The URL can be used to link to this page

Home My WebLink AboutWD-60-97_ ...,....-.. _ y. ,. ... .. /r."~ -: ~ REPORT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXh~~`hr~~kAC~R#~~xT~~~FX~~~4~s~sXXX REPORT Meeting: COUNCIL Fsle # ~ ~ Date: ~ Res. # C- ~/o ~ 7 ~~ SEPTEMBER 29, 1997 By-Law # Report #: ~T File #: Subject: APPLICATION TO STOP-UP CLOSE AND CONVEY PARTS 1,2,3,4 & 6, PLAN 40R17767 BEING THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 & 3, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that Council consider the following: 1. THAT Report WD-60-97 be received; 2. THAT Parts 1,2,3,4, & 6, Plan 40R17767, being parts of the unopened road allowance between Lots 2 & 3, Broken Front Concession, former Township of Darlington, be declared to be surplus property; 3. THAT Parts 1,2,4, & 6, Plan 40R17767, be stopped-up, closed and conveyed at the established selling price as follows: Part 1 - $ 87.00 Ontario Hydro Part 2 - $1,375.00 Ridge Pine Park Part 4 - $ 45.00 Ontario Hydro Part 6 - $ 320.00 Ontario Hydro 4. THAT Part 3 be conveyed to the Ministry of Transportation at no cost to M.T.O.; 5. THAT Ridge Pine Park, the applicant, be responsible for all costs associated with this transaction; o.PE °° ® aE~.~,E -. S C REPORT NO.: VPD-60-97 __ ~®: 6. THAT staf€ be authorized to advertise a public hearing ', required by the Municipal Act to stop-up, close and convey the unopened portions of the road :allowance declared.. to be surplus .property; 7. THAT, if following such Hearing, Council .approves the by-law to stop-up,,close and convey.Parts 1, 2, 4 & 6 to Ridge Pine.. Bark and dntario Hydro., and convey Part 3 to the Ministry of Transportation, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; 8. THAT the Glerk obtain written approval of the by-law to stop- up close and convey Parts 1,2,3,4 and 6, P1 an 4OR177b`7, by- registered mail from the Regional Municipality of Durham; and 9. THAT Roger Howard, Ridge Pine Park Inc., and Cynthia Tsai- Liang, Ministry of Transportation of Ontario, be advised of Council's decision. REPORT 10 ATTACFIDS~fTB Attachment No. 1 Attachment No. 2 .Attachment No. 3 Attachment No. 4 Attachment No. 5 Key-Map Application for Closure .and Conveyance - Ridge Pine Park Letter of Authorization from Ontario Hydro to Ridge Pine Park Correspondence from Cynthia Tsa- Liang, Senior Surveyor, Ministry of Transportation Correspondence from. Don 'Smith, Durham Appraisal Services Inc. <_ r .REPORT NO.: ~iD-60-97 Pages 3 2.0 BACR~ROVND 2.1 Ridge Pine Park Inc., submitted an application for Closure and Conveyance of the subject unopened road allowance (Attachment No. 2), dated April 18,.1997. Ontario .Hydro, in correspondence dated May 21, 1997, authorized Ridge Pine Park to act as their agent for the purpose of this transaction. 2.2 Ridge Pine Park have submitted an application for Rezoning (Dev 97-056). Ridge Pine Park intend to develop the lands owned by Ontario Hydro, land recently acquired from Ontario Hydro and the subject land, into a Golf Course. 3.0 REViE6P AND CONN~ 3.1 Surplus: Lands The subject lands, being. Parts 1, 2, 3, 4, ,5 and 6, Plan 40R17767, being the unopened road allowance between Lots 2 & 3, Broken Front Concession, formerly Darlington, are located south of Highway 401 to the north limit of the Ridge Pine Park. (The road allowance to the south was closed and conveyed to Ridge Pine Park by By-law 84-54). The .Public Works Department has determined that-Parts 1,2,3,4 & 6 are surplus.. to the needs of the Municipality. Part 5 is not surplus land as it is occupied by the Canadian National Railway and will be retained by the. Municipality: 3.2 Disposal of the Unopened Road Allowance .The surplus lands are recommended to be conveyed