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HomeMy WebLinkAboutWD-49-97,- Meeting: Date: THE REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JULY 7, 1997 1!"~,~e~ File # ~~~i~-~= Res. # SS' By-Law # Report #: **•*--..n-~~-~r Fife #: Subject: APPLICATION TO STOP-UP, CLOSE AND CONVEY THE ROAD ALLOWANCE ADJACENT TO #2 .MARTIN ROAD IN LOT 14, CONCESSION 1, FORMER BOWMANVILLE, TO RONALD AND BEATRICE rWHSC~_ Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-49-97 be received; 2. THAT the part of the road allowance described as Parts 1, 2 and 3 (Attachment No. 1), Lot 14, Concession 1, former Bowmanville, be declared surplus property; 3. THAT. part of the road allowance described as Part 1 (Attachment No. 1), in ~,ot 14, Concession 1, former Bowmanville, be conveyed to the Regional Municipality of Durham, for road widening purposes; 4. THAT a six (6) metre. storm sewer easement, described as Part 3 (Attachment No. 1), be granted to the Regional Municipality of Durham; 5. THAT the selling price of the surplus property, being Parts 2 and 3 (Attachment No. 1), be established at $8,000 plus all costs associated with this transaction; 6. THAT staff be authorized to advertise a Public Hearing, required by the Municipal Act, to .stop-up, close and convey 1146 o.o.E~~a.~.~,. -:, RBPOR't NO. s 'WD-#9-97 PALtS 2 Parts 2 and 3 (Attachment No. 1),: to Ronald and Beatrice Whyte and: to Convey Part 1 (Attachment No. 1) , to the Region of Durham; 7. THAT, if following such Hearing, Council decides o pass the by-law to stop-up,.close and convey Parts 2 and 3'(Attachment No.`1), and convey Part 1 (Attachment No. 1), the Mayor and, Clerl~ be authorized to execute the necessary documents;. 8. THAT the'Region of Durham be-notified of Council's intention to-pass the by-.law and provide authorization: by Registered: Mail to the Clerk; and 9. THAT Ronald-.and Beatrice Whyte and .the Region of Durham be :advised of Council's decision. R$PORT 1.0 ATTACf~NTS No. lc Key Map No. 2: Application for .Closure and Conveyance No. 3: Correspondence, dated June. 17, 1996,. from the Region of Durham No. 4: Correspondence, dated September 25, 1997, from Durham Appraisal Services regarding Appraisal Report No. 5: Correspondence from the Region :of Durham dated May. 13 ,- 1997 No. 6: Proposed By-law a.o sACxaROVxD 2.1 In- summary, the original application for closure. and conveyance was submitted in 1976 by John;McEwen. Before the ; transaction was completed, Mr. McEwen passed away, 2n 1985, iI47 P.':`f?F~ ,~XS `~, -s.,,s-m :rr~'°.-~r--«, yr..:r+r",rsa~ .mss. w~ ;~r Mrs. McEwen again approached the Town to purchase the road. allowance. The transaction was'not completed fora number of reasons: ik '' Newcastle P.U.C. requested an easement over the 'lands; and '' ii) Area residents. were opposed to the conveyance because there were no sidewa}.ks along Regional.-Road 57- or a walkway to the downtown: area. ' ,. In 1496, Mr. and Mrs: Whyte purchased the property from Mrs.: McEwen ,and madeapplieation for closure and-conveyance of the road allowance '(Attachment No. 2). 