follows:

1. Definitions and Interpretation:

i) “Acquisition” means a transaction that adds new real property by purchase, lease, exchange, gift, trust, or any other means.

ii) “Appraiser” means members of the Appraisal Institute of Canada who have completed the admission requirements of Appraisal Institute of Canada and also participate in the Professional Liability Insurance Program of the Appraisal Institute of Canada.

iii) “Director, Corporate Services” means the person who holds that position and his or her delegate(s) or, in the event of organizational changes, another person designated by Council.

iv) “City”, “City of Belleville” means the Corporation of the City of Belleville and includes its entire geographic area.

v) “City Clerk” means the person within the administration of the City which fulfils the function of the City Clerk as required by the Municipal Act, 2001.

vi) “Class” is used in this By-law to denote a type of property for the purposes of assigning procedures required for Disposition. Section 2.01 outlines the Classes of property used by the City.

vii) “Council” or “City Council” means the elected municipal council for the City.

i) “CUSPAP” means the Canadian Uniform Standards of Professional Appraisal Practice of the Appraisal Institute of Canada.

ii) “Disposition” for the purposes of this By-law: 

a. the transfer of an Easement;

b. the entering of an agreement to provide for an Encroachment;

c. the granting of a license to use property which is less than a lease;

d. the granting of municipal consents to utility companies for the placement of physical property on municipal rights of way;

e. the granting of franchises relative to the occupation of municipal rights of way;

f. the completion of an at arm’s length transfer including leases with a term of 21 years or more;

• i) “Easement” means a registered or unregistered formal right to use property belonging to someone else.
• ii) “Encroachment” means permitted occupancy of land by buildings or structures, or parts of buildings or structures, which would be trespassing but for the permission.
• iii) “Full Cost Recovery” means all labour, equipment, material and any related
• iv) “Manager Realty and Property Services” means the person who holds that position and his or her delegate(s) or, in the event of organizational changes, another person designated by the Director, Corporate Services.
• v) “Security” involves the pledging of an asset in order to secure a positive obligation. As an example, real property is sometimes acquired by the City as Security for a developer’s performance in accordance with the terms and conditions of a development agreement.
• vi) “Real Property” means any and all rights, interests or benefits in land.
• vii) “Reserves” are parcels of land, one foot or less in width, acquired in conjunction with an approval or decision under the Planning Act.

1.2 Interpretation Rules:

• i) The Schedules attached to this by-law form part of the by-law and are enforceable as such.
• ii) The words “include” and “including” are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow.
• iii) Wherever this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.
• iv) References to items in the plural include the singular, as applicable.

1.3 Statutes:  References to laws in this by-law are meant to refer to the statutes, as amended from time to time that are applicable within the Province of Ontario.

1.4 Severability:  If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by- law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect.

2. Classes of Property or Property Dispositions

a. Classes:  This section describes four classes of real property held by the City from time to time for the purposes of distinguishing procedures applicable in accordance with this By-law.

• i) Class One: All real property which does not fall into any of the other classes set out in this section.
• ii) Class Two: Real property which is a highway or a road allowance, open or closed, travelled or un-travelled.
• iii) Class Three: Real property which, in the opinion of the Manager Realty and Property Services, has no market value except as a lot addition to one or more abutting properties.
• iv) Class Four: Real property which is being held temporarily by the City as Security or a Reserve.

b. Procedures: Procedures for the Disposition of real property held by the City vary depending on the Class of property in question (as set out in Section 2.01)

c. Exemptions: This By-law does not apply to the sale of property by the City pursuant to the Municipal Tax Sales Act.

3. Procedures Concerning the Sale of Land in Class One

a. Declaration as Surplus: Prior to the disposition of any parcel of land in Class One, the Council of the City shall, at a meeting open to the public, declare the land to be surplus and no longer required by the City for municipal purposes. These declarations can be revoked by the City at any time prior to a disposition of the same land.

b. Considerations: In determining whether or not any property is surplus to municipal needs, the Council of the City may consider any relevant information available to it. This includes information that the proposed purchaser or lessee wishes to exchange land with the City, and the parcel to be acquired may be a substitute for the City’s property (which would otherwise not be surplus to the City’s needs).

c. Appraisal: Subject to Section 3.04, it is a requirement that, prior to the acquisition or disposition of any real property by the City of Belleville, the Manager Realty and Property Services shall obtain at least one appraisal of its fair market value. The appraisal shall carry the designation of ‘AACI’ being an Accredited Appraiser with the Canadian Institute or ‘CRA’ being a Certified Residential Appraiser. The Appraisal business or firm that is retained by the City of Belleville through the Manager Realty and Property Services or by an independent third party to complete an assignment as part of a negotiation with the City of Belleville regarding real property, must supply to the City of Belleville Manager Realty and Property Services, in writing, notice that the appraisal will be completed by a “Candidate Appraiser” prior to the assignment being accepted by the business or firm.

Appraisals that are completed by a “Candidate” Appraiser must be co- signed by a designate Appraiser “Co-signature” in accordance with CUSPAP of the Appraisal Institute of Canada. Further, the “Co-signature” must provide proof in writing through an Appraisal Co-signature Form provided by the City of Belleville through the Realty and Property Services Department that that the “Co-signature” for the “Candidate Appraiser” physically accompanied the “Candidate Appraiser” on the inspection of the real property at the same time on the same day. Each appraisal must include a consultation from a qualified land use planner addressing the applicable Official Plan and Zoning By-law provisions and including a list of all permitted uses.

d. Exemptions: The City may, at its discretion, dispose of surplus real property without obtaining an appraisal of fair market value if the circumstances of the disposition meet the criteria in this section.

i) The disposition involves a type of property listed in Schedule ‘A’.

ii) The disposition is to one or more public bodies as set out in Schedule ‘B’.

e. Public Notice:  Subject to Section 3.06, prior to the Disposition of any surplus real property, the Manager Realty and Property Services shall provide notice to the public of the proposed Disposition in each of the manners described in this section.

