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HomeMy WebLinkAboutAdmin 73-84e CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1 C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD SEPTEMBER 4 1984 ADMIN. 73 - 84 SUBJECT: CONVEYANCE TO TOWN OF NEWCASTLE - MR. JAMES MAJOR RIGHT-OF-WAY, ORONO RECOMMENDATIONS: TELEPHONE 623-3379 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. That this report be received; and 2. That reports PD -88-84 and ADMIN. 55 - 84 be received for information; 3. That Mr. James Major be requested to convey to the Town of Newcastle the travelled portion of Station Street indicated in Key Map #2 attached to staff report PD -122-83; and 4. That in consideration of the aforementioned conveyance, the Town shall provide comments to the Region of Durham Land Division Committee to support the severence of one lot from Mr. Major's property, said conveyance being conditional upon the approval of the Durham Region Health Unit. Further, that the Town of Newcastle will pay to Mr. Major $1800 as well as forgiving the lot levy of $625. In addition, the Town will pay all reasonable legal and survey costs associated with the proposed conveyance and that these costs be paid for out of Account #2900-X-3 (Municipal Acquisition of Real Property). BACKGROUND AND COMMENT: As I am sure Council members are aware, this matter has been before Council on numerous occasions. At the last General Purpose and Administration Committee meeting staff were instructed to discuss the recommendations contained within Administrator's report ADMIN 55 - 84 with Mr. Major. Staff met with Mr. Major to obtain his comments. g Mr. Major is generally content with the arrangements that have been I' ADMIN. 73 - 84 made by the Town. He is, however, most upset with the Region and the distinction that has been drawn between his property and that of the abutting neighbour, Mr. McLaren. His displeasure is compounded by the efforts and money he has spent to resolve property boundary problems along Station Street. From about 1970 through to 1975, Mr. Major was involved in a boundary dispute involving the southern limit of his property. When Station Street was originally surveyed the railroad took a survey point some distance removed from the actual right-of-way as their base survey point. Over the years a number of inconsistencies were discovered. As a result it was necessary for Mr. Major in establishing the propery boundary of the southern limit of his property to appear before the Boundaries Act Tribunal in 1975. The total till i for the survey and legal work conducted to establish the southern limits of his property was in excess of $1700. While Mr. Major did benefit from the survey work in establishing a southern boundary to his property, there are many ocher parties that have since used this benchmark in establishing surveys for the proposed conveyance of properties. Given this situation it would appear that there is some communal benefit that was conducted by Mr. Major. It is therefore assumed that approximately $1000 of the total survey cost of approximately $1700 could be absorbed by the Town as part of the community benefit of Mr. Major's earlier work. By adopting this course of action, I believe the Town is being truly consistent with the approach being taken with Mr. Major and Mr. McLaren. It is truly unfortunate that Mr. Major cannot resolve his problems with respect to the conditions that mighL be placed by the Region. Given the position of the Region and that of Mr. Major, it would be appropriate for the Town to adopt this report which would bring the matter to a hearing before the Regional Land Division Committee. At that time Mr. Major may wish to make direct representation to the Committee with respect to the levies to be charged against the proposed lot. At that time the Committee may accept his arguments or reject same. If such arguments are rejected, Mr. Major would still have a right to appeal the condition '-- ADMIN. ADMIN. 73 - 84 of reverence to the Ontario Municipal Board for yet another hearing. It is clear from discussions with Mr. Major that he is satisfied with the treatment offered him by the Town. Respectfully submitted, DSJ:nof David S. Johnston, M.C.I.P., Chief Administrative Officer q;; ,. 9Y CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L7 C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD JUICY 16 1984 ADMIN. 55 - 84 SUBJECT: Station Street Right -of -Way, Part 3, Plan 1OR-1744, Orono James Major RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report ADMIN. 