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Home My WebLink AboutWD-46-85 He No_- 4 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P.ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 15, 1985. REPORT NO. : WD-46-85 - - SUBJECT: ACQUISITION OF LANDS FROM THE FLYING DUTCHMAN HOTEL REQUIRED FOR THE RECONSTRUCTION OF BASELINE ROAD, BOWMANVILLE RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a by-law be passed authorizing the Mayor and Clerk to execute an Offer to Sell in the form attached hereto for lands required for the reconstruction of Baseline Road, Bowmanville; 3. That a letter of acceptance be forwarded to the Flying Dutchman in accordance with the requirements of the Offer to Sell ; 4. That the documents be forwarded to the Ministry of (, 5� Transportation and Communications for approval and subsequently to the Town Solicitor for completion of the transaction. . . . .2 Page 2 REPORT NO. WD-46-85 REPORT: To facilitate reconstruction of Baseline Road adjacent to the Flying Dutchman Hotel in Bowmanville, two small triangles of land are required. Acquisition of these will allow for necessary utility relocations and better turning radii at the intersections. The triangles are very small , averaging about 15-25 feet on the sides and will not affect the operation of the Flying Dutchman. The owners of the establishment are in general agreement with the requirement and are presently reviewing the offer with their solicitor and an appraiser. Such offer is attached hereto and will probably be accepted with only minor revisions. In any event, the lands must be paid for by M.T.C., therefore, any changes will have no impact on the Town. The agreement, once accepted by the vendor, will be reviewed with M.T.C. for their approval . Title to the lands will be in the name of the Town in accordance with the legal agreement with the Ministry. ( Although the vendors have not yet accepted the offer, such action is imminent and due to the time frame involved, including Council ' s summer recess, the required authorization from Council is being recommended at this time. Respectfully submitted, R.G. Dupuis, . Eng., Director of Public Works. RGD:jco Enclosure OFFER TO SELL TO: THE TOWN OF NEWCASTLE I/WE, the undersigned Roadside Developments Ltd., 143 Duke Street, Bowmanville, Ontario, LLC 2W4 as Vendor(s) hereby agree to and with the Town of Newcastle as Purchaser, to sell all that portion of Lot 11, Broken Front Concession, former Town of Bowmanville in the Area Municipality of Newcastle more particularly described as follows Parts 1 & 2, Plan 1OR2009 containing 38.02 sq. metres as shown on plan hereto annexed at the price of Six hundred and ninety dollars ($ 690.00 ) payable on closing; which sum includes all compensation to which the Vendor(s) may be entitled under any statute of the Province of Ontario in reference to the construction, diversion, widening of the municipal Road on which the lands described abutt, including compensation for severance, injurious affection or otherwise arising howsoever. ADDITIONALLY, the Purchaser agress with the Vendor(s) to the following terms and conditions: a) Ten deciduous trees removed from the Vendor's Baseline Road frontage to be replaced by the Purchaser with ten coniferous trees, ten to twelve feet in height. b) Any lights or signs associated with the Vendor's property to be relocated or replaced by the Purchaser. c) Access to Baseline Road to be constructed by the Purchaser according to Drawing 6, Project 5878, April 1984, which includes, provision for proper drainage of said access and prevention of road drainage from entering the Vendor's property. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed sixty (60) days from the date of acceptance hereof to investigate the title at its own expense and if within that time it shall furnish the Vendor in writing with any valid objection to the title which the Vendor shall be unable or unwilling to remove, and which Purchaser will not waive, this agreement shall be null and void. Adjustments to be proportioned and allowed to the date of completion of sale. THIS offer to be accepted by the Punccaser within sixty (60) days of the date herein, otherwise this offer becomes null and void; and the sale to be completed on or before sixty (60) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this agreement. It is agreed that there is no representation, warranty, collateral agreement of condition affecting this agreement or the real property or supported hereby other than as expressed herein in writing. UPON acceptance of this affer by the Purchaser, the said Purchaser by its servants and agents shall have the right to enter upon the property intended to be conveyed hereby for the purpose of Road reconstruction and utility relocation. This offer may be accepted by a letter delivered to the Vendor or mailed postage prepaid addressed to the Vendor at DATED this day of 19 Witness Vendor Witness Vendor MATERIAL iVIt.I Kit, — INST._ N= n AREA Iao.Y RTRTRYlC• rLMN_OR D ArERIAL- AIY i� R _ N . METRES BE OONVERTED70 FEET �^ .erw^s N32385 --...•—�_—�_--_�.�=..----: .- _. cE�ED ANOOErrEn_._.— _.. 003 PHOTOGRAPHIC AND CAN BY DIVIDING BY 0.3048 lzl rS 27.69 MAY 22,1985 fL T DATE ^ ` 1E D !SIGNATURE wpuTPLM EGISTRAR FOR THE M. D. BROWN REGISTRY DIVISION OF NEWCASTLE(NQ 10) NAME IN PRINT PLAN OF SURVEY ,LLOWANCE BETWLcAl !'ONCESS/riNr , ,ANP QROKt-/!! OF PART OF TOWN LOTS 121 AND 150,ACCORDING TO THE WILSON,ARMOUR 81 MEARNS PLAN OF RORT OF /3A J�/_ L //+�� /) �, LOT II IN THE BROKEN FRONT CONCESSION OF THE SITE of cuT STOW moM EMT FORMER TOWN OF BOWMANVILLE ANGLE Apr • ]' TOI LOT .e.v.cow. "E YEw°LE TM r.. • LOT ISO. . NOW WITHIN THE LIMITS OF THE T N72o15'45- 4. ^ T •_ �]' •] f_ 1] %3_ N 72-15*45 .1 pAY I-? RMI ` TOWN OF NEWCASTLE FA R T 1 MUNICIPALITY OF DURHAM ANGLE i PART 0 OQ � REGIONAL LOT ,�,. .; IN1P.T 2.PLAN \ C1?T e "Icni9�g f • SCALG• 1• 100 .; O °Ff� / N S T N° :O R o N 323B5�:� I a M.D.BROWN O.L.S. 1985 ° I 2 ] ] 6 e rET^[s G,960 s, ' _ LOT' 0i. n o�0U V ' .., `, '-` � SURVEYORS CERTIFICATE 1• ^°°.. I CERTIFY THAT: :o 0 a 1 THIS 9JRVEYANO PLAN ARE CORRELTAMo IN ACODROANCE WITH THE SURVEYS ACT I\ A i� J O AND THE REGISTRY ACT AND THE REGULATIONS MADE T HEREUNDER. 2.THE SURVEY WAS COMPLETED ON THE 22ND DAY OF MAY,1985. \\\ O • r s MAY 22,1963 ,D.BROWN 1 ONTARIO LAND SURVEYOR C7 \� : ! ) " W BEARING REFERENCE STREET,SHHOWN AS THE BEARwG OF THE WESTERLY LIMIT OF LIEIEI:n \ T N 17036*30"W (ASTRONOMIC)ON DEPOSITED PLANS 592(P-2695-13 HWY•S. FILE)AND N31847(P-2695-91 HW -S.FILE),GOVERNS ALL BEARINGS SHOWN HEREON DENOTES MONUMENTATION PLANTED V 2 + DENOTES MONUMENTATION Fww,NLwsmD'1106'UNLESS OTHERWISE DESIGNATED • So DENOTES STANDARD IRON BAR,25 MM SOUARE o I IN DENOTES IRON BAR,16 MM SOUARE \ r< Q ,.,c DENOTES MINISTRY OF TRANSPORTATION B COMMUNICATIONS MERRILL U BROWN LIMITED 3 - -j O LAND SURVEYING AND ENGINEERING 16 TEMPERANCE STREET, BOWMANVILLE,ON ipRlf? fE.