• i) An advertisement shall be placed in a newspaper which, in the City Clerk’s opinion, is of sufficiently general circulation in the City of Belleville to provide members of the public with reasonable notice.
• ii) The disposition shall be described in the public agenda for a City Council meeting.
• iii) Notice shall be provided by regular mail to those persons and public bodies listed in Schedule ‘C’.
• iv) Notice shall be posted on the City of Belleville website.

4. Procedures Concerning the Disposition of Land in Class Two

a. Inquiries about Class Two Land: The City cannot consider disposition of any land in Class Two unless it has never been opened as a public highway, or unless it has been closed as a public highway. Where inquiries are made regarding the purchase of these lands, and the highway has not been closed, a closure procedure is required and any claims must be considered, in accordance with the Municipal Act, 2001, before disposition can occur.

b. Disposition of Closed Highways: In considering whether a highway should be closed, the Council may also consider whether the land is surplus to municipal needs. Where Council declares the property surplus, this Section applies to the disposition. A declaration that the lands are surplus can be revoked by the City at any time prior to a disposition of the same lands and the City reserves the right to ultimately decide not to close the highway or dispose of the land.

c. Pricing: Subject to Section 4.04, at the same meeting at which the Council considers declaring any land in Class Two surplus, it may set a price for the land to be disposed of. An appraisal shall be required as set out in Section 3.03 unless the exemptions set out in Section 3.04  apply.

d. Certain Set Pricing: Schedule “D” to this By-law sets the prices for certain types of land in Class Two if they are sold to an owner of lands abutting the closed highway as shoreline or highway frontage.

e. Public Notice: As required by Section 34(1) of the Municipal Act, 2001, public notice of a by-law to permanently close or alter a highway shall be given to the public and to such other persons, authorities or bodies as it deems necessary and proper in the circumstances.

Prior to the sale of real property other than industrial land, the Property Administrator shall give notice to the public of the proposed sale by one or more of the following methods:

• i. by publication in a newspaper that is, in the Director of Corporate Services/Clerk’s opinion, considered to be of sufficient general circulation in the area to provide reasonable notice. Such publication shall be once per week for two consecutive weeks;
• ii. by posting a notice on the real property proposed for sale;
• iii. by posting the notice on the City of Belleville website;
• iv. any other means of communication which, in the opinion of Council acting reasonably and in good faith, is deemed to be appropriate in the circumstances in order to give notice to the public.

Such notice shall include the proposed disposition, if applicable. In addition, the provisions of Section 3.05 (b) apply to the disposition of any land in Class Two.

Notice to the public as mentioned in Subsection 5(b) (i) shall be at least thirty (30) days prior to the consideration of offers by Council and include the legal description and municipal address of the property, the terms of the sale, deadline for receiving offers and special conditions relevant to the sale.

f. Manner of Disposition: Any lands in Class Two, except those set out in Section 4.04, shall be disposed of by one of the manners of sale set out in Section 7.00.

g. Procedures: None of the other provisions of Section 3.00 apply to the disposition of any land in Class Two.

5. Procedures Concerning the Disposition of Land in Class Three

a. Declaration as Surplus: The provisions of Section 3.01 apply to the disposition of any land in Class Three.

b. Procedures: None of the other requirements of Section 3.00 apply to the disposition of any land in Class Three.

6. Procedures Concerning the Disposition of Land in Class Four

6.1 Declaration as Surplus: Land held as Security or as a Reserve are, by their nature, surplus to the City’s needs once the obligations or conditions secured have been performed. Accordingly, it is not necessary to declare land held as Security or as a Reserve as surplus for the purposes of its disposition back to the developer, in accordance with the terms of a development agreement or conditions of development, or, in the case of Security, for disposition on the general market in satisfaction of the Security.

6.2 Appraisal: Section 3.04 applies to the disposition of any land in Class Four.

6.3 Procedures: None of the other requirements of Section 3.00 apply to the disposition of any land in Class Four.

7. Manner of Sale for All Classes of Real Property

a. Manners of Sale: This section lists methods by which real property may be disposed of.

• A public call for tenders;

• A public request for proposals, seeking to optimize development concepts as well as price (within the context of the development);

• Sale by public auction;

• Sale through listing with a registered real estate broker on the multiple listing system or otherwise;

• Direct sale through advertisement of the property (by posting of signs or otherwise) soliciting offers to the Manager Realty and Property Services; or

• Direct sale through approach to the City by interested purchasers or potential purchasers.

b. Default Manner of Sale: Unless Council provides otherwise when declaring property surplus, the manner of sale used for the disposition of lands shall be by way of Section 7.01(e) with the Manager Realty and Property Services to negotiate with the parties as per usual real estate practices.

c. Consideration: The City may accept consideration for property dispositions through any one or a combination of: money, land exchange, or any other manner which staff may recommend, and Council  approve.

d. Ultimate Disposition: The Council shall, at a regular meeting, open to the public, consider the ultimate disposition of any Class of real property. Council may accept any offer, notwithstanding that it might not be the highest offer received or may determine not to dispose of the property in question at that time.

8. Certificate of City Clerk

a. Certificate: Where requested by the purchaser or lessee of surplus property, the City Clerk shall issue a certificate with respect to the Disposition of the land.

b. Contents: The certificate referenced in Section 8.01 shall verify that, to the best of the City Clerk’s knowledge and belief, all obligations and requirements of this By-law have been complied with, and that the appraisal required by this By-law has been obtained. Where an appraisal was not obtained, the City Clerk shall set out in the certificate the reasons why the appraisal was not required.

c. Registration: The certificate shall be included in the Transfer/Deed of Land registered pursuant to the Registry Act or the Land Titles Act, as applicable. Where it is included in the Transfer/Deed of Land and registered, it is deemed to be sufficient proof that the provisions of this By- law have been complied with.

9. Full Cost Recovery Costs:  A non-refundable application fee as described in Schedule D must be submitted with each inquiry about City owned land. The application fee will offset any expenses that the City will incur in connection to the initial review of a request. In addition, any costs that are incurred by the City in connection to a request concerning City owned land or the disposition of surplus property shall be payable by the applicant or the proposed purchaser. Such costs shall include:

• any legal costs incurred by the City;

• any costs incurred through the completion of any required public notification;

• any costs incurred through the completion of any required reference plans;

• any costs incurred through the completion of any appraisals that are necessary;

• and any miscellaneous costs that are incurred by the City.