at the ~;,. , RSPO&T MO.: 9iD-60-9T Page 4 appraised market value, as follows: Parts 1, 4 and 6 Ontario Hydro Part 2 Ridge Pine Park Part 3 Ministry of Transportation- 3.3 Apt~raisal ReDOrt .The subject lands have been appraised by Durham Appraisal. Services Inc. and the .Market Value has been determined to be" as follows: Part 1 $ 87.00 Ontario Hydra Part 2 $1,375.00 Ridga,Pine Park Part 3 not appraised to be deeded to M.T.O. Part 4 $ 45.00 Ontario Hydro - Part 5 not appraised retained by Municipality .Part 6 $ 320.00 Ontario Hydro The Appraised Value appears to be low, however, the Appraiser states in the Report that, "the subject property is of a size, shape and nature for which there is no general demand or market".. The highest and mat use is considered to be Parts 1,4, and 6 -lot enlargement for adjoining Ontario Hydro lands and, Part 2 --..lot enlargement for adjoining Ridge Pine'Park- lands. 4.0 Circulation to Agencies and Authorities <q.l There were no objections filed with respect to this application. 4.2 The Ministry of Transportation in correapondQnce dated August 27, 1997 (Attachment No. 4), stated their need to .acquire Part 3, Plan 40R17767, which abuts Highway 401 (Attachment No. l). t RBPORT NO.s 1PD-60-97 Page S '5.0 CONCLII3TON From the above, it is concluded. that Parts 1,2,4 and 6,` Plan 40R17767, be stopped-up, closed and conveyed at t he appraised market value; that Part 3 be deeded to the Ministry of Transportation and that Part 5 be retained by the Municipality of Clarington. Respectfully submitted, Reviewed by, Stephen A. Vokes, P. Eng., W.H. Stockwell,. Director of Public Works Chief Administrati ve Officer .9ao At achments (5) pec Roger Howard, Ridge Pine Park 17 Dean Street Brampton, Ontario L6W 1M7 Cynthia Tsai-Liang, O.L.S. Ministry of Transportation Surveys & Plans Office Central Region 3rd Floor, Atrium Tower 1201 Wilson Avenue Downaview, Ontario M3M 1J8 i TyE KINGS' N1Gy~,AY NO. qD~ PART 3 L07 3 CON. B.F. RIDGE PINE ONTARIO HYDRO RIDGE PINE PART 4 ONTARIO HYDRO NA~~ONAL CANADIAN / ONTARIO HYDRO ONTARIO HYDRO a v S Lake Ontario SITE KEY MAP LOT 2 PART 2coN. B.F. PART ~ ONTARIO AY PART 5 PART 6 C:\ATTACHS\DARL\40R17767.DWG~ )RAWN BY: dM DATE: SEPT. 1997 ATTACHMENT N0.1 REPORT N0. WD-60-97 :l PART F - (.,' APPLICATION FOR ROAD CLOSURE AND CONVEYANCE Page 2 LIST OF PROPERTY OWNHRS ABDTTING ROAD ALLOWANCE/RIGHT-OF-WAY DESCRIBED I'N PART B NAME: F='Dia t: p,-~~ ~~~~ j~C~ Y~ ~ . NAME: (-~(?ia p'^'C ~~~ P'k;- f,-, i. ' ADDRESS: f-I aE~~-' S ' 'a ~-(, ~ °(~c' ~ ADDRESS: _ 1 ^~ ~'~,J S~ SR~>^~ fay . o~a~nu~ Lk'w iM'7 ROLL NO.- ~' ROLL NO.: ABUTTING PART(S) P°~ "~' P~r-~ 1 ABUTTING PART(S) : P~€~ S P io ^'> Pl n.J j~`. J)~ 3 l.pJ ~J'~ J ****k*'k***#*#*######*##k#k*#k#*#**#k##k#k#*k#*k#*#k##k*##*k#**#*k#*k#**##k#*k## raaME: ~~.F,~ il~~. NAME: c~_-•K-~.s j'~,(~RN ADDRESS: 71['~~lo :y ~c.J6t-'e- n`/C :--••~ ADDRESS - 5 <~:~-~ F ICI >~~~' f g., .~E ~ -~-' ~ h.ta R-~--if n:.q L~~l '(~ Z.~L ICI ~ ROLL NO.- ROLL NO.• ABUTTING PART(S) : U''~I b f>C~[tij~,=~ ~ ~`- ~!"L ABUTTING PART(S): """~ F, BXPC~PR-+~..-~ ~~n-~.r ~'~ f****#**#kk#*#*##*###*##*#*##k4fk###**#**kk#kk#*k#*##k###*##k##**##*##***#***k* CN><i5 GPn)' SIGNAT'DRE OF APPLICANT: ~ ~'L~(~_ ~ ~ DATE: 'Q i'~1-- ~d jd19'~'_V TELEPHONE: '~-~~~ ~ ua~tio~~ 1 Q l'C'f'jt=~-- ~.-,~'l~b'~ ~J riGuh•t i'.~Ca ~ FF~~ ~• f f' Feu f( /p2ti ~~V(sr,-l¢r ->~ t `~' f~e'~ - DEs;t=~- ~"s ~_~..a~ j~c pae-f' v~' -~~(r ~'~~ ;a~ti.:v~-~i~ Y,,-.:,~-~-~ ~s 'rinlL~ ~ o~ ~~Ie dI I °c-~ef~ a 1 Deny ~ ~ ` P~-ter--i ->-'D ~7.,,s,.-ca ~(~o ' , 1 T ,S ) fry . ~Turoe ra~97 ~daQ~"`tf"ti`~'eti~cald ~ ,v~,c~ccEe, ~?~~ /~.c-u~L~d~~~,rce, .~, {~]CQJ~ U ~~~~~ ~//~97 l' ~ y~' glJ`~"u'~4c~ `~ ~ZUl1~/ ~'hCi. 1 - 17 - ATTACHMENT N0. 