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HomeMy WebLinkAboutADMIN 82-23CORPdRATION OF THE TOWN OF NEW. .STLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 3 1982 ADMIN. NO. 82-23 SUBJECT: STATUS OF REQUESTED ROAD CLOSING: PARK STREET (UNOPENED) BETWEEN BLOCKS "U" AND "V". CONVEYANCE TO ABUTTING OWNERS MESSRS. EWERT AND WYNN RECOMMENDATION: 1. That this report be received for information; and 2. That a copy be forwarded to Messrs. Ewert and Wynn for their information. BACKGROUND AND COMMENT: At the Council meeting of April 13 1982, Staff were asked to prepare a report on the status of the above noted request forroad closure and conveyance. As members of the Committee may recall, the requested road closure was brought before Council in January of 1982, (via Works Report WD -3-82) and the matter of the value of the lands to be conveyed, referred to Staff for negotiation with Mr. C. Ewert. Attached please find copies of all correspondence related to this matter dating from the January 181982 Council meeting , at which the above mentioned directive to negotiate was given. Staff have suggested to Messrs. Ewert and Wynn that it would be appropriate, as done in other situations of this type, to have a second appraisal performed (at their expense) that would be considered binding on all concerned parties. Messrs. EWert and Wynn have not agreed to this approach. DNS:nof Respectfully submitted, D. N. Smith, M.C.I.P., Administrator J. A. D. SLEMIN. O.C., 119801 J. A. WYNN, O.C. DAVID E. SPICER. B.SC.. LL.S. SLEMIN, WYNN BARRISTERS B SOLICITORS 90 NELSON STREET P.O. BOX 1030 BRANTFORD. ONTARIO N3T 5$7 Mr. D. N. Smith, Administrator, Corporation of the Town of Newcastle, 40 Temperance Street, BOWMANVILLE, Ontario. LIC 3A6 Dear Mr. Smith: April 5th, 1982. TELEPNONE.iSl 4325 AREA CODE 519 Re: Park Street (unopened) between Blocks "u" Hanning's Plan of the Village of Newcastle transfers of portions thereof to Ewert and My File No. 80/90 and I'V/', and Wynn, I have in my file a copy of your letter of March the 3rd, 1982 to Mr. Ewert relevant to appraisal of the lands which we are desirous of buying and I also have a copy of Mr. Ewert's letter to you in response dated March the 8th, 1982. I quite agree with all his comments in the letter and I certainly have no desire to go to the large expense of another appraisal when all that is necessary is for Mr. Ewert and myself to negotiate a fair settlement of the purchase price with.the Town of Newcastle. May I draw to your attention the fact that you are not dealing in this transaction with strangers to the Municipality as Mr. Ewert and his family have lived in the Town for many years and my family back to my great -great-grandfather, Samuel Wilmot, have lived or owned property in the Town for over 150 years. I the property having tw nnginmindall eo ofthelcircumstancesth gso that wea fair lencounter no further delay at least as far as I am concerned in getting on with the reconstruction and renovation of my summer home. Yours truly, SLEMIN, WYNN J. A. WYNN JA'vl : d r -.c. Mr, Ewert Ewert &MacGregor ` =r'iatrre axth �aliciiar8 CHARLES C. EWERT, B.A., LL.S. J. DAVID MacGREGOR, B.A., LL.B. File No. 81361 March 8, 19.82 Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1Q 3A6 Attention: D. N. Smith, M.C.I.P. Administrator Dear Sirs: TELEPHONE (A16) 9974735 COMMERCIAL BUILDING 3Ph KINGSTREET WEST BOX9, NEWCASTLE, ONTARIO LOA 1HO Re: Park Street (Unopened) between Blocks U and V Hanning's Plan of the Village of Newcastle Thank you for your letter of March 3, 1982. I am relaying a copy of it to Mr. Art Wynn to determine his intentions under the circumstances. It has not been my intention to date either to cause trouble or to seem ungrateful. I can only point out again what I have in the past, that I do not believe additional time or expense is necessary by the way of appraisal report if the town is prepared to treat Mr. Wynn and myself equitably; that is to say, to use even the Mike and Pat Macdonnel amount for appropriate settlement as they live directly