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Home My WebLink AboutWD-33-96d THE REPORT # ~ W~ Fll Meeting: GENERAL .PURPOSE AND ADMINISTRATION COMMITTEE e / Re$. 7th--d''A - ~ ~ ~- I ~O Dater OCTOBER 7, 1996 By-Law # Report #: WD-33-96 File #: C.06.09.07 ROAD4LOSURB AND CONVEYANCE, PART OF LOT 9, .CONCESSI ON 6, FORMER CLARKS Subject: .TOWNSHIP, PART 2, PLAN 40R-14432, UNOPENED PORTION OF KING STREET, HANLET OF KENDAL (HELEN & KEITH WOOD) ROCOfil~nen~l2trOel~~ectfully recommended that the General Purpose and Administration Comm ittee recommend to' Councilthe following: 1. THAT. Report WD-33-96 be received; 2. THATthe unopened portion of KingStreet, in theHamlet of Kendal, former Clarke Township, described as Part 1, Plan. 40R-14432, be declared to be surplus property; 3. THAT the selling price of the surplus property. be established at $5,600, plus all costs associated with this transaction; 4: THATstaff beauthorized to advertise a Public Hearing, required by the MunicipalACt, to stop up, close and convey that part of the unopened portion of King Street in the Hamlet of Kendal to Helen andKeith Wood; 5. THAT if, following such Hearing, Council decides to pass the by-law to stop-up, close and convey the unopened portion of King Street, the Mayor and Clerk be authorized to execute the necessary documents to complete the closure and conveyance; and 6. THAT Helen and Keith Wood be advised of Council's decision R8PORT 1.0 ATTACfOvffiNTS No. 1: Key Map No. 2: Application to stop-up, close and convey from Helen and Keith Wood RSPORT NO.: WD-33-96 PAGE 2 2.0 BACKGROS7ND 2.1 Helen and Keith Wood have made application to stop-up, close and convey the unopened portion of King Street in Kendal (Attachment No. 2). 2.2 Helen and Keith Wood own the property on both sides of the subject road allowance, shown as Parts 1, 3, 4 and 5 of Plan 40R-14432 (Attachment No. 1) . 3.0 REVIBW AND COMMENT 3.1 8xiatina Reaulatorv Framework The two (2) properties owned by the applicants are divided by the road allowance. They wish to sell the properties. There is a very small old house on Part 4 which could be sold (see Attachment No. 1). Part 1, on the west side of the road allowance, is not large enough to satisfy zoning requirements to obtain a building permit. The southerly limits of the subject lands, including the road allowance, are regulated under the Ganaraska Conservation Authority's Fill, Construction and Alteration to Waterways Regulation. The best value can be obtained from the subject lands by merging Parts 1, 2, 3, 4 and 5. 3.2 Surolus Lands The subject unopened road allowance is on the south side of Water Street extending south from the open portion of King Street to a deep ravine. The Public Works Department has reviewed the location and determined that the property has no foreseeable use as part of the municipal transportation system. 3.3 Circulation to Departmeata, Avenciea and Authorities The application was circulated to all applicable departments, agencies and authorities for their comments. There were no objections received to the proposed closure and conveyance. 3.4 Auprsised Market Values The subject road allowance is 49.5 feet x 200.81 feet irregular (9,844.56 sq. ft. +/-). Durham Appraisal Services Inc. has completed~an appraisal of the market value of the subject property and determined the market value to be $5,600. TheAppraisal Report is available for review in the Public Works Department. 1105 RBPORT NO.: WD-33-96 PAGE 3 4.0 RECONMENDATI0N3 4.1 The unopened portion of King Street has been determined to be surplus to the needs of the Municipality. The highest and best use of the land is considered to be assembly with Parts 1, 3, 4 and 5 of Plan 40R-14432 to create a 1.465 acres +/- residential lot. It is, therefore, recommended that the road allowance be stopped-up, closed and conveyed to Helen and Keith Wood for the established market value of $5,600, plus all costs associated with the transaction, in accordance with the Municipality's Policy and Procedure for Closure and Conveyance. Respectfully submitted, Stephen A. Vokes, P.Eng. Director of Public Works Reviewed by, ~y~~~<~~ W. H. Stockwell Chief Administrative Officer JCO*ph October 1, 1996 Attachments Helen and Keith Wood 