2 REPORT N0. WD-60-97 >, APPLICATION FOR ROAD CLOSIIRE AND CONVEYANCE PART A - APPLICANT INFORMATION DATE: A ~~V Z ~ ~ ("~ ~ ~' APPLICANT: (ZtDe.;:~, ~~~,..e~ ~n~_• ~:.:C~~ ~-~~` ~cC~~~~- f~JwA/~.j~ STREET: I ~ ~ ~ F`-~ S~fz-fiE i { CITY/TOWN: ~~"~~'P I U~ PROVINCE: `~''1 f'~~ ~ POSTAL CODE . t` ~~ ~~ ~ A~1 ~ TELEPNONE NO .: ~ ~ 5 - ~ q ~ ~ 3 ~' 3 v PART 8 - DESCRIPTION OF LANDS (Petitioners: Use separate sheet) RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: Town/Township: I Concession: Being 1LOt (s) Or Block(s) a>~~-¢r ~e-.~.- z ~. 3 Between Concession(s) According To Original Plan 1~AR~5 ! Z v•--~ 6jl~c_+~~0 PART C - APPLICATION TO CLOSH OR CLOSH AND CONVEY I/We ~-~Dc,'c' ~'JC ~'~~~ ~~~ /"~~'~"' ~~' R"O 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 Municipality's Policy for Road Closures and according to the Municipal Act, Section 297, c.M.45, R.S.O. 1990_ PART D - CONFIRMATION OF OWNERSHIP i) Z/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 Municipality of Clarington. 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. PART E - APPLICANT'S AGRBEMENT 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 Municipality's Policy for Road "Closure and Conveyance. - 16 - ~a7 - °h ~,o . 7676 Woodbine Avenue, Suite 300, Markham, Ontario L3R 2N2 7676 Av Woodbine, Bureau 300, Markham, Ontario t_3R 2N2 AgenUAppraiser/Administrator Grid System Real Estate Telephone Markham (905)948-6000 or1-888-231-6657 Ridge Pine Park Inc. Attn. Mr. David W. Rice 1 Wheelhouse Drive NEWCASTLE, Ontario L1B 1B9 ~~~ ~~~ ~~ May 21, 1997 File: Clarington 633.03-503 Closure of Road Allowance Btwn. Lots 2 & 3 B.F. Conc.. Darlington Twa. Attached hereto is our Limited Authorization, dated May 21, 1997, having a term extending to September 30, 1997. Please, offer this as your proof of your acting on our behalf to any one to whom it may concern. We shall, in due course, be pleased to receive a Deed of Land, providing Ontario Hydro, with clear title to the lands referenced in the Limited Authorization. I trust this is what you require to proceed. Should you need anything further, please contact me. Sincerely i ~' /// i i' d /~ /% Chris derreest ATTACHMENT N0. 3 REPORT N0. WD-60-97 IN THE MATTER OF that portion of the unopened road allowance between Lot 2 and Lot 3, Broken Front Concession, in the Township of Darlington, now in the Municipality of Clarington, in the Regional Municipality of Durham, more particularly describes as lying directly between and contiguous with Parts 2 and 8, Plan lOR-373, comprising appro~dmately 0.12 acres (the Road Allowance); AND IN THE MATTER OF the Ridge Pine Park Inc., being desveous of Ontario Hydro, making application for the purpose of the closure and stopping-up of the Road Allowance, and the merging of title ofthe closed Road Allowance with title of Ontario Hydro's adjacent lands. LIMITED AIITHORTLATION Subject to the strict compliance by Ridge Pine Park Inc. (the `Company'), with the teens and conditions of this Limited Authorization annexed as Schedule "A" hereto and fomring part of this authorization, Ontario Hydro hereby authorizes and directs the Company or any appointee of the Comparry (having prior written consent of Ontario Hydro to so act) to act as an agent on behalf of Ontario Hydro to apply at the Company's sole expense to the Committee of Adjustment, for the Municipality of Clarington, for the granting of a Road Closure By-Law and/or other related or necessary Municipal Approvals to permit the stopping up and closure of the Road Allowance and the subsequent Deed Of Land therefore to Ontazio Hydro, and for so doing, this shall be the Company's sufficient and sole Authority. This Limited Authorization shall become null and void on September 30, 1997. Dated at ti~~xN1-Mv1 thisd' I Sfday of /~ ~ 1997. ONTARIO HYDRO ~~ ~RW. Evans, Program Manager Real Estate Management, Grid System Real Estate SCHEDULE"A" Terms and Conditions of Limited Authorization 1. The Company, shall make available to Ontazio Hydro, a copy of all reports (inclusive of consultant and municipal staff correspondence and reports) that relate directly or indirectly to the subject lands and/or Development within 3 days of receipt thereof by the Company. 