across the street from Mr. Wynn and kitty corner from us. I believe both Mr. Wynn and myself would be reasonable in an attempt -to settle this matter. However, further cost in obtaining an appraisal and time wasted would seem to be self-defeating. Yours ter 17x, i Charles C. Ewert CCE: mm C.C. Mr. A. Wynn TOWN OF NEWCASTLE -71.177, C ., - 1��3 FEB(_.2 0: F10E TO: D.N. Smith, M.C.I.P., FROM: D.T. Gray, C.E.T. DATE: February 5, 1982. SUBJECT: Park Street, south of Boulton Street, Village of Newcastle. Proposed Closure/Conveyance. It has been brought to my attention that the Town has, for a number of years, performed various maintenance works on Park Street in the Village of Newcastle. Technically Park Street, from Boulton Street to the Lake, is an Unopened Road Allowance and, as you know, the Town is presently negotiating the conveyance of the easterly and westerly 16.5ft. of same to Mr. Ewert and Mr. Wynn, the abutting owners. I understand that you are in the proceA of trying to reach agreement with Messrs. Ewert and Wynn relative to the value of land each party is to acquire, following their objection to the Region's Appraisal in the amount of $2,000 for each 16.5 ft. parcel. The central 33 ft. of Park Street is to be retained by the Town and maintained as a walkway for access to the Lake. It may be worth bearing in mind that the Town has been plowing, etc., on Park Street down as far as the houses of Messrs. Wynn and Ewert - and this was done by the former Village of Newcastle also; however, if the Town is to retain the central portion as a walkway only , perhaps it would be as well to make it clear to the abutting owners that, in the future and following the conveyance of the side sections of Park Street, we will only maintain the right-of-way strictly for the pro- vision of pedestrian access, and there will be no obligation on our part to continue the service to the extent of past years. I hope this will be of some assistance to you in your negotiations; it would certainly be a help to this Department not to have to continue to plow Park Street - particularly in it's soon to be reduced width. March 3 1982 Mr. Charles C. Ewert Ewert & MacGregor Commercial Building 351 King Street West \' Box 9 Newcastle, Ontario LOA 1H0 Dear Mr. Ewert: Re: Park Street (Unopened) between Blocks U and V Hanningds Plan of the Village of Newcastle I have your recent letter regarding the above, and apologize for the delay in replying. As you do not appear to be satisfied with Mr. Post's comments on the appraisal, I wonder if you would agree to a further appraisal to be Performed at your .expense and to be considered binding on you and the Town. We have in the past successfully concluded matters in this way, Yours truly, DNS:nof D. -N. Smith, M.C.I.P. Administrator Ewert & MacGregor W=Tisttr8 nub AX1TtYtoro CHARLES C. EWERT, B.A., LL.S. J. DAVID MacGREGOR, B.A., LL.B. File No. 81361 February 12, 19 Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: D. N. Smith, M.C.I.P. Administrator Dear Sirs: TELEPHONE (416) 9874735 COMMERCIAL BUILDING 351/2 KING STREET WEST BOX 9, NEWCASTLE, ONTARIO LOA 1HO Re: Park Street (Unopened) between Blocks "U" and "V" Hanning's Plan of the Village of Newcastle Thank you for the copy of letter from G. L. Post, Land Purchase Division. As he is your appraiser, and as you were given the mandate to negotiate the settlement, I do not think it is appropriate, under the circumstances, for me to contact Mr. Post. On the basis of his letter, I would point out the following. With respect to the Davidsons, this was not a single transaction. If you will check your files, you will find that at the same time it involved Dr. Rod McArthur, Mike and Pat Macdonnell (who live kitty corner to us immediately across the street) and, I believe, the Stades. There is also Mrs. Isabella Wright's road closing, which was done for a nominal value. In other words, within a sufficiently. recent time so as not to require adjustments, there are four or five people within the boundaries of "Bond Head" who have acquired road