HomeMy WebLinkAboutAdmin 55-84M
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CORPORATION OF THE TOWN OF NEWCASTLE i
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1C3A6 TELEPHONE 623-3379
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING HELD JUIi,Y 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.
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 acquire
possessory title to the property. Accordingly the Town can not
be forced to acquire the land. Further, Mr. Sims has indicated that
'v
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
Respectfully submitted,
David t I P. ,
Chief Administrative Officer
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 COMMITTEE -
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 PD -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
REPORT NO.: PD -88-84 Page 3�
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.""
"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,
and indicated that the Town's previous offer of Eighteen
Hundred Dollars ($1.,80,0.00) was no longer acceptable. He
now indicates that he would like exactly the same settlement
as Mr, Mac Laren received, being payment of an amount of
Three Thousand, Eight Hundred and Sixty Dollars ($3,860.00),
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.: PD -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.
Respectfull b tedQ,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*jip
*Attach.
March 26, 1984
Applicant: Mr. James Major
Station Street
ORONO, Ontario
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IN
TOWN OF NEWCASTLE
CORPORATION OF THE TOWN OF NEWCASTIF
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1J0 T. T. EDWARDS, M.C.I.P„ Director
TEL. (416)263-2231
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: LD 317/82
RECOMMENDATION:
It is respectfully recommended that Council approved the
following:
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
riealth 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.n0); 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
...2/
REPORT NO.: PD -150-R3 Page 2
5- that the following resolution be forwarded t,,;
the Regional Municipality of Durham 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 -1z2-83 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/
RFPORT NO.: PI1-150-83
G'
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/
REPORT NO.: Pb-1S0-83Paye A
transfer of lands. Out of this however, Mr. McLaren was
himself, responsible for payment of water connection charges
for any hewrlots created.
In comparison, Mr. Major is proposing the conveyance of a
portion of a road allowance with an estimated value of
Eighteen Hundred Dollars ($1,800.00) 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.- McLaren'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,
M.C.I. P. w
G ` Director of Planning
TTE*j i p
KEY MAP
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PROPOSED LANDS TO 13E
CONVEYED TO TOWN
LANDS SUBJECT TO
SEVERANCE APPLICATION
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Sims 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.
L1C 3A6
Dear Mr. Johnaton:
1984.
D. J. D. Sim§�qx,
J. F. Brady
C. Cornwall -Taylor
Re: Station Street Right -of -Way, Part
3,Plan 1011-1744, Orono
James Majors- Your File: LD 317/82
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.
E�ry �+ 7�'�a You s t u1y,
0. E .9. �/ E ,D
JUN _ 11984 Davi J. D. Sims
GW lj#ii5 Mrs
AIM'`:73A;""C37'S opFI�F.
8 Sweet, Box 358, Whithy, Ontario, LI N 4Z1 Telephone 668-7704
Sires Brady & McInerney
BARRISTERS & SOLICITORS
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
1). 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
i1la�;�& 61 6+J!
JUN 131984
Sv
ADMINISTRATOR'S OFFICE
Yo�r ruly,
David D."Sims
ng S"' ' R,)x 358, Wbilby, Ontario, LIN 9%I 'Felephonc 668-7704
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CORPORATION OF THE TOWN OF NEWCAS LE
PLANNING AND DEVELOPMENT DEPARTMENT T. T. EDWARDS. M.C.I.P.. DIr*CI0r
HAMPTON. ONTARIO LOB 1J0
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
�31
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:
1. 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
PO-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
5. 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 PO-122-83 and
Council's resolution be forwarded to Mr. James Major.
...21
I
REPORT NO.: PD-122-83
Page 2
BACKGROUND:
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
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.
Mc Laren 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.
Mc Laren, 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 qW-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 pC-391-79).
ta>
REPORT NO.: t--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-l" 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.
Respectf ed
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
September 20, 1983
*Attach.
Applicant: Mr. James Major
ORONO
Ontario
LOB 1MO
KEY MAP 01
w
ME.:
FORMER TOWNSHIP OF CLARKE
LOT I LOT I LOT LOT I LOT LOT LOT I LOT I OT LOT I LOT ►
33 I 32 I 31 30 I 29 28 I 27 I 26 25 24 I 23
I I ► ►
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0 250 500 1000al
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KEY MAP *2
FORMER TOWNSHIP OF CLARKE
ue oo'�--y -
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IA STREETF34-3j. ----
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PROPOSED LANDS TO BE
CONVEYED TO TOWN
LANDS SUBJECT TO
SEVERANCE APPLICATION
PRINCESS STREET
— -•-
o sa isori.
50 _ 10_