4456 Concession Road 6 R.R. #1 Kendal, Ontario LOA lE0 1106 w w z _ Y WATER STREET z~ Ow ~w w /VVV/JJJV J V ^ LL O ~ ~ 1 r Z zY Q a a a ~ ~ w aw 00 z SUBJECT LIMITS OF PLAN 40R- 14432 LANDS o REGIO AL R AO 9 ~- K DA B ~ ONC SION OAD 6 m 0 a ¢ CL RK C:\ATTACHS CLARKE 40R14432.DW ro NsHrP DRAWN BY: dM DATE: SEPT. 1996 ATTACHMENT N0.1 KEY MAP WD-33-96 1107 I` ,... Mr. & Mrs. Keith Wood 4456 Concession Road 6 R.R. #1 Kendal, Ontario LOA lE0 ~.cQ,t 7~ 199 8c Mr. Stephen A. Vokes, P. Eng., Director of Public Works Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sir: RE: REQUEST TO CLOSE AND CONVEY THE UNOPENED PORTION OF RING STREET SHOWN AS PART 2, PLAN 40R-14432, BEING PART LOT 9, CONCESSION 6, FORMER TOWNSHIP OF CLARKE, HAMLET OF KENDAL Please ccnsider this letter my request to have the unopened portia-. of Ring Street, from Water Street to the southerly limit, stopped- up and closed by by-law and conveyed to me. My husband and I jointly own the property on the east side of the aubject road allowance and I own the property on the vest side. rie wish to acquire the road allowance in order to join the two properties we own. We have enquired about obtaining a building permit for the property to the west and have been advised that there is not sufficient area to comply with the zoning regulations. The road allowance divides the two properties. We would prefer to sell both properties, however, the lot to the west is of little value because permits are not available. Purchasing the road allowance will allow the properties to be joined and sold as one property. We understand that we are responsible to pay all costs associated with the closure and conveyance of the road allowance including market value for the land. Please advise us when a report would be .submitted to Council. Yours truly, Helen and Keith Wood GL ~t~ ATTACHMENT N0. 2 WD-33-96 1108 ~-~ APPLICATION FOR ROAD CLOSIIRE AND CONVEYANCE PART A - APPLICANT INFORMATION APPLICANT: Keith & Helen Wood DATE: February 28, 1996 STREET 4 Concession R.R. 1 CITY/TOWN: Kendal, Ontario PROVINCE: Ontario POSTAL CODE: LOA lE0 TELEPHONE NO.: 983-5883 PART B - DESCRIPTION OF LANDS (petitioners: Use separate sheet) RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: Town/Township: Former Village of Kendal Concession Being Lot(s) Between Concession(s) Or Block(s) According To Original Plan Part of King Street, being Part 2, Plan 40R-14432. PART C - APPLICATION TO CLOSE OR CLOSE AND CONVEY I/We Keith Wood and Helen Wood , being the owner/owners of property abutting the Municipal Road Allowance/Right-of-way as described above, do hereby request to have said road allowance closed and/or closed and conveyed in accordance with the Town's Policy for Road Closures and according to the Municipal Act, Section 301, Chapter 302, R.S.O. 1980. PART D - CONFIRMATION OF i) I/We, the undersigned, being the owner/owners of property abutting the municipal lands described above, acknowledge and agree that ownership of the lands described in Part B is vested solely in the Town of Newcastle. ii) I/We, the undersigned, do hereby confirm that I/We, have undisputed ownership of the lands abutting the Road Allowancelright-of-way described in Part B. ...2 1109 i_ f ~ ' Page 2 APPLICATION FOR ROAD CLOSURE AND PART E - APPLICANT'S TO PAY COSTS I/We, the undersigned, agree to pay all costs associated with the closure and/or closure and conveyance prior to the passing of the by- law and in accordance with the Town's Policy for Road Closure and Conveyance. PART F - LIST OF PROPERTY OWNERS ABUTTING ROAD ALLOWANCE/RIGHT-OF-WAY DESCRIBED IN PART B To the West NAME: Helen Wood ADDRESS: 4456 Concession Road ~k6, R.R.ikl Kendal, Ontario, LOA lE0 ROLL NUMBER: To the East NAME: Keith and Helen Wood ADDRESS: 4456 Concession Road 6, R.R.~kl Kendal, Ontario, LOA lE0 ROLL NUMBER: ABUTTING PART(S) Part 1, Plan 40R-19432 ABUTTING PART(S) Part 3,4 & 5, Plan 40R-14432 To the South NAME: Municipality of Clarington Part of park lands owned by Municipality ADDRESS: ROLL NUMBER: ABUTTING PART(S) NAME ADDRESS: ROLL NUMBER: ABUTTING PART(S) ~*~+*******r,******~**********+*~*+*++++**********+*~**~~~*********++*+***+* ~~~ / S IGNATURE : ~ ~ ~ ~ ~ DATE ~7l~ ,~ 9/ %~ TELEPHONE : %D 5 - 9 ~ ~ - ~ ,~~'3 1110