allowances from the town. Mr. Post's position that it is only a single, isolated road closing is therefore untenable. Secondarily, the Official Plan designation for the entire area to date, and certainly to the date of application, was uniform. We have already discussed the point of necessity, i.e., that our garage sits partly on the road allowance. This does not affect the market value of land and in good faith could be reconciled by other means as discussed, i.e., by way of license or, as suggested by Councillor Woodyard, on lease for $1.00 a year. The basic underlying point remains the ...2 Corporation Page 2 February 12, of the Town of Newcastle 1982 same; the town is retaining the middle portion and therefore is left with two essentially useless 16.5 -foot severed parcels of land. In good faith the purchase of the land would not increase our property by $2,000.00 in value. I have indicated a willingness to discuss the matter and to negotiate a settlement. However, to date, it seems you are content simply to go back to the same appraiser and to maintain a stance which is completely without flexibility. I am sending a copy of the Post letter and this letter to Mr. Art Wynn insofar as it was he who initiated the application and is in a position to require the additional land for a much-needed building permit. I would request that you check into the matters of all the other road closings in the Bond Head area mentioned above and to reassess the question with an eye to fairness. Yours tr , 4 L �' Charles C. FE CCE:mm C.C. Mr. A. Wynn Mr. T. Woodyard Mrs. D. Hamre •' �; CORP.1�TION OF THE TOWN OF NEW( _LE -{� �•' 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC 3A6F 3• February 1.0 1982 Mr. Charles C. Ewert Ewert & MacGregor Commercial Building 35} King Street West Box 9 Newcastle, Ontario LOA 1HQ Dear Mr. Ewert: Re: Appraisal of Part of Park Street between Boulton Street and Lake Ontario. Part Lot 27, B.F.C. Town of Newcastle (former Village of Newcastle) TELEPHONE 623-3379 I have received the attached letter, in reply to my recent enquiry about the method of appraisal. May I suggest that you contact Mr. Post directly. Yours very truly, DNS:nof D. N. Smith, M.C.I.P. Administrator att. i� t)URHAM The Regional RAunicipality of Durham Works Department E.ox 623 135 consumers Dr. Whitby, Ontario Canada. L1N 6A3 (416) 668-7721 i February 3, 1982 The Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Attention: Mr, D.N. Smith, M.C.I.P. Administrator W.A.TWELVETREES, Eng. Dear Sir: C ornmmissioner of Works RE: Appraisal Report Hease quote our ref: Part of Park Street Between Boulton Street & Lake Ontario Part of Lot 27, B.F.C. Town of Newcastle (formerly Village of Newcastle) Further to your letter of January 26, 1981, I have reviewed the letter from Mr. Ewert, and make the following remarks concerning the statements contained in his letter. When determining the market value of a road closing, it is estimated to be the value it would add in contribution to the adjoining lands. As the highest and best use of the lands sold to the Davidsons were estimated to be agricultural lands, they were valued accordingly; therefore resulting in a much lower value. As I did not prepare the appraisal for these lands, I am not about to argue the point as to their highest and best use. The highest and best use of the subject properties were considered to be their value in contribution to the adjoining lands which happen to be lakefront lots. The sales contained in the report were used to establish the value of a typical lakefront lot, therefore establishing a front ft. rate for the property. As Lakeshore properties are usually valued by the amount of water frontage, there is a direct comparison of the value of the lot to the frontage. As the value of water frontage was estimated to be $121.50 per front ft., then 16.5 ft. of frontage would be: $121,50; x - 16.5-1 :-) ,004.75; Rounded to $2,000.00. ....2 -2 - It should also be pointed out to Mr. Ewert that both Parts 2 and 3, are encroached upon by the buildings on the