2. Ontario Hydro shall be given 15 days advance notice in writing of all relevant public meetings. 3. Ontario Hydro shall be given sufficient opportunity to review and submit its comments and/or objections to relevant approvals and associated agreements. 4. -The approvals proposed shall not in any way delay, prevent, interfere with or cause any damage to arty works or facilities of Ontario Hydro now existing or hereafter constructed on the subject lands or the ability of Ontario Hydro to access, operate, maintain, replace, repair, - reconstruct and relocate the same. Ministry Ministbre of des Transportation Transports Ontario vib e:t5 4940 TO 8]9056234]69 Tel: (416) 235-5473 Fax: (416} 235-4940 Surveys & Plans Office Central Region 3rd Floor, Atrium Tower 1201 WlsonAvenue Downsview, Ontario M3M 1J8 August 27, 1997 Municipality of Caalington 40 Temperance St, Bowmanville, Ontario L1C 3A6 Attn: Ms. Jan C. O'Neill Administrative Assistant to the Director of Public Works Re: Unopened Road Allowance between Lots 2 and 3, BFC, former Township of Darlington, from Highway 401 south to the north limit of the Ridge Pine Park Community Attached is memo of intent to assume "PART 3" as shown on a draft reference plan describing the above noted road allowance. As per our telephone discussion, please forward the appropriate documentation and a copy of the deposited reference plan to the undersigned so we can initiate the assumption process. Yours truly Cynthia Tsai-Liang, QL,S. senior Surveyor cc Karen Kalemkiarian Jason White P.02i04 ATTACHMENT N0. 4 REPORT N0. WD-60-97 "'-' H~4e~ ~~ 313b56234169 I'?t~~~E Q JU! 3 t 1°37 Ontario €~` :~'""'?""' ~~ --F ~. .~~~,_-* ~.~. MINISTRY OF TRANSPORTATION Highway Engineering Durham & Niagara 1201 Wilson Avenue Atrium Tower, 5th Floor Tel.(416) 235-5575 P.03/04 P'1~MORANDUM To: Diane Naluzny Property Section 3rd Floor Atrium RE: Property Conveyance Old Road Allowance HigLwav 401 near u;~ DATE: July 31, 1997 Please find attached a Ietter from the Municipality of Clarington regarding the closure of an old road allowance near Highway 401 and Highway 35/115. The municipality has requested the ministry provide comments regarding the purchase of a section of the lands within the old road allowance. I have reviewed the attached plan and it would appear that the lands in question (Part 3) are already being used for highway purposes. If the ministry does not already awn these lands, we should initiate the purchase with the municipality. Please contact me if you require additional comments. J. White~- Projectl3ngincer /~/o d-tea,-.. ~ ~~~ ~~~ ~' - e~ i~ September 19, 1997 Ms. Jan O'Neill, Administrative Assistant to the Director of Public Works The Corporation of the Town "~ 40 Temperance Street, Bowmanville, Ontario Dear Ms. O'Neill of Clarington, Re: Restricted Appraisal Report of the Market Value of the Real Property described as Parts of the Unopened Road Allowance .Between Lots 2 and 3, Broken Front Concession, Former Township of Darlington, now in the Town of Clarington, Described as Parts 1,2,4 & 6 Reference Plan 40R-17767 Region of Durham, Province of Ontario in accordance with your request, I have completed an appraisal of the market value of the property rights attached to the herein described