10. Administration

a. Administration of By-law: The Manager Realty and Property Services is responsible for the administration of this By-law.

b. Caveat: Any requests to purchase City owned land received prior to the passage of this by-law shall follow the fees and process negotiated, providing the disposition is carried through by December 31, 2022 at which point this By-law will apply.

c. Effective Date: This By-law shall come into force on the date it is finally passed.

d. THAT By-law Number 99-19 and all other By-Laws or parts thereof inconsistent herewith be and the same are hereby rescinded.

Schedule "A" To City of Belleville By-Law Number 2022-133

Passed This 26^th Day of September, 2022 

1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act, R.S.O. 1990, c. P.13.
2. Closed highways, if sold to an owner of land abutting the closed highway
3. Land formerly used for railway lines, if sold to an owner of land abutting the former railway land.
4. Land that does not have direct access to a highway, if sold to the owner of land abutting that land.
5. Land repurchased by an owner in accordance with Section 42 of the Expropriations Act, R.S.O. 1990, c. E. 26.
6. Easements granted to public utilities or to telephone companies.

Schedule "D" To City of Belleville By-Law Number 2022-1 33

Passed This 26‘“ Day of September, 2022

Fee:

A non-refundable fee of $135.00 must be submitted with each request about City owned property. The fee is to will cover the initial costs that are associated with the preliminary review/research that is to be completed in connection to a request about City owned property. In the event that the associated costs exceed $135.00 the applicant will notified so that they are aware that they will be responsible for the payment of those costs.

Road Allowances by Shorelines or Strips of Road Allowances Along Traveled Highways:

a. The price for property meeting this description in Section 4.04 of this Byvlaw is:

• $15.00 per linear foot of highway frontage for strips of road allowances along a traveled highway or $20.00 per linear foot of water frontage for shoreline road allowances;

b. costs of the land transaction including the cost of all required notices and surveys, documents required to be registered in the Land Registry Office, all legal fees incurred by the municipality in connection to the sale and any other costs associated with the transaction. The purchaser will be required to make a non-refundable deposit of $1,000.00 in advance of the road closing to cover the said costs; plus

c. a fee of $1,500.00 to cover the City’s staff time expenses

Landlocked Lot Additions:

Except in exceptional circumstances, in the opinion of the Manager Realty and Property Services, the price for property meeting the description in paragraph 3 of Schedule ”A” of this By-law is:

a. where the parcel is an addition to a farm, a price of $1500.00 per acre, plus the amounts in parts (c) and (d);

b. where the parcel is an addition to a lot other than a farm, a price of$1.00 per square foot of land, plus the amounts in parts (c) and (d);

a fee of $1,500.00 (to cover the City’s staff time expenses); and all costs of the Land transaction including the cost of all required notices and surveys, documents required to be registered in the Land Registry Office, all legal fees incurred by the municipality in connection to the sale and any other costs associated with the transaction

1.0          Purpose

The purpose of this policy is to establish and maintain a consistent and equitable framework for the acquisition and disposition of real property and real property interests that support Council approved projects, programs, policies and strategic plans.

2.0     Policy Statement

The City of Belleville acquires real property rights, as required, for municipal purposes consistent with the City mandated programs, projects, policies and strategic plans. The City of Belleville will acquire and dispose of real property rights in a transparent, fair, reasonable, competitive, and consistent process to ensure the best interests of the City are met.

3.0

For the purposes of his policy:

“Acquisition” means the obtaining of interests in Real Property through purchase or other means of acquiring Real Property interests deemed appropriate by the City.

“Appraisal” means a written opinion of the current Fair Market Value of property, the conditions and limitations at the time of the opinion or estimate of value. An individual accredited by the Appraisal Institute of Canada, either internal City staff or an outside appraiser, may prepare the Appraisal. The form and content of the report shall be at the discretion of the Manager Realty and Property Services.

“Asset Rationalization” a process to support decision—making related to the acquisition, remediation or disposal of real property, in a cost effective manner, while assuring that essential program and service delivery objectives are not compromised.

“Capital Projects” have funding or budgets in place and are included in the City’s Capital Budget.

“Client Department” a City department that is a client of Realty and Property Services and requires a real property for an approved program or project.

“City” means the Corporation of the City of Belleville.

“Disposal/Disposition” means the sale, transfer, conveyance or exchange of the fee simple interest in land or the granting of a lease for a term of twenty-one (21) years or longer, and does not include the granting of an easement or right of way.

“Donation” means a voluntary gift of Real Property, given without compensation or consideration.

“Due Diligence” any activities required prior or during the acquisition of real property that will effectively assist in the decision-making process of the acquisition and will provide a thorough understanding of the potential asset.

“Easement” reflects the acquisition of property rights either on the surface, above or below ground and can be permanent or temporary and identifies a specific use or interest in land. Certain interests in land are transferred from one party to another, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose. a partial interest in real property and may or may not be registered on title.

“Encroachment” means any type of vegetation, man-made object or item of personal property which exists wholly or upon, or extends from a person’s premises onto, public lands and shall include any aerial, surface or subsurface Encroachments.

“Expropriation” means the Acquisition of land pursuant to the Expropriations Act of Ontario.

“Heritage Easement” means an easement granted from a property owner to the City in order to protect the heritage aspect(s) of the property, granted pursuant to the Heritage Act of Ontario.

“Highest and Best Use” that use, which, at the time of the appraisal, is most likely to produce the greatest net return, in money or amenities, over a given period of time.

“Land” means real property owned by the City of Belleville.

“Fair Market Value” the most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self—interest, and assuming that neither is under undue duress.

“Needs Assessment” a client report documenting the need for and purpose of acquiring real property.

“Property Identification Number (PIN)" Every Ontario property has been assigned a unique 9-digit electronic identification number for unique numerical indexing of legal description-based property identification.