adjoining lands, and if the Town required these lands for road purposes, it would cost considerably more than the $2,000.00 each to have the buildings moved. Also Mr. Ewert has used only one example to compare the road closing to, and in many instances throughout the Town of Newcastle, the sale of closed road allowances has resulted in a value of more than $2,000.00 for the lands to be conveyed to the adjoining owners. I trust that these remarks will be beneficial to you in negotiating with Mr. Ewert; however, if he wishes to give me a call, I will be glad to explain to him the reasons for putting a $2,000.00 value on the lands in question. /p s Yours truly, G.L. Post,,/C.R.A. Land Purchase Division p / ' 31 Ewert &MzcGregor TELEPHONE (416) 9874735 Warristarg ant $aliritar,a ' COMMERCIAL BUILDING CHARLES C. EWERT, B.A., LLB. 3514 KING STREET WEST J. DAVID M"GREGOR, B.A., LL.S. SOX9, NEWCASTLE, ONTARIO LOA 1HQ File No. 81361 January 26, 1982 Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: D. N. Smith, M.C.I.P,, Administrator Dear Sirs: Re: Park Street (Unopened) between Blocks "U" and "V" Hanning's Plan for the Village of Newcastle Further to our meeting of today's date and discussions with respect to the valuation of the properties proposed for transferral, this will confirm that you are going to recontact the Regional appraiser specifically to determine why the Davidson -McArthur road allowance valuations were ignored and to determine factors, if possible, for upgrading those appraisal reports to lakefront value. CCE :mm We will await word from you. Yours 1 ,tj161 J les C. Ewert 5 January 26 1982 Mr. G. L. Post, C.R.A. Land Purchase Division The Regional Municipality of Durham Works Department 105 Consumers Drive Whitby, Ontario Dear Sirs Res Appraisal Report Part of Park Street between Boulton Street and* Lake Ontario. Part Lot 279 B.F.C.. Town of Newcastle {former Village of Newcastle) We have recently had discussions with Mr. C. Ewert, owner of land abutting Part 3 on Plan 10R"1392. Mr. Ewert has adaanced the argument that the sales listed within your appraisal report are not comparable to the sales of road allowances to abutting properties that have taken place in the area of the Newcastle Village. Mr. Ewert notes in his correspondence of January 6 19820 that a conveyance to Mr. d even when adjusted vtosresults ieb reflecton hedifferencebetwellower l en lakefrontaandand �non take front lots. I would appreciate your further comments on the correspondence from Mr. Ewert' and would appreciate yourffurther review of the appraised value. I am, by copy of this letter, advising Mr. Wynnm the property owner to the east abutting Part 2 of Plan IOR 13920 of this request. Your attention to this matter as soon as possible would be appreciated. Yours truly, DNSsnof D N. Smith, M.C.I.P. Administrator CC.r Mr. J. A.Wynn D. Gray, Deputy Director of Public Works Clerk's file 77.44.7'q January 21 1982 Mr. Charles C. Ewert Commercial Building 351 King Street West Box 9 Newcastle, Ontario LOA 1H0 Dear Mr. Ewert: Re: Park Street (unopened) between Blocks "U" and "d" Hanning's Plan for the-Village of Newcastle Further to Mr. Oakes'.letter to you of January 20 19820 may I suggest that you arrange a meeting with my secretary to resolve this matter. Yours very truly, ONS:nof D. N.�Smith, M.CI.P., COW ATION OF THE TOWN OF NEW ' TLE January 20, 1982 OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO LIC 3A6 Mr. Charles C. Ewert Commercial Building 35-� King Street West Box 9 Newcastle, Ontario LOA 1H0 Dear Mr. Ewert: RE: Park Street (Unopened} between Blocks "U" and "V", Hanning' s Plan for the Village of Newcastle Our File 77.44.118 As requested in your.delegation to Council on January 18, 1982, the recommendationofthe General Purpose and Administration Committee, containd in report WO -3-82, was referred to Staff to negotiate with you. The Chief Administrative Officer, Mr. Don Smith, will be contacting you in the near future. Yours ve ry truly Ok— David W. Oakes, A.M.C.T., Town Clerk GEG:jco cc: D. Smith ,/