property to assist in establishing a value for sale purposes. I have made a personal inspection of the property and have given due consideration to the factors and forces which influence the property value at the Subject Location. This appraisal is subject to the attached assumptions and limiting conditions. This restricted appraisal report has been prepared exclusively for the Town of Clarington for selling purposes. I am not aware of any third parties that are likely to see or rely on the report: liability in this respect or for any other use is expressly denied. This restricted report is not to be regarded as a self- contained appraisal as the full extent of the appraisal process will not be apparent to the reader in the contents of this report. This report may not be understood properly without additional information in the work file of the appraiser. As of the date of this report, Don Smith has completed the requirements of the current recertification cycle of the Appraisal Institute of Canada. ATTACHMENT N0. 5 REPORT N0. WD-60-97 3 The Subject Property was analysed by the Direct Comparison Approach. The market value estimates are based on a per acre unit basis derived from the sales of similar lands. A summary of the property data utilized is contained on pages 10 and 11 of this report. The properties analysed are considered to be the best available properties for comparison. As a result of my investigations and findings, it is my opinion that the "Market Value" as defined herein of the Subject Property as held in the Fee Simple Interest as at September 16, 1997 is: Part 1: EIGHTY SEVEN DOLLARS ($87.00) Part 2: ONE THOUSAND, THREE HUNDRED and SEVENTY FIVE DOLLARS ($1,375.00) Part 4: FORTY FIVE DOLLARS ($45.00) Part 6: THREE HUNDRED and TWENTY DOLLARS ($320.00) Respectfully Submitted, Durham Appraisal Services Inc. ~~ _~ Don Smith, AACI, FRI, CMR ~~E d e v e lop men t June 11, 1997 Ms. Janet C. O'Neill, A.M.C.T., (A) ``~ Administrative Assistant to the Director of Public Works ' 1 "~ ~ .». ._ .... - 4,...,. Jill 9 ~ ~~`~~ P:iJL :C ~'' Sufi {a OE°~. v . ~:e~~::v ! f ~ v. __ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario, L1C 3A6 Dear Ms. O'NeiIL RE: APPLICATION TO CLOSE AND CONVEY PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 AND 3, B.F.C., DARLINGTON - TO RIDGE PINE PARK INC. AND ONTARIO HYDRO YOUR FILE No • D 02 02 Further to our numerous discussions on this application and in response to your letter of May 27, 1997, we enclose for your review and circulation eight (8) copies of the revised draft reference plan. As discussed, the revised plan includes the additional portions of the unopened road allowance south to the existing northerly limit of Wilmot Creek. Part 4 on the plan references a fence line that appears to indicate a split between CNR and Hydro usage, therefore, Part 4 itself may be best deeded to Hydro (along with Parts 1 and 6), with Part 5 being the portion occupied by CNR. As outlined previously, Part 2 is being requested to be closed and conveyed to Ridge Pine Park Inc. Also attached to this letter is a copy of the Limited Authorization prepared by Ontario Hydro regarding Ridge Pine Park Inc. acting as agent on behalf of Hydro with respect to this application. By copy of this letter to Mr. Vanderreest, we aze providing a copy of the draft R-Plan for his review. We trust the enclosed material is satisfactory and look forwazd to hearing from you upon completion of the circulation and preparation of a report to Council recommending closure of the allowance. Yours truly, RIDGE ,PIN,, lE PARK INC. Roger Howard, MCIP, RPP c. Mr. Chris Vanderreest, Ontario Hydro .e, 17 Dean Street, Brampton, Ontario L6W 1M7 • Tel: (905) 796-3630 Fax: (905) 796-6360