“Public—Private Partnerships” legal agreements between government and private sector entities, for the purpose of providing public infrastructure, community facilities and related municipal services. Assuming that neither is under undue duress.

“Real Property” real property includes land, buildings, anything that is erected or growing on or affixed to the surface of the land, minerals and anything subsurface, and all rights issuing out of, annexed to, and exercisable without or about land such as leases, licenses, mortgages, air rights, easements and rights of access.

“Real Property Rights” any right, interest or benefit in land, but is not limited to, fee simple acquisitions, leases, licenses, options, permits, air rights, density transfers, permanent easements, rights-of—way, linear corridors, and other limited interests such as joint-use agreements, temporary working easements, access easements, permissions to enter and construct, and any other legal binding agreement related to the acquisition of property rights for the City of Belleville.

“Section 30 Agreement” an agreement between the City and the owner of a property, or a legal right or interest in property, which is made pursuant to the statutory authority of section 30 of the Expropriations Act, R.S.O. 1990 c. E26, as amended from time to time, wherein the said owner consents to the acquisition of the subject property in exchange for a payment or other consideration to the said owner, and wherein said consideration is acknowledged to be without prejudice to an application by the said owner to the Local Planning Appeal Tribunal for determination of the compensation (in whole or in part) to which the owner would be entitled by the Expropriations Act if the land had been expropriated, subject to any conditions agreed upon between the parties in the said agreement.

“Surplus" means property that the City no longer requires to meet its current or future needs;

4.0 Land Inventory

The City will maintain a public register which lists all of the Real Property owned by the municipality. The following classes of Real Property are not listed in the public register:

-          Highways and roads

-          Open road allowances

-          Stopped-up highways and roads

-          Reserves of 0.3 metres (1 foot) or less in width, and

-          Easements Acquisition Considerations Real Property Acquisitions will be

conducted with consideration of the following:

-              Acquisition Required For Municipal Purposes Real Property-   Acquisitions are restricted to Acquisition of land and interests which are required for municipal purposes or in support of Council-approved programs, projects and policies.

5.0     Application

5.1.     Accountability:

The Director of Corporate Services is responsible for:

-        Rendering decisions where the interpretation of this policy by Realty and

Property Services is disputed,

-        Approving the terms and conditions if Council has approved issuance to finance

the Acquisition of Real Property,

-         Ensuring all applicable managers/supervisors are aware of this policy and of any

subsequent revisions, and;

-        Ensuring compliance with this policy.

5.2.      The Manager of Realty and Property Services is responsible for:

-         Ensuring all applicable staff are aware of this policy and of any subsequent

revisions,

-        Ensuring that all applicable legislative requirements have been met,

-        Ensuring compliance with this policy and that the City acts at all times in the interest of the public, with a view to transparency and fairness of process and;

-        Ensuring all require information that may affect value or use is obtained from appropriate staff prior to approval of Real Property transactions.

5.3.      Environmental Services is responsible for:

-          Providing technical support and recommendations to the Manager Realty and

Property Services in determining if Real Property should be subject to an environmental investigation prior to Acquisition or Disposal,

-        Coordinating environmental investigations, as required, and assessing potential

environmental liabilities and associated risk, and;

-          Ensuring compliance with PSAB 3260 — Accounting for Liability for Contaminated

Sites.

5.4.      City Legal Services is responsible for:

- Providing legal support to Realty and Property Services as required for the drafting of legal documents and agreements,

-    Search of title and registration of all documents on behalf of the City.

- A third party does not have permission to draft or register documents on title (PIN) Parcel Identifier Numbers) on behalf of the City.

5.5. This Policy applies where real property rights are acquired by the City. Any rights of interest or benefit in land including but not limited to fee simple acquisition, permanent easements, encroachments, rights of way, stop up and closure of roads and linear corridors. Limited interests under this policy include joint-use agreements, temporary working easements, access easements, permission to enter and construct and any other binding agreement relating to the acquisition of real property rights.

5.6.      Acquisitions

This policy does not apply to the following types of Acquisitions:

-          Real Property dedicated to the City either through development applications or

cash in lieu/parkland dedications, Public Open Space; and Applications for Development of Contaminated or Potentially Contaminated Sites

-          Real Property acquired by the City through vesting by reason of tax arrears

pursuant to the Municipal Act, 2001

All Real Property transactions require the approval of Council for the City. Where Council approval is required, the transaction may be considered at a closed session of Council if permitted under the Municipal Act, 2001. The City’s Real Property is managed along clearly

defined lines of delegated authorities and levels of accountability. Risk is managed

responsibly, and Council is informed as considered appropriate by the Manager Realty and Property Services. In making its recommendations, the Manager Realty and Property Services shall have regard to the following principles:

-          Fiscal Accountability

-          Consistency with Corporate Objectives

-          Sustainability

-          Social Responsibility

-          Transparency

-          Environmental Responsibility

Fiscal Accountability

The principle of fiscal accountability means that the City will:

-          Endeavour to acquire, maintain, preserve, dispose of and otherwise manage

Real Property assets to the maximum long term economic advantage of the City.

-          Endeavour to retain and maintain Real Property, only when the Real Property

interest:

-          has adequate returns in terms of revenue or amenity

-          is not easily replaced with a more efficient interest

-          can be operated within existing budget parameters - adequately fulfills the

function for which it was acquired or

-          has been identified as having “strategic hold” value for future use

-        Endeavour to minimize costs while realizing revenue from the Disposal or

Lease of nonessential, under-utilized properties

-          Obtain the best value when acquiring Real Property, giving due

consideration to Fair Market Value and to entitlements under the Expropriations Act, where applicable, and

-      Dispose of Real Property on the basis of Fair Market Value, unless

otherwise approved by Council.

Consistency with Corporate Objectives

The principle of consistency with corporate objectives means that the City will acquire, retain, maintain, renovate and improve properties only when those properties clearly align with the goals and objectives of the City’s Official Plan, Capital Budget and departmental approved business plans related to the provision of City mandated programs. City mandated programs are services, products or facilities which are owned, operated, or purchased in fulfillment of City objectives and delivered to the public.

