Declaration of Surplus Land – St. Jean Avenue (Mountjoy Township) (Timmins Economic Development Subdivision)

WHEREAS pursuant to City of Timmins By-Law No. 2023-8855 which sets out policies and procedures for the sale and disposition of municipal land.

AND WHEREAS Section 6.0 – Accountability, Transparency and Public Notice Requirements, requires that in considering a sale of City owned land, the land must be declared surplus to the needs and requirements of the municipality and prior to the land sale, notice of the disposition of the surplus lands posted on the City’s website and advertised in the local newspaper for two consecutive weeks. The purpose of such notice is to secure any comments from the public respecting this proposed land sale to be considered by Council so that Council may consider, and if applicable, incorporate into an implementing by-law.

AND WHEREAS the Council for the Corporation of the City of Timmins considers it desirable and expedient that the described land, identified as Mountjoy Concession 2, North Part of Lot 6, Plan 6R-9358, Part 3 (part of Roll No. 5627-010-092-11500) be declared surplus to the Corporation’s municipal requirements and a portion of the said land be sold directly to 9481-2757 Quebec Inc., hereinafter referred to as the Purchaser, subject to the following conditions:

• That the subject land be sold for $119,383.64 (plus HST). This price includes the land sale price of $118,491.97 and a reference plan cost of $891.67;
• That the Purchaser acknowledges that the subject land is located within the cost recovery area indicated in Cost Recovery By-law No. 2011-7133 (as amended). As such, prior to a building permit being issued, the Purchaser shall pay the cost recovery fee of $66,431.31;
• That the Purchaser acknowledges the existence of a hydro easement, identified as Plan 6R-9621, Part 2, located along the south boundary of the subject land and registered on title;
• That a 9.0 metre easement, identified as Plan 6R-9621, Part 2, and situated along the south boundary of the subject land, be registered on title in favour of the City of Timmins for the purpose of a storm sewer system;
• That the Purchaser shall have two (2) years from closing to complete the proposed development, or the Corporation has the option to re-transfer the subject land back to the Corporation for the purchase price of $119,383.64 (plus HST);
• That the Corporation has the right of first refusal to re-acquire the subject land at the original price should the Purchaser contemplate the future sale of all or part of the subject land within two (2) years of closing;
• That all expenses for both the Corporation and Purchaser related to this land purchase, including but not limited to the legal and registration costs, shall be the responsibility of the Purchaser;
• That the Purchaser shall have six (6) months to finalize this land transfer, otherwise this land sale shall be null and void; and
• That this direct land sale be approved by Council by-law.

NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Timmins does hereby declare the following described land as being surplus to the Corporation’s requirements.

Mountjoy Con 2, North Part of Lot 6, Plan 6R-9358, Part 3
Mountjoy Township
City of Timmins
District of Cochrane