3.fl RIRVIEFi A'ldk3 C'T 3.1 #2 a[art;~n Rs>ad - 19'hvte Rasidenca The property,..being #2 Martin Road, requires a minor variance. a to comply with set back requirements of the Zoning By-law. In addition,, the, property has four (4) dwellft~; units and is .considered legal non-conforming. Access to the rear units and parking for tenants is provided: by using the subject road allowance. -A substantial .retaining wall .and parking facility, as well as storage structures, occupy the road allowance. If '. the road allowance is conveyed to the applcants,_minor' variance is no longer required. Parking, driveway facilities= and: storage sheds, presently located on the road allowance, are not permitted uses. Access to rear apartments would be restricted if use of the road allowance was prohibited,. . 2 '~~L~ 8t~-0II D®DaTtffiQAt9 ~geaCi®S sad #R]i~s~.9 ~... 98 The application was circulated and no objections were received'; to the closure and conveyance. 1148_ ~"" R!itPE?RT NO.: IRIS-49-97 ~ 4 s.' 3.2.1 R ~+on of Du~l~am ReauiXements i) The Region of .Durham. requires a`th~ee metre (ten .foot) road widening along the westerly. frontage of the road allowance. It is recommended that the three metre widening be granted at no cast to the "Region of Durham. ii-) The Region of Durham requires a starm_ sewer easement :from Martin Road to the .:east property limit-for maintenance purposes. 3.3 Agflraisal An_Appraisal Report was completed by the Region of "Durham, Land Purchase Division, in 1978. In 1978, the Market Value of ` the road allowance, including. the walkway which presently forms the northerly limit of the property, was 53,200. Durham Appraisal Services was requested to review the 1978 appraisal and recommended an adjustment factor of 2.S times ': the 1978 appraised value (Attachment No, 4). TY~ere€ore, the .market value is determined to be 58,000. 3.4 a.~n,i,+~ property and Me of Aovrairal " The subject lands were determined-to be surplus .property and offered for sale to the McEwena in 1986. After the appraisal. was prepared, as a result of advertising the Fublc Hearing,` residents in the area gppo®ed the closure and cotrveyance due to lack of a sidewalk along Regional Road #57 and_to the downtown area. The walkway has sines been constructed and the- lands proposed'to be conveyed are the remainder of the road allowance ,being 20.34 metres (66.7 feet). ,, ': 1149 r,~n~Y r{~R -»'K^*tw ~w:~~ rvzr s"-tea .:9~ r~~ "n..v+2 '. RNPORT N©.: i~-49-97 ~?]Ir48 5 The application ,in 1996 was submitted by Mr. and :Mrs. Ronald Whyte who recently purchased the land.: from Mrs. M~Fwen. During the real estate negotiations, both parties attended the Public Works Office to inquire about conveyance of the lands. Since Public Works considers the existing use a possible - iiability, and since Couneii had previously declared the land to be surplus, staff agreed. to have Durham Appraisal Services review the 1978 appraisal. and recommend an adjustment factor to determine current .market ::value. ~0 CONGZIISION 4.1 It has been determined that the subject road allowance is note` required for municipal purposes and, in fact, ,due to the... potential--.for. liability, it is recommended that the road allcwance be closed and conveyed to Ronald and Beatrice Whyte for $8,000, plus all coats associated with the transaction, . and_a three metre El0 foot) widening be granted to the Region' of Durham. Respectfully submitted, Reviewed by, ~~ ~ ~ Stephen A. Yokes, P.Eng. W. H oc 1 Director of Public Works. Chief Administrative Officer JCO*ph July 2; .1997 Attachments Ronald Whyte ...Beatrice. Whyte 2 Maxon Road Bowmanvlle, ON '- , 1350 RYPORT NO. : ND-49-97 PAGN 6 The Regional Municipality of Durham 105 