Sustainability

The principle of sustainability means that the City will endeavour to retain Real Property only when:

• Returns in terms of revenue/amenity are cost neutral or better
• Service need is constant or growing, and

-          The condition of the Real Property is such that it can be used and maintained on

a low maintenance and low risk basis.

Social Responsibility

The principle of social responsibility means that the City:

-          Has a duty to provide service and support, where there is no other viable service

provider, and where there is a clearly articulated City desire to fill a need, or to foster and promote programs of inclusion and accessibility. The City’s social responsibility may form the basis for Real Property transactions of a nature other than Fair Market Value, provided they are ancillary to Council-approved programs

-        Will endeavour to provide safe, healthy and accessible facilities for occupants and

-        Will endeavour to protect and preserve the environmental value and/or cultural age of the property

Transparency

The principle of transparency means that the City is committed to using consistent, transparent and equitable processes in acquiring and disposing of Real Property.

Environmental Responsibility

The principle of environmental responsibility means that the City will consider:

-          The environmental condition of Real Property and any potential remedial costs,

and

• lf the environmental condition of Real Property presents any potential risk to the

City

5.7.     Disposals

This policy does not apply to the following types of Disposals:

-          The sale of lands for municipal tax arrears purposes pursuant to the Ontario

Municipal Act, 2001

-          The re-conveyance of lands to the owner, or successor in title, who conveyed the

land gratuitously to the City by virtue of the terms of a Development and Servicing Agreement.

5.8.     Responsibility for Acquisitions

The Manager Realty and Property Services is responsible for Real Property Acquisitions. All Acquisitions of Real Property interests under the Ontario Municipal Act, 2001 are to be undertaken by the Manager Realty and Property Services. The Manager Realty and Property Services will conduct their responsibilities in accordance with the acquisition considerations outlined in this policy and by direction from the Director of Corporate Services.

5.9.     Acquisition Process

The Manager Realty and Property Services will initiate an acquisition process upon receipt of a written request from any City department. All such requests should be supported by a departmental needs assessment or capital project/program or Provincial

Order explaining the rationale for the acquisition, a form of Council authority or proof of approval through the current or capital budget process. A budget for the program or project should be identified, where applicable, inclusive of the cost to acquire the necessary property component and setting out the operational budget impacts prior to the Manager Realty and Property Services conducting the acquisition. Where Council has approved the issuance of a debt instrument to finance the Acquisition of Real Property, the terms and conditions of the debt instrument must be verified and approved by the Director Corporate Services. The Manager Realty and Property Services will investigate the market to determine suitable alternatives to meet the end user’s needs. The final decision on the site selection rests with the end user department. Prior to completion of an acquisition the Manager Realty and Property Services will verify tax and water account status of the subject property through the Tax Department via a tax certificate.

5.10.   Assessment of Property

Before acquiring any Real Property, the Manager Realty and Property Services will consult with other City departments through an internal circulation process and may coordinate an assessment by appropriate staff or an external consultant as to the property’s physical, structural and environmental condition, cultural heritage, existing restrictions, encumbrances, liabilities, tax implications or any other important characteristic which may impact on value or use.

5.11    Acquisition at Fair Market Value

The Manager Realty and Property Services will acquire Real Property at the lowest possible negotiated cost and greatest economic advantage to the City. When the acquisition is part of an unsolicited purchase in support of a City-mandated program (e.g. for a road widening) land may be acquired on the basis of Fair Market Value and entitlements, as defined by the Expropriations Act.

5.12   Appraisal

All Acquisitions must be accompanied by a current Fair Market Value Appraisal completed by a registered member in good standing of the Appraisal institute of Canada who have completed the admission requirements of Appraisal Institute of Canada and also participate in the Professional Liability Insurance Program of the Appraisal Institute of Canada.

5.13   Agreement of Purchase and Sale

Upon selection of a site by an end user department and successful negotiations, the Manager Realty and Property Services shall instruct Legal Services to prepare and/or review an appropriate agreement. When the agreement has been fully executed, it is transferred to Legal Services for completion of the transaction with executed copies provided to the City Clerk, Director of Finance and the Manager Realty and Property Services.

5.14    Environmental Investigations

The Manager Realty and Property Services, in consultation with Environmental Services and the client department, may require that Real Property being considered for acquisition, regardless of the method of acquisition, be subject to an environmental investigation, which must be completed prior to completion of the transaction. All such investigations are to be completed in accordance with any applicable Ministry of the Environment and Climate Change standards and undertaken in such manner and of sufficient level, so as to meet the requirements of the City’s insurer.

5.15     Heritage Properties

When acquiring Real Property that may have cultural heritage value, the Manager Realty and Property Services will consult with Heritage Planning staff, to understand the implications of the property’s heritage status. The Manager Realty and Property Services will be responsible for:

-          Confirmation of the City program(s) to be implemented at the property

-          Identification of the desired long-term use of the property

-          The client department will provide to the Manager Realty and Property Services:

Assessment of the impact on the City of the operational costs of the property, and

-          Development of an asset management plan, which forecasts the capital renewal

and reinvestment requirements to preserve the property, including actual or potential funding sources.

5.16 Methods of Acquisition:

Real Property interests may be acquired through any of the following methods:

-          Negotiated agreements

-          Land exchanges

-          Charitable Donations

-          Expropriation

-          Transfers from another level of government

-           Competitive bid request

5.17      Negotiated Agreements

Negotiation is the preferred method of obtaining Real Property and will be completed in consultation with the City’s Legal Services.

5.18      Land Exchanges

When an acquisition is pursued in support of Council approved programs, projects and policies and it is determined that an exchange of City owned Real Property is in the best interests of the City, negotiations shall be initiated based on the Fair Market Value of the respective Real Properties, pursuant to this policy.

5.19     Charitable Donations

The City may accept a Donation of Real Property if an appropriate municipal purpose has been identified for the property and upon City Council’s approval. The Manager Realty and Property Services will advise the Director Corporate Services as to the appropriateness of accepting the Donation.