55 - 84 be received for information; 2. That the Town credit to Mr. Major an amount equal to $1,800 plus lot levies for one lot ($625). All other conditions would remain as outlined in,PD- 88 - 84; 3. That except as noted PD- 88 - 84 be approved; 4. That Mr. Major be advised of Council's decision. TELEPHONE 623.3379 BACKGROUND AND COMMENT: At the April 24th 1984 Council meeting by Resolution #C-276-84 Report PD -88-84 was referred to ,the Chief Administrative Officer to confer with the Town's solicitor.and report back to the General Purpose and Administration Committee on his findings. The matter was referred to the solicitor immediately following the Council meeting. There was; however, some difficulty finding the legal case referenced at the Council level as the newspaper article noted had not correctly identified the affected municipality. As it turns out the case quoted occurred in the Rideau Township in the Region of Ottawa --"Carleton. Mr. Sims has advised that he does not feel that the case referenced affects Council's 'legal position with respect to Station Street. (See attached June Letter from Mr. Sims.) As indicated in Mr. Sims' May 31st letter, a copy of which is attached, the Town has acquired possessory title to the property. Accordingly the Town can not y be forced to acquire the land. Further, Mr. Sims has indicated that c ADMIN. 55 - 84 any waterline installed on the roadway would enjoy the same benefit. There is a long history to Mr. Major's interest in having the municipality purchase that portion of Station Street which he owns. Prior to Regional Government, Clarke Township paid for a survey to be prepared which would identify the contemplated transaction. Discussions have been extensive and at times frustrating for both Mr. Major and Town representatives. Mr. Major has indicated that he wishes to receive the same treatment from the Town as was received by Mr Maclaren who the Town also supported in his application for a severance on Station Street in exchange for a land dedication. The Town has indicated a willingness to apply the same conditons to Mr. Major that were applied to Mr. Maclaren. In reviewing the Maclaren file, a small discrepancy between the approaches was noted. IN order to be consistent with both applications it is recommended that the lot levy of $625 be awarded as well as providing $1,800 as the value of the land that is being acquired by the Town. If there is a discrepancy between Mr. Major's situation and that of Mr. MacLaren it has occurred at the Regional level. In the case of Mr. MacLaren, the Region exempted the payment of Regional Development Charges for water levy ($1,620) and Water Frontage Charges ($3,375.67) for a total of $4,996.67. Unfortunately for Mr. Major, the Region has drawn a distinction between the two properties. The result being that Regional levies for water ($830) and Water Frontage Charges ($3,258.75) will have to be paid. if the $2400 in credit by the Town were applied against the Regional levies there is still a shortfall of $1688.75. Despite staff's desire to resolve this property matter, the only technical option worth considering is to ask for a re -appraisal of the land. Such a.re-appraisal might result in a narrowing of the gap between what ADMIN. 55 - 84 Mr. Major will accept and the town's technical position. It is unlikely that a further appraisal will eliminate this gap. A further appraisal would cost in the neighbourhood of $500 to $600. DSJ:nof I Respectfully submitted, David . Johnston, M•:C:I.P., Chief Administrative Officer 0 E V(.�� 4 � CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T. T. EDWARDS, M.C.I.P., Director HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEN MEETING OF APRIL 16, 1984• REPORT NO.: PD -88-84 SUBJECT: CONVEYANCE TO TOWN - PART 3, PLAN IOR-1744 STATION STREET RIGHT-OF-WAY, ORONO OUR FILE: LD 317/82. RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report PD -88-84 be received; and 2. That Mr. Major's request of March 6, 1984 be denied; and 3. That the Town's position in respect of the applicant's proposed severance remain as follows: "Approval of the severance of Part 2, Plan IOR-1744, conditional upon the conveyance of Part 3, Plan IOR-1744 to the Town of Newcastle and satisfying the Town's requirements financial and otherwise." ...2 REPORT NO.: PD -88-84 Page 2 BACKGROUND AND COMMENT: On October 11, 1983, Council considered Staff Report PD -150-83 and approved the following Resolution #C-758-83: "THAT the recommendations in Report PO -150-83 be endorsed; and 1. That Staff Report PD -122-83 be received; and 2. That Staff Report PD -150-83 be received; and 3. That Mr. James Major be requested to convey to the Town of Newcastle the travelled portion of Station Street indicated on Key Map 2 attached to Staff Report PD -122-83; and 4. That in consideration of the aforementioned conveyance, the Town shall provide comments to the Region of Durham Land Division Committee in support of the severance of one (1) lot from Mr. Major's property, said severance being conditional upon the approval