Surplus Property
Realty Services will identify property as being non-viable or viable. A property that is considered non-viable would be suitable for direct sale and a property that is considered viable would be suitable for an open market sale. If a property was identified as eligible for direct sale, Realty Services will wait for an adjoining landowner to identify an interest in purchasing the property as a lot addition. If the property has been identified as eligible for an open market sale, it will be listed on the open market with a Real Estate agent.
Direct Sale (Non-Viable Property/Lot Addition)
To initiate the purchase of a surplus property, applicants must submit an application and review the associated costs. The application is reviewed by the Land Management Team, which meets six times per year. If the request is approved, the applicant must submit a non-refundable deposit, credited toward final closing costs or City-incurred expenses if the applicant withdraws.
Process Summary
- Submit an Application – Complete the online application and review the associated costs before submission.
- Land Management Review – Applications are reviewed by the Land Management Team, which meets six times a year. If approved, a non-refundable deposit is required to proceed. If declined by Land Management Team, applicants may request a deputation before Council.
- Deposit - A $1,000 deposit is required.
- Public Notice - The proposed sale is advertised on the City's website.
- Council Report - A report is presented to Council for approval. Public objections may be considered.
- Utility Consultation - Utilities are consulted for any required easements.
- Reference Plan & Appraisal & Deposit– A non-refundable deposit is required (amount quoted by surveyor and appraiser).Once deposit is received, the property is surveyed and appraised at the applicant’s expense.
- Agreement of Purchase and Sale - The agreement is prepared, signed, and returned.
- By-Law Approval - Council passes a by-law authorizing the sale. Once registered, legal counsel finalizes the transaction.
The process typically takes 12-18 months. If the applicant withdraws, they are responsible for all costs incurred to date.
Understanding the Surplus Land for Direct Sale Process
1. Application Submission
The initiation of the process to purchase surplus property is through submitting an application to Realty Services. Prior to submitting an application to Realty Services, please review the general costs associated with this application. The application is advanced to the Land Management Committee meeting for consideration. Realty Services has six scheduled meetings a year and matters can be deferred (if the agenda has a high volume of requests) to the following meeting. Realty Services will receive the minutes from the Land Management Team meeting and send a letter outlining the decision made.
2. Land Management Review & Decision
In the event the Land Management Team declines your request, you have the option to proceed with a deputation. Deputations are scheduled through the Clerks Department.
In the event the Land Management Team has no objection to your request, you would be required to submit a deposit (non-refundable) to proceed with the public advertising. This deposit will be credited towards the final closing costs, or against the costs incurred to date if the applicant decides to no longer proceed with the transaction.
3. Public Notice
Realty Services will require a deposit (non-refundable) to proceed with the public notice. This deposit will be credited towards the final closing costs, or against the costs incurred to date if the applicant decides to no longer proceed with the transaction. The purpose of the public notice is to ensure the public is formally made aware of the City of Kawartha Lakes’ intent to dispose of a public asset in an open and transparent venue. This process provides the public with the opportunity to advise Council of any reason they feel Council should consider prior to disposing of an asset or how it would effect the enjoyment of their property. This portion of the process provides the applicant with acknowledgement from Council. Staff is not able to bind Council. Realty Services will complete a Report to Council providing the background of the matter, outlining the Land Management Team’s recommendation and request permission to proceed with the sale.
4. Council Approval & Pricing
Council has directed Realty Services to proceed with disposing of unopened road/shoreline allowance as a set price. The current set price is $2.50 per a square foot of interior road allowance, $3.50 per a square foot of shoreline road allowances adjacent to a river and $9.00 a square foot of shoreline road allowances adjacent to lakes. The City of Kawartha Lakes’ land is an asset and from time to time Council may decide to proceed to dispose of the unopened road/shoreline allowance through fair market value. If Council decided to proceed in this direction, the applicant would be responsible for the additional expense of an appraisal.
5. Utility Consultation
Realty Services will complete a utility consultation. The utility consultation is necessary to preserve any interest in the unopened road/shoreline road allowance. The interest is preserved through retaining an easement in favour of the appropriate utility company prior to closing of the sale.
6. Reference Plan and Appraiser & Deposit
Realty Services will proceed with obtaining quotes from Ontario Land Surveyors to obtain a deposited reference plan. Staff will send correspondence to the applicant requesting a non-refundable deposit in the amount quoted by the Ontario Land Surveyor. Upon receiving deposit, Realty Services will proceed to retain the Ontario Land Surveyor and an estimated completion time is provided.
When the survey is completed and in the event an appraisal is required, Realty Services will obtain quotes from appraisers. Staff will request a non-refundable deposit from the applicant in the amount of the quote received from the appraiser. Upon receiving the deposit, staff will proceed to retain the appraiser. If the appraisal exceeds $50,000.00 staff are required to provide a copy to Council in confidential session. This could cause the process to be extended depending on Council dates.
7. Agreement of Purchase and Sale
Realty Services will complete the agreement of purchase and sale. The agreement of purchase and sale will be sent to you for you/your solicitor’s review. Once you are comfortable, you will execute and return the agreement of purchase and sale with your solicitor’s contact information.
8. Final Approval & Closing
Once the agreement of purchase and sale is received, Realty Services will proceed to bring a by-law to Council, which will provide the City of Kawartha Lakes with the permission to be able to conclude the sale. This is the last opportunity in the regular procedure for Council to decline the sale. The applicant is obligated to pay all outstanding funds Realty Services has incurred from their sale to date.
Realty Services sends the fully executed agreement of purchase and sale to the solicitor to arrange a closing date with the applicant’s solicitor and complete the transaction. This process is estimated to take between twelve to eighteen months to complete. In the event the applicant decides to cancel the process at any time, the applicant is responsible for all costs incurred (up to the date of cancellation) by Realty Services for their transaction.
Open Market Sale (Viable Property)
Realty Services prepares viable properties for open market sale by:
- Posting signage and advertising the proposed surplus sale.
- Providing opportunities for public feedback at a Committee of the Whole meeting.
- Obtaining a survey and appraisal before listing the property.
The property is listed at fair market value plus all expenses incurred. Realty Services cannot accept offers below the listed price. Once an offer is received, a by-law is presented to Council for approval. If approved, legal counsel finalizes the sale.
Understanding the Surplus Land for Open Market Sale
Realty Services prepares the property for sale on the open market as a viable property. While Realty Services is preparing the property, you may witness a sign posted advising that the property is proposed for surplus sale. Realty Services posts a sign on the property along with advertising on the City’s website to provide notice to the residents that the property is being considered for sale. This provides the residents the opportunity to speak to Council at the Committee of the Whole meeting to provide the opportunity to for residents to provide considerations for Council to make an informed decision on whether to proceed with the sale, or not.
If Council decides to proceed with the Sale, Realty Services will continue to prepare the property for sale. This preparation includes obtaining a survey and appraisal. Once the appraisal is obtained and all the costs are determined, the City will list the property on the open market and on the City’s website.
Realty Services will list the property with a Real Estate Agent. Realty Services is unable to accept an offer under the listed price because the listed price is the fair market value plus all expenses incurred by Realty Services.
Once an offer is received, Realty Services will proceed to Council with a by-law advising the price. If Council approves the by-law, it allows the City to execute the agreement of purchase and sale.
When the agreement of purchase and sale is completed, the matter is sent to external solicitor to arrange for the closing.