5.20      Expropriation

The City has the authority to expropriate land in accordance with the provisions of the Expropriations Act where negotiation has failed to produce an agreement. Section 30 of the Expropriation Act may be used where project requirements must be met in a timely manner. The Mayor and applicable councillor shall be informed of any contemplated expropriation. Expropriations prior to the report recommending approval to “Give Notice of Application to Expropriate” is brought to Council by the Director of Corporate Services. The City Legal Services shall undertake the process of Expropriation on behalf of the City in consultation with the Manager Realty and Property Services.

Section 30 Agreements

Where project requirements must be met in a timely manner or where negotiation is unsuccessful or not possible, the voluntary acquisition of lands through the use of a Section 3O. Agreement pursuant to the Expropriations Act may be considered

5.21     Transfers from another Level of Government

The City may acquire Real Property as the result of a transfer of jurisdictional authority from one level of government to another (e.g., transfer of highways, boat launches, etc.)

5.22     Disposal of Property Responsibility for Disposal of Poperties

The Manager Realty and Property Services is responsible for Real Propety dispositions, including the selection of the appropriate disposal method for the property. All Disposals of Real Property are to be undertaken by the Manager Realty and Property Services. The Manager Realty and Property Services will conduct their responsibilities in accordance with the disposal considerations outlined in this policy and under direction from Council and the Director of Corporate Services.

5.23     Disposal Process

The Manager Realty and Property Services, in consultation with other City departments, will identify potential properties for Disposal and:

-          Ensure that the property is declared surplus

-          Initiate an Appraisal to determine the property Fair Market Value

-          initiate an environmental investigation, where deemed applicable, in consultation

with    Environmental Services and the client department and          undertake remediation as may be required, and

-          Initiate such other investigations and commission such other reports as may be

deemed appropriate by the Manager Realty and Property Services in consultation with other City departments.

5.24     Declaration of Property as Surplus

Real Property may not be disposed of unless it has been declared surplus to the requirements of the City and included in a corporate report to City Council, which will include notice of the City’s intention to dispose of the Surplus Property.

Note: The requirement to declare surplus prior to disposal does not apply to the following:

-          Grant of Easement interests, including Easements to be transferred to the City of

Belleville

-        Disposal of one-foot reserves

-        Re-conveyance to the owner, or successor in title, who conveyed the land

-        gratuitously by virtue of the terms of a Development and Servicing Agreement, provided all costs to recover the lands are borne by the owner

-        Status Report on City Surplus Property Realty Services will report to City Council

-        identifying the status of all properties that have been previously declared surplus by City Council. Reporting will be every 18 months or as directed by City Council.

5.25    Appraisals of Surplus Property

All Disposals will be subject to an Appraisal except:

-          Subject to the discretion of the Manager Realty and Property Services, sales

involving the following classes of property:

-          reserves of 0.3 meters (1 foot) or less in width

stopped-up highways and walkways

-          landlocked properties if being sold to an abutting owner

-          property acquired under Section 42 of the Expropriations Act, if being sold

to an owner from whom the land was taken

-          Abandoned cemeteries

-          Sales to public bodies (Boards of Education, Hydro One Utilities, Ontario

Hydro,     Conservation     Authorities     and    the    Provincial               and                    Federal Government), and

-          Sales to private bodies where the deemed value of the Surplus Property is

less than $50,000, as determined by Appraisal commissioned by the Manager Realty and Property Services and cost recovered by the purchaser.

5.26     Priority of Offerings

The City shall have the right to convey the Surplus Property at Fair Market Value to the party having the greatest priority. For the purpose of assigning priorities, the order shall be as follows:

1. Federal Government
2. Provincial Government
   1. County of Hastings
   2. Local School Boards
   3. Recognized Authorities

5.27    Agreement of Purchase and Sale

When an acceptable offer for the Surplus Property has been received, the Manager Realty and Property Services shall instruct the Legal Services to prepare and/or review an agreement. When the agreement has been fully executed, it is transferred to Legal Services for completion of the transaction and executed copies provided to the City Clerk, Director of Finance and the Manager Realty and Property Services.

5.28    Cost of Disposal of Surplus Property

All applicable fees and charges shall be recovered from the purchaser on or before the closing date. All other reasonable fees, costs and expenses incurred by the City, even if the property is sold at a nominal value, shall be recovered from the purchaser on or before the closing date, unless the sale was initiated by the City and the costs have been waived at the direction of Council.

5.29     Proceeds from Disposal of Surplus Property

Proceeds from the Disposal of Surplus Property will be credited to the following accounts:

-          A departmental account from where the original acquisition of the property was

funded, as directed by the Director Finance or as otherwise directed by Council.

5.30     Disposal Considerations

The Disposal of Real Property will be carried out with consideration for the following:

Market Value All Disposals of Real Property must be at least at 90 per cent of Fair Market Value, unless an exception is provided in this policy and Council has approved the transaction. Reports to Council recommending Disposals at less than 90 per cent of Fair Market Value must:

-          Clearly state the Fair Market Value of the Surplus Property to be transferred and

not realized and the reasons for such a decision

-           Identify the purchaser, and

-        In the event of a Lease of 21 years or more, fully disclose all important or

-        financial terms and conditions therein.

5.31    Transfers to Another Level of Government

Where an offer is received from another level of government, board or authority and the City disagrees with the Fair Market Value determined by the other level of government, the City may agree to either:

-        Elect to have the Fair Market Value estimated by a third-party Appraisal, negotiate and amend the offers accordingly, or

-        Start negotiating with the next purchaser, in priority order;

• Federal Government
• Provincial Government
• County of Hastings
• Local School Boards
• Recognized Authorities

5.32    Disposal of Land Acquired through Gratuitous Dedication or Donation:

Where the City has acquired Real Property through a gratuitous dedication as a condition of a development application or through ha Donation, and the Real Property becomes Surplus Property, the City may consider the following options:

-        A potential transfer to another level of government, local school board or recognized authority, or

-        Re-conveyance to the owner, or successor in title, who conveyed the land gratuitously, provided, at a minimum, all costs to recover the land are borne by the owner.