of the Durham Regional Health Unit; and further that the Town of Newcastle will pay to Mr. Major the cost of a water connection to the proposed severed lot, up to the value of Eighteen Hundred Dollars ($1,800.00); and further that the Town will pay all legal and survey costs associated with the proposed conveyance and that these costs be paid for out of an account to be designated by Council; and 5. That the following resolution be forwarded to the Regional Municipality of Durham for their consideration: "WHEREAS the Corporation of the Town of Newcastle has deemed it adviseable to acquire certain lands occupied by part of the travelled portion of Station Street in Orono and comprising Part of Lot 28, Concession 5, geographic Township of Clarke in order to obtain municipal ownership of an appropriate road allowance for Station Street; AND WHEREAS such acquisition will allow Mr. J. Major to apply for land severance for one (1) residential lot fronting on Church Street, Orono; ...3 (CV REPORT NO.: Pn-88-84 Page 3 AND WHEREAS such acquisition recggnizes previous commitments to the development of residential lots on the Major property; BE IT NOW THEREFORE RESOLVED that the Region of 'i Durham is hereby requested to consider charging i only the service connection charge applicable to the development of the residential lot..", "CARRIED" Acting upon Council's directions, Staff advised both the applicant and the Region of the Town's position. By letter of December 12, 1983, the Region advised that they would not be waiving levy and frontage charges as requested by the Town, and that charges would be due in accordance with .Regional policy. There was no explanation provided by Regional Staff to indicate that there was any difference between the subject application and the previously consider- ed application by Mr. Mac Laren. By letter of January 11, 1984, Town staff advised Mr. Major of the Region's position, and requested a written indication of how this decision would affect his position in respect of the conveyance. * Mr. Major replied by letter of March 6, 1984, copy attached, 1 and indicated that the Town's previous offer of Eighteen Hundred Dollars ($1,800.00) was no longer acceptable. He I now indicates that he would like exactly the same settlement ' as Mr. MacLaren received, being payment of an amount of Three Thousand, Eight Hundred and Sixty Dollars ($3,860.00), i plus payment of all Regional charges. Staff Report * PD -150-83, copy attached, detailed the basis for the Mac Laren settlement, and as such, Staff will not repeat them here. Suffice it to say, that exactly the same rationale has been applied in this case. ..4 REPORT NO.: PO -88-84 Page 4 Mr. Major's request is therefore, inconsistent with the Town's previous actions, and in Staff's opinion, should be denied. The settlement offered to Mr. Major is fair and equitable under the circumstances, and Staff are unable to recommend any changes to the Town's present position. At the present point in time, the Regional Land Division Committee has been advised that the Town would have no objection to the proposed severance to create one (1) additional lot, conditional upon the satisfactory conveyance of the road allowance to the Town, and satisfaction of all other Town requirements, financial or otherwise. Failing any alternate direction from Council, Staff will proceed in accordance with Resolution #C-758-83, and will file any necessary appeals, should the Land Division Committee approve the severance application without regard for the Town's requirements. Respectful] b ' ted, T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p *Attach. March 26, 1984 Applicant: Mr. James Major Station Street ORONO, Ontario LOB IMO •/`^(• /� 1. �"-r'`�l; / q "-.r /TIS V 1.�-rsL C•� �:.CL t(���' / CA i'f��r— � J �'i rrL•:./��y4y��'L999}_. /1��Z.��-2�Lj�1+-Lt s\�///�iCiw/�' lL'f�lV.•'ar sL CIL /HCl/" ICAvrJ"�YINI� he r 'G��\ •vyt.�7 .acr.c�tr�y Jr ` GL tCV 2d0oc.0,a ✓ tea C /fZ�r�'i�a/i� �//G,nid� a:.,.. a o��� �= 6 0 , o a� Q,L•--�( MAR 7 19&1 TOWN OF NEWCASRE r :s CORPORATION OF THE TOWN OF NEWCAST(F PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1Jo T. T. EDWARDS, M.C.I.P., Dlreclor TEL. (416)263-223 REPORT TO THE COUNCIL MEETING OF OCTOBER 11, 1983 REPORT NO.: PO -150-83 SUBJECT: CONVEYANCE TO TOWN - JAMES MAJOR STATION STREET RIGHT-OF-WAY, ORONO OUR FILE: Ln 317/82 RECOMMENDATION: It is respectfully recommended that Council approved the following: 1 . That Staff Report PO -122-83 be received; and 2. That Staff Report pp -156-81 he rece4 a��nd J 3• That Mr. James Major be requested to convey to the Town of Newcastle the travelled portion of Station Street indicated on, Key Map 2 attached to Staff Report PD -122-83; and 4. 