Consumers Drive Whitby, Ontario L1N 1C4 _ 1151 P~ RP~~ ~ ~G Q PG ~P~ PAP G PART 2 ART 1 PART 3 0 a 0 / J z O / 2 MARTIN ROAD w V C9 ou'c ' y RONALD 8 BEATRI w WHYTE V Q O ¢ O ~ ~ Z F ~ Q oc U U Hi wa No. o „ Oo °oa ~ O ~ ~ O ~ °~ oooa ~^ °°~~ oDa `~ C:~ATTACHS BOWMAN WHYTEDWG ~ ~C~ ~ ] ' o DRAWN BY: JM DATE: JULY 199 7 `"° °°' ATTACITMENT N0 1 . KEY M AP 1 15 2 Page 11 APPLICATION FOR ROAD CIASURE AND CONVEYANCS PART A - APPLICANT INFORMATION i APPLICANT: I~ 1~ ~~hv~? t) tt+h~t~-. DATE: ,`? ~7 ~`1~. STREET ~ Ni.,r f tr. !!'_~~ S~. , l + CITY/TOWN: ~ ,;~c m~=~w ~ l hz PROVINCE: Vt> I _ -, POSTAL CODE : ' 1 ~. : i is `I TELEPHONE NO.: (s L i •3 ~.•`~ 3c=n (LL--. PART B - DESCRIPTION OF LANDS (petitioners: Use separate sheet) RE: MUNICIPAL ROAD ALLOWANCE/R1IGHT-OF-WAY RNOWN AND DESCRIBED AS: L ~.~.~ l ~~ - I U f~ Town/Township: `( Concession ~ Being Lot(s) ~~ Between Concession(sj ~ Or Block(s) p~~. t ~. According To Original Plan PART C - APPLICATION TO CLOSE OR CLOSE AND CONVEY I/We ~i ~ ~~. ~lyF~ U~-``~ ~~ 4~ f7Yt< .. 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. I 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 Allowance/Right-of-way described in Part B. ATTACHMENT N0. 2 WD-49-97 ..2 1153 Page 12 - 2 - APPLICATION FOR ROAD CLOSDRE AND CONVEYANCE PART E - APPLICANT'S AGRSRMR'NT 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 ABU'1'PING ROAD ALLOWANCE/RIGHT-0F-WAY DESCRIBED IN PART B ADDRESS: ROLL NUMBER: ABUTTING PART(S) NAME ADDRESS: ROLL NUMBER: ABUTTING PART(S) **#i~*t*******fr******,t***,r,r****xr*******«,rt*****+********fr******** NAME ADDRESS: ROLL NUMBER: NAME ADDRESS: ROLL NUMBER: ABUTTING PART(S) ABUTTING PART(S) SIGNATURE OF APPLICANT: TELEPHONE: ~7 ~ ~~`~ DATE: ~/! ~~° 1154 Page 13 APPLICATION BY PETITION FOR ROAD CLOSIIRE AND PART A - APPLICATION BY PETITION DESCRIPTION OF LANDS RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND AS: ~l ~ f cif Town/Township: ~ VW s'r7 a -~~ ~ 1 ~! :: o i k= Concession Being Lot (s) _ Block(s) ~<ry Z. Original Plan Between Concession(s) According To Or ri,.,,. ~ ~ Lvh~f~ ~.L•,~'J~~ ~~yrt~ _ tx~ina 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 of Road Closures and according to the Municipal Act, Section 301, Chapter 302, R.S.O. 1980. PART B - APPLI!C~AN~T(S) INFORMAT{I~O'N I -( 1) NAME : /'~ !' t'~h~~ ~R ~t ~ ~~ ~~l /~ Y 1 't' ADDRESS: Z, ''~7/-`~~~~~' ~~ POSTAL CODE : L~ C ) IC ~ ~'~ ~ ( Z ~' TELEPHONE: °(DS G Z~ ~L5 Z ...2 i~~5 Page 14 - 2 - PART B - APPLICANTS} INFORMATION 2 ) NAME . ADDRESS: POSTAL CODE: TELEPHONE: 3 ) NAME : _ ADDRESS: POSTAL CODE: TELEPHONE: 4) NAME: ADDRESS: POSTAL CODE: TELEPHONE: S) NAME: _ ADDRESS: POSTAL CODE: TELEPHONE: 1156 ,.~. the aayiooal Corporation of the Municipality, Municipality bf Durham of Clarmgton works 40 Temperance Street Department BOWmanVllle, Ontarl0 aoXsza L1C 3A6 105 Consumers Dr. - Whitby, Ontario ~ _ - Cahada U N 6A3 (soy) fifia-nz1 ' Attention: Janet ONeill, A.M•.C.T.