5.33    The Disposal of the Surplus of Property at Fair Market Value Environmental Investigations

The Manager of Realty and Property Services in consultation with Environmental Services may require an environmental site investigation prior to property disposition to assess any potential liability to the City in disposing of the property. Natural Areas or environmentally sensitive areas identified by the City as being worthy of protection will be transferred exclusively to appropriate organizations, such as conservation authorities or other levels of government.

5.34 Public Highways

Any public highway that is stopped-up, closed and declared surplus shall be offered for sale pursuant to a value established by an Appraisal. It is preferred that the entire portion of the public highway should be sold at one time so as not to leave the City owning portions of the closed public highway. Should one of the adjacent owners choose not to purchase the closed public highway, it may be offered in whole to the other adjacent owner at the same or higher price. In the event the closed road is of sufficient size to be considered a viable property on its own, the City shall have the option, in its sole discretion, of marketing the property as a stand-alone property, with no obligation to offer it to the adjacent owners. However, notice will be provided to the adjacent owner(s) that the property is to be placed for sale on the open market at an appraised Fair Market Value.

5.35    Sale of Heritage Property

Any agreement of sale for a heritage property must contain any necessary special conditions to preserve its heritage status including, but not limited to, a Heritage Easement. Identification, correction or change to the zoning of the property will be completed by the Planning Department.

5.36    Easements

The City may grant an Easement interest:

-          If considered appropriate to the relevant City department

-          If the granting of the Easement does not render the retained City land no longer

viable for the use for which the land was obtained

-          If the granting of the Easement does not render the retained City land

subservient to the Easement interest, and

-          To utilities for existing plant and equipment at the time of Disposal Easement

interests are granted at Fair Market Value as established in an Appraisal. However, Easements may be granted gratuitously to another level of government or to a utility for existing plant and equipment at the time of Disposal, if it is determined that the location of the Easement has limited or no impact on the future value or future City development of the lands over which the Easement is sought. Notwithstanding the above noted policy respecting the granting of Easement interests.

5.37     Methods of Disposal

The Manager Realty and Property Services will determine the appropriate means of disposal of surplus property based upon criteria such as value, competition, property type and market conditions. The method of Disposal may include:

-          Competitive bid process — offered by public bid process in accordance with

criteria established by the Manager Realty and Property Services or the Director Corporate Services

-          A direct sale to a specific party, as approved by Council

-          Land exchange — lands to be exchanged for other lands deemed suitable or

necessary for the City at the same or higher value, unless otherwise approved by Council. All proposals will require the approval of City Council by report.

All land, with or without improvements, shall be sold on an “as is” basis. The value applied to the sale of a road allowance, lane or alleyway will, in most instances, be based on values established by an Appraisal for purposes of road related acquisition and sale for road widening purposes. Some urban values may require specific valuations as circumstances dictate and as identified in the Real Property Acquisition and Disposition Policy. If both abutting landowners would like to obtain the road allowance, lane or alleyway, nominal consideration for the land can be considered.

lf an abutting property owner submits written notice of interest in purchasing the property, the land will be divided in a manner deemed to be fair and appropriate and offered to the interested parties. Generally, the Municipality will convey half of the width of the road allowance, lane or alleyway to each abutting land owner unless there is an agreement between the abutting landowners (which agreement may include a landowner’s written expression that it does not wish to purchase any portion of the road allowance). There may be instances where Council will need to allocate the road allowance differently due to specific circumstances and the allocation decision ultimately lies with Council. Applications for closure of “portions" rather than the entire road allowance may be considered at the discretion of Council. Every effort will be made, where possible, to also offer the road allowance, lane or alleyway to the adjacent property owners.

Upon the conveyance thereof, any road allowance, lane or alleyway shall be required to merge in title with the abutting owner’s property as it is not intended to create a separate lot. Purchasers of road allowances, lanes or alleyways should be made aware that such purchases may result in an increased land assessment value. The City is under no obligation by virtue of the conveyance of any road allowance, lane or alleyway to grant or support any approvals, including changes to the Official Plan or Zoning By-law or with respect to any other matter, including but not limited to site plan control, minor variances and building permits on such terms as are considered reasonable by Council.

The City of Belleville may choose to close a road allowance, lane or alleyway and not convey it to the adjacent property owners but retain as City property at Council’s discretion.

A request to close and convey a road allowance, lane or alleyway will not proceed if:

a)        There is a municipal or legislated use for the road allowance, lane or alleyway.

b)       An owner of land will be deprived of their sole vehicular access to their land as a result of the closure.

c)        An owner of land will be landlocked as a result of the closure.

d)       A majority of property owners with land abutting a road allowance, lane or alleyway object. Property owners who do not respond to circulations will be considered in the determination in support of a request.

e)        The request conflicts with Official Plan Policy                                                             

f)       The parcel of land leads to or abuts any body of water.

If any of the above conditions are met, City staff will advise the Applicant that the request is denied. In the event that the transfer of title is not completed within one (1) year from the date Council authorizes the declaration of surplus, the approval of such transfer of title will lapse. Any subsequent requests shall be subject to the provisions of this Policy in force at such future time, in all respects and require a new application and applicable fees.

The Director of Corporate Services and the Manager of Realty and Property Services are responsible for the administration of this policy and processing of the closing and conveying of road allowances, lanes and alleyways for the City of Belleville.

3.0     Definitions/Acronyms (As Required)

For the purposes of this policy:

“Applicant” includes an individual and/or a corporation or any other legal entity and their successors, assigns, heirs, executors, administrators, or any other legal representatives of a person to whom the context may apply according to law.

“As is” means without regard for state of repair, location of any and all structures, walls, retaining walls or fences (freestanding or otherwise) or encroachment by buildings or fences or otherwise, on the land or adjoining properties or streets, and without warranty or representation as to use, environmental contamination, hazards or risks.

“Appraisal” means a written opinion of the current Fair Market Value of property, the conditions and limitations at the time of the opinion or estimate of value. An individual accredited by the Appraisal Institute of Canada, may prepare the Appraisal. The form and content of the report shall be at the discretion of the Manager Realty and Property Services.