1 That in consideration of the aforementioned conveyance, the Town shall provide comments to the Region of Durham Land Division Committee in .support of the severance,, of one (1) lot from Mr. Major's property, said severance being conditional upon the approval Of the Durham Regional Health Unit; and further that the Town of Newcastle will pay to Mr. Major the cost of a water connection to the proposed severed lot, up to the value of Eighteen Hundred Dollars ($1,800.n(I); and further that the Town will pay a1lAlegal and survey costs associated with the proposed conveyance and that these costs be paid for out of an account to be designated by Council; and ...2/ ItEfDNT NO. PD -15D-63 Page 2 5. That the following resolution be forwarded t.; the Regional Municipality of Ourham for their consideration: "WHEREAS The Corporation of the Town of Newcastle has deemed it advisable to acquire certain lands occupied by part of the travelled portion of Station Street in Orono and comprising Part of Lot 28, Concession 5, geographic Township of Clarke in order to obtain municipal ownership of an appropriate road allowance for Station Street; AND WHEREAS such acquisition will allow Mr. J. Major to apply for land severance for one (1) residential lot fronting on Church Street, Orono; AND WHEREAS such acquisition recognizes previous commitments to the development of residential lots on the Major property; BE IT NOW THEREFORE RESOLVED that the Region of Durham is hereby requested to consider charging only the service connection charge applicable to the development of the residential lot"; BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting Of October 3, 1983, the Committee considered Staff Report PD -122-83 in respect of requests submitted by Mr. James Major of Orono related to the conveyance of a portion of land required as a Municipal right-of-way for Station Street and his conditions for such conveyance. As a result of the Committee's consideration, it was resolved that staff should contact Mr. Major to ensure that he was aware of the contents and implications of the recommendations of Staff Report PD -122-83. Following therefrom, staff contacted Mr. Major and ascertained that although his letter of August 28, �. 1983 only made reference to the severance of one (1) lot .3/ REPORT NO.: PD -150.83 Page 3 and payment of an amount equal to the cost of one (1) water connection, he was in fact requesting an identical settlement to that reached with Mr. McLaren in respect of abutting lands to the east. As Council will recall, an agreement was reached with Mr. McLaren in order to effect a transfer of lands required for the Station Street right-of-way. That agreement included the following: - Conveyance by the Town to Mr. McLaren, of five (5) parcels of land; - Payment of all legal and survey costs associated with the transfer of lands; - The waiving of applicable development charges; - Forwarding of a recommendation to Regional Council, that Regional levies and frontage charges also be waived. In reaching this,agreement it was assumed that the value of the lands being conveyed by the Town, plus the applicable lot levies was equivalent to the value of the lands being conveyed by Mr. McLaren to the Town. Therefore, the only additional consideration was the payment of legal and survey costs since the transaction involved a land for land and cash transfer. With respect to the legal and survey costs, it would appear that the basis of this consideration was the fact that if the Town had proceeded to expropriation, we would have incurred certain legal and survey costs in any event. In that regard, it should be noted that the Town paid to Mr. McLaren a sum of Three Thousand, Eight Hundred and Sixty Dollars ($3,860.00) to cover those costs reflecting an amount already expended by Mr. McLaren in pursuit of this ...4/ RFPORT Nn.: Pb- ISO -83 Page 4 transfer of lands. Out of this however, Mr. McLaren was himself, responsihle for payment of water connection charges for any new lots created. In comparison, Mr. Major is proposing the conveyance of a Portion of a road allowance with an estimated value of Eighteen Hundred Dollars ($1,8no.00) in exchange for payment for one water connection. The value of a water connection is estimated at Fifteen Hundred Dollars ($1,500.00), but may be more or less depending upon actual costs incurred at the time of installation. It is not unreasonable therefore, for the Town to pay for one water connection and forgive a portion of the lot levy up to but not exceeding a combined total of Eighteen Hundred Dollars ($1,800.00). Similarily it is not unreasonable for the Town to assume payment of legal and survey costs given Council's decision in respect of the McLaren agreement AS was done in Mr: McLaten's case, Payment, should be made to Mr. Major on the basis of the value of the land. Mr. Major can then apply that payment to defray his costs which will include the water connection and Town levy. With respect to the Regional Development charges, staff can only recommend that, as in the case of Mr. McLaren, the Region of Durham be requested to waive Regional levies and frontage charges. If favourable consideration is received from the Region, then Mr, Major could expect to pay, in addition to the Regional road levy, the Town's lot levy for one (1) lot and the cost of one water connection to that lot. The Town on the other hand pay to Mr. Major, Eighteen Hundred Dollars ($1,800.00) as well as assuming all legal and survey costs associated with the transaction. Respectful] sub 'tted, V i T.T. ar M.C.I.p. D ` Director of Planning Trr.r::.. ..