(A) Pax: (905) 6682051 - V.A. Sllgailis, P.E~a ONeill: ~- Dear Ms Commissioner . - - ofWorks - - Please quote our ref:. Re: Proposed Disposal of Surplus Property by the lvlunicipality, of Clarington, Part of Lot 14, Concession 1; Former Town of Bowmanville Our File: LP-C-2-2 - Further to your letter of May 13, 1996 concerning the above matter, please be advised that a 3 m (10 ft.) widening is required across the westerly limit of the property abutting Regional Road No. 57, prior fo the conveyance of the subject lands. Otherwise; we have no concerns regarding the sale of this property. Yours truly, DURHAM APPRAISAL SERVICES INC. Phone (905)433-7846 378 King Street West Oshawa, Ontario L1J 2J9 September 25, 1996 Janet C. O'Neill Administrative Assistant to the Director of Public Works, The Corporation of the Town of 40 Temperance Street, Bowmanville, Ontario Dear Ms. O'Neill Clarington, Re: Appraisal Report Part Lot 14, Concession Town of Newcastle (formerly Bowmanville) Prepared by.the Regional Land Purchase Division Dated: May 8, 1978 Authored by: G.L. Post 1 Municipality of Durham As you requested, I have read the above mentioned appraisal report in order to make a general comment as to my opinion of any general change in the market values of residential properties from the effective date therein to the .present date. I have not conducted any research or appraisal regarding the lands described therein. From my general knowledge of residential building lots similar to that of the lands described therein in the Clarington area, it is my opinion that the current market value of such a residential lot is approximately $55,000. This is 2.5 times the market value estimate of a building lot as stated iri the appraisal report. Based on the information, analysis and rationale in the report, the present value on the Subject Property in the report would be indicated by multiplying the May 8, 1978 value estimate by 2.5. The indicated value using this method would be (2 .5 x $3,200) $8,000. Should you require an appraisal of the current market value of the Subject Property in the report, I will be pleased to accept the assignment. Yours Truly DURHAM APPRAISAL SERVICES INC. Don Smith AACI, FRI, CMR, ATTACHMENT N0. 4 WD-49-97 MAY 13 '97 1G~09 FR RMD WGRKS DEPT 905 668 2051 TG 19©56239282 P.61/92 7Me Raglonal AAUrtlcipalNy of Ourt+aT Waka pepartmem 80:823 105 Conaurnen Qr. Whitby. OntaAo Canada L 5 N 8A3 t9o5188&7727 1-ac taos~ saa-2os7 V.0. Supellla, r.a~ CommiseFoner or w«w Region of Durham - Wd~~s ~1epf. Facsimile Cover Sheet ~-v ~,3/ date: /~ ~~} N ~ ~~U ~. i L to: company: depae7ment: ('tiA~C' iNC To ~J far #: _ c~ a 3 ~ 4 a 9a IMP, Ant ~-: ~A fi ~' F} ~ /~ from: company: BeEion of Durham -Works Department telephone: (905) 66&772! extension fax #: (9051 bb&2051 number of pages including cover page: r~ message: Origin7tl of this fa7c O Ma'ded ^ Couriered ^ Faxed Only IF YOU EXPERIENCE ANY DIFFICULTIES IN RECENlNG THIS DOCUMENT, PLEASE CALL BACK AS SOON AS POSSIBLE. ATTACHMENT N0. 5 WD-49-97 iXiS ME55AGE u INTENDED 0lILT FOR THE VSE Of THE INDiY1ODAL OR EN11TY TO WHICH A u ADDRESSED AND HAT COkTNN NIFORMATION TRAY i3 FI7rRE0gy tOMF10E71DALOR EREFt-T FROM CHCLOSURE YNOEII AFFLMARIE IAW. u THE READER Oi iHq MESSAGE R NOY THE pRFNOED RECiHEM, OR THE EH~LOYFE OR AGENT RFSFOMSIRtE FOR DEt1yERIMO THE MESSAGE TO iME NREMDED REpF1ENT, T01F ARE NERERY NOTIFIED 7NAY ANy OISSESIINAT1011 O15TIRRU7IEM DR COFT1NO Oi iM4T COfiHURICATiOII tf STFK'IL7NUlNNItiEO. H TOD NAYS REOTSYEA SNlS COMNDNN.ATiON W ERROR rtEA7E NOTfFT US N7MFDLLTELy Ry TT3ErNONE ANO RETIfRN THE ONGFYAL TD VSE Ry POSTAL SERVICE AT THE ADDRESS AEOYE TNAMIT TOU. IpOM1 PwiCP+w~n• 1 1 ~ `? MGY 13 '97 1449 FR RMD WORK9 DEFT 905 668 2051 TO 15456239282 F'.42i42 I ' .i_-_..~ ~ j ~ .~ ~ I I ~ _~ 'I 1 I ~ I ~ _1 ~ ! I i i ~ I ~ ~ j_ ~ j_' 1 ~ ~ I i ~ i i i~ i ~;' ~ ~ , II