“City” means the Corporation of The City of Belleville.

“Council” means the Council of the Corporation of The City of Belleville.

“Land” means real property owned by the Corporation of City of Belleville.

“Fair Market Value” the most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.

“Property Identification Number (PIN)" Every Ontario property has been assigned a unique 9-digit electronic identification number for unique numerical indexing of legal description-based property identification.

“Real Property” real property includes land, buildings, anything that is erected or growing on or affixed to the surface of the land, minerals and anything subsurface, and all rights issuing out of, annexed to, and exercisable without or about land such as leases, licenses, mortgages, air rights, easements and rights of access.

“Real Property Rights” any right, interest or benefit in land, but is not limited to, fee simple acquisitions, leases, licenses, options, permits, air rights, density transfers, permanent easements, rights-of—way, linear corridors, and other limited interests such as joint-use agreements, temporary working easements, access easements, permissions to enter and construct, and any other legal binding agreement related to the acquisition of property rights for the City of Belleville.

“Surplus” means property that The City of Belleville no longer requires to meet its current or future needs;

“Surveyor” means the services of an Ontario Land Surveyor to prepare a new reference plan of the subject road allowance, lane or alleyway. The form and content of the reference plan shall be at the discretion of the Manager Realty and Property Services.

4.0      Process

4.1       The applicant is responsible for all fees associated with this process, including but not

limited to, the application fee, legal fees, reference plan of survey, and the cost for the purchase of the road allowance, lane or alleyway. There shall be no expenses to the City of Belleville. In the event that an applicant fails to pay the costs incurred within six (6) months of Council passing the applicable by-law, all outstanding costs will be added to the tax roll and collected in the same manner as taxes pursuant to Section 398 of the Municipal Act, c.25, S.O. 2001, as amended.

4.2       The applicant must complete the application form and submit it to the Manager of Realty

and Property Services, with payment of applicable fees made at time of submission. The required application fee is in accordance with the current year City of Belleville Fees and Charges By-law. This amount is a non-refundable application fee. Any application will not be processed until the fees are paid and will be considered terminated if inactive for a period of one (1) year at which time a new application and paid fees will be required. 

4.3      A legible plan MUST be attached to the application form, which clearly demonstrates the area of unopened road allowance, lane or alleyway requested to be purchased.

4.4      The Applicant will be responsible for contacting all owner(s) of the property adjacent to

the allowance to determine if those property owners wish to purchase the portion of the road allowance for which they would be eligible to purchase. lf that property owner does wish to purchase their portion, they must also complete an application, with applicable fees, for consideration. Upon the mutual consent of the participant(s), if two (2) or more applicants join in one (1) application, costs for each participant may be shared, and can be reduced.

4.5       Upon receipt of a completed application and the required fee, the Realty and Property Services Department will provide an internal and external electronic circulation of the request including maps and forward all pertinent information for their review and comments for a period of thirty (30) days, to determine any requirements that the City or outside agency (Hydro, gas etc.) may have including, but not limited to, the establishments of easements, drainage easements or covenants on title, installation of culverts or other such measures as required to protect the future needs of the City.

4.6 All requests for road allowance, lanes or alleyway closings, where physically possible,

shall be inspected by municipal staff. All requests for road closures made between November 1st and March 31st, may be placed on hold until a complete and unobstructed site inspection can be scheduled unimpeded by winter access limitations.

4.7 All lands for consideration must be declared surplus by passing of a Resolution of

Council.

4.8 The Municipality will arrange for a Public Notice, informing the public about the

proposed road closing. An advertisement shall be placed in at least one newspaper having general circulation within the local area once a week for a minimum period of three consecutive weeks advising a map and legal description of the road allowance and the date, time and location of the Council meeting at which this item will be considered. The Notice shall also be posted on the municipal website.

4.9 Any objections received from the public on a specific closing and deemed valid by Staff,

will be referred to Council. Any person, who feels the ingress or egress to their property may be affected, can file an objection to the application. Council shall determine the merit of any objections raised prior to providing a final decision to enact a By-law to stop-up, close and dispose of the subject road allowance.

4.10 Applications will not be approved if it is deemed:

a) to have a negative impact on neighbouring owners of land; or

b) other land owners may be deprived of the sole vehicular access to their

property; or

c) closure will result in conflicts with Municipal Official Plan policies, by-law regulations or procedures previously adopted.

4.11 The Municipality will provide a sign(s) to the applicant, in which the sign(s) must be posted to clearly identify the subject road allowance for a period of fourteen (14) days minimum. The posting of the sign(s) at the subject property will be the responsibility of the applicant and notice must be permitted to remain for the required period of time.

4.12 Municipal staff will prepare and present a report to Council for the approval or denial, to stop-up, close and offer for sale the subject road allowance.

4.13 If Council approval is granted, the Manager of Realty and Property Services will engage the services of an Ontario Land Surveyor to prepare a new reference plan of the subject road allowance, lane or alleyway. The road allowance, lane or alleyway must be identified as a part on the reference plan that can be registered for merging purposes. A road allowance, lane or alleyway must be joined in title with the abutting property. It will not be permitted to be a stand-alone property. Upon receipt of the draft plan, Municipal staff will review and if satisfied, the Manager of Realty and Property Services will direct the surveyor to deposit the survey at the Ontario Land Registry Office.

4.14    Once all approvals have been obtained as set out above, the City’s solicitor will provide the transfer documents, as well as the Acknowledgement and Direction to the Manager of Realty and Property Services to be signed first by the Applicant (s) and then by the Mayor and the Clerk, which will effectively result in the registration of the By—law authorizing the transfer. The Applicant(s) will be responsible for any legal costs and any Land Transfer Tax.

4.15     Final approval of the required By-law will not be given until the current realty taxes on the applicant’s property are paid in full and the account is up to date.

4.16     Municipal staff will prepare and present the By—law to Council, to authorize the Mayor and Clerk to execute the transfer documents.

4.17    All executed documents will be returned to the City’s solicitor for registration. Only the City solicitor will be authorized to register documents on behalf of the City of Belleville.