- KEY MAP 1 FORMER TOWNSHIP OF CLARKE Lor 1 Lor I 24 I Za � � I 08 01• Piz` KEY MAP FARMER TOWNSHIP OF CLARKE IA STREET 74-46 111-04' JOR-108 P A • 0"s or la C 4 of. X :c 3*6 12 46-44"y. lle-lo 2 12 PROPOSED LANDS TO BE CONVEYED TO TOWN tt LANDS SUBJECT TO SEVERANCE APPLICATION PRINCESS STREET 0 50 Isoti. 50 10 I 3 '4 -0 Lob I? PART 7 •PART 86 PART 17 9 7 0 0 0 0 PART 19 •7 164 32 o "H 17cp9o-1i7 4b 0 rip .$a 10 IA STREET 74-46 111-04' JOR-108 P A • 0"s or la C 4 of. X :c 3*6 12 46-44"y. lle-lo 2 12 PROPOSED LANDS TO BE CONVEYED TO TOWN tt LANDS SUBJECT TO SEVERANCE APPLICATION PRINCESS STREET 0 50 Isoti. 50 10 I Sines Brady & McInerney BARRISTERS R SOLICITORS May 31, 1984 Mr. David S. Johnston, M.C.I.P., Chief Administrative Officer, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. LIC 3A6 Dear Mr. Johnston: D. J. D. Sirpe; Q c J. F. Brady C. Cornwall -Taylor Re: Station Street Right -of -Way, Part 3,Plan 1OR-1744, Orono James Majors- Your File: LD 317/82 1984. Thank you for your letter of May 23rd, I have considered the questions which you have raised and wish to confirm that the Town has enjoyed undisputed title and access to the travelled road known as Station Street for well in excess of ten years and accordingly will have acquired a possessory title to the property. if this in fact is.the case,. we are of the opinion that the Town cannot be forced to expro- priate the land from Mr. Majors. Apart from housekeeping, there is no pressing need upon the Municipality to acquire title to the property. If the waterline is located within the boundaries of the travelled road then there is no part- icular need or concern to obtain the easement. Once the Town has acquired the possessory title to the road- way it has acquired it for all purposes. I wish to confirm that we have been unable to locate the case to which you refer. Perhaps you have some further information which will assis us. You s t u1y, E7U- IV i 1 1984 Davi J. D. Sims iY WD81mrs "STtk10 '$ I&FICE g Sir(•c•t, Box 858, Whiiby, Onuu io, I.I N 47.1 'Telephone O68.7704 Sims Brady & McInerney BARRIS'I'F:RS & SOI.IC:ITOIZS June 13,1984 Mr. David S. Johnston, M.C.I.P., Chief Administrator Officer, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. L1C 3A6 Dear Mr. Johnston: Re: Station Street, Orono A.J. ll:'Sims, q.c. J. F. Brady C. Cornwall -Taylor I enclose herewith a copy of the decision in the case of Watson v Township of Rideau et al,(1982) 36 O.R. (2d) 567. Upon a review of the Watson case it appears to have very little similarity to the situation as it exists on Station Street in Orono. However, should you have any questions please do not hesitate to get in touch with me. DJDS:mrs RECEIVED JUN l s 1984 9Y ADMINISTRATORS OFFICE Yos� ruly, Davi . 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O C y a.+ O. 7 EX i.•C p,^ ti' d'Grow'."O.'A O�•��C '' O' r.O pgCw.r _N p `� ro 4d !J 'c w�.1S J O 4. v •1J J v '7 T.> Q: •{J E r• O d V �'D Ey.E•yti u c c ro 4= �i0r 11 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON. ONTARIO L08 IJO 7. T. EDWAgDS, M.C.I.P., Dlnclor �31 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 3, 1983 REPORT NO.: PD -122-83 SUBJECT: CONVEYANCE TO TOWN - JAMES MAJOR STATION STREET RIGHT-OF-WAY - ORONO RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I . That Report PD -122-83 be received; and 2. That Mr. James Major be requested to convey to the Town of Newcastle, the travelled portion of Station Street indicated on the Key Map 2 attached to Report PD -122-83; and 3. That Mr. Major be advised that the Town of Newcastle will provide comments to the Region of Durham Land Division Committee in support of the severance of one (1) lot from his property, conditional upon approval from the Region of Durham Health Unit regarding the severance; and 4. That Mr. Major be further advised that the Town of Newcastle will pay for the cost of the curb stop to the severed lot referenced in Recommendation Number 3, up to the value of Eighteen Hundred Dollars ($1,800.00); and S. That the cost referred to in Recommendation Number 4 be paid for out of an account to be designated by Council; and 6. That a copy Of Staff Report PD -122-83 and Council's resolution be forwarded to Mr. James Major. ...2/ REPORT NO.: PD -122-83 BACKGROUND: Page 2 At its meeting of September 12, 1983, Council considered a letter, dated August 28, 1983, written by Mr. James Major of Orono, regarding a possible settlement with the Town over the Station Street right-of-way in Orono. Council resolved (Resolution #C-629-83) to refer the letter to the Public Works Department and the Planning Department for review and a report to the General Purpose and Administration Committee. The Planning Department and the Public Works Department have reviewed the matter and are now bringing this report forward for the Committee's consideration. COMMENTS: In his letter, Mr. Major proposed to convey to the Town, that portion of the travelled portion of Station Street which crosses his property, in return for the separation of 4 one (1) lot from the subject lands and payment by the Town for the cost of the curb stop for the severed lot. Mr. Major also refers to a settlement reached with Mr. A. McLaren regarding the Station Street right-of-way and a commitment made by Council on April, 1979 to acquire a' fifty foot (50') width of Station Street where possible. With respect to the "commitment" made by Council referred to by Mr. Major in his letter, Staff note that Mr. Major, Mr. McLaren, Mr. E. Woodyard and Mr. M. Brown made a Presentation regarding the Station Street alignment to the April 3rd, 1979 meeting of the Public Works Committee. The Committee resolved (Resolution /IW -71-79) that the presentation be referred to staff and that staff initiate acquisition of Station Street in total to a width of fifty feet (50') where possible. This resolution was subsequently �. endorsed by Council at its meeting of April 9, 1979 (Resolution NC -391-79). REPORT NO.: _-122-83 Page 3 The land Mr. Major proposes to convey to the Town is * indicated on the key map attached to this report. The Public Works Department has estimated that the value of the subject land is approximately Eighteen Hundred Dollars ($1,800.), based upon an appraisal of the value of similar adjacent lands. Staff note that before the conveyance can be completed however, a survey and reference plan will be required to precisely determine the location of the land to be conveyed, which will be required by the Regional Land Division Committee, in any event, in order to complete the severance. Staff contacted the Region of Durham Works Department regarding the cost of the curb stop for the severed lot. Regional staff estimated the cost would range from Fourteen Hundred and Thirty Dollars ($1,430.) to Fourteen Hundred and Ninety -Five Dollars ($1,495.); however, they also noted that the actual cost of the installation could vary from this estimate and that either a refund or further payment could be required after the installation. Based on the above evaluation, Staff are of the opinion that the cost of the land to be conveyed to the Town and the cost of the curb stop for the severed lot are of comparable value. Staff note that the power to grant consents lies with the Region of Durham Land Division Committee and that, with respect to severance applications, the Town of Newcastle is only a commenting agency to the Committee. Mr. Major's land is zoned "R-1" by By-law 1592, as amended, of the former Township of Clarke. It appears that the severance of one (1) lot from his property would be possible within the provisions of the "R-1" zone. Therefore, staff would be willing to support the severance, conditional upon Health Unit approval of the severance. REPORT NO.: PD -122-83 Page 4 Staff therefore, recommend that Mr. Major be requested to convey the travelled portion of Station Street which crosses his property to the Town of Newcastle and that, in return, the Town will pay for the cost of the curb stop for the severed lot up to the value of Eighteen Hundred Dollars ($1,800.). In addition, the Town will provide comments in support of an application to sever one (1) lot, conditional upon Health Unit approval. Respect fy N Y_—,�'09'1-VCed, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*j ip September 20, 1983 *Attach. Applicant: Mr. James Major ORONO Ontario L08 IMO J KEY MAP 01 FORMER TOWNSHIP OF CLARKE LOT I LOT I LOT LOT I LOT LOT 1 LOT I LOT I OT LOT I LOT I 33 1 32 I 31 30 I 29 28 I 27 1 26 25 24 1 23 I I I I I I I I I I I 1 I I I W I I I I I I I I I I I i I I I I I I c4` .: I I I cRccc I '1 I srari0 I LJ 1 I ^/ sr I c c 1 I of I 1 ORON z o w Subject Site i I I I �❑ , 1 1 Ia I I I I I I n I I m 1 I I I I I I a I I I I I 1 I i I I u I I I I 1 I 1 3 I I 1 I I I x I I I I I I I I I I I I I I I 1 I I I � N„ti�`' I I I `-” 0 250 500 IOOOm 500 ! I I 0 0 . 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