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Home My WebLink AboutWD-20-85 77' 41 / 4 CORPORATION F 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 MARCH 18, 1985. REPORT NO. : WD-20-85 SUBJECT: CLOSURE AND CONVEYANCE OF A PORTION OF THE UNOPENED LANEWAY LYING HALFWAY BETWEEN ELGIN STREET AND HIGH STREET AND EXTENDING FROM O'DELL STREET TO FOURTH STREET IN BOWMANVILLE. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a portion of the unopened laneway lying halfway between Elgin Street and High Street and extending from O' Dell Street to Fourth Street in Bowmanville, more particularly described as Part 2, Plan 1OR1885, be closed and conveyed to the abutting owners; and, 3. That the value of Part 0,, Plan 1824 be established at a nominal amount of $100.00 plus costs; and, 4. That staff be authorized to complete the procedure for closure and conveyance of the subject lands in accordance with Town Policy. . . . .2 �� Page 2 REPORT NO. WD-20-85 REPORT: The Lockhart-Simpson Plan (see attached) of Part of Lot 12 in Concession 2, of the former Town of Bowmanville, shows a sixteen (16) foot wide, unopened laneway, lying halfway between Elgin Street and High Street, and extending from O'Dell Street to Fourth Street, in Bowmanville. The laneway has never been opened and over the years has been used for various and sundry purposes by the abutting owners. Gardens, sheds, hedges, etc., are located on the laneway. Over the years, through real estate transactions, the existence of the laneway has been discovered by various property owners who have attempted to deal with it in various ways. Some have requested encroachment agreements which have been granted by the Town, and others have requested closure and conveyance. Works Department files and research have not found cases where closure and conveyance have occured. The subject closure and conveyance (see attached) itself dates back to 1976, at which time it was discovered that the residence on Third Street was located on one side of the laneway with the garage located on the other side and partially on the laneway. Due to a lack of information, the request was held in abeyance. A new owner (1982) is now requesting closure and conveyance in order to secure good title to allow a mortgage. The applicant has complied with Town Policy in such matters and we can see no impediment to proceeding. . . . .3 Page 3 REPORT NO. WD-20-85 It has been stated that Town Policy has been complied with, however, there is one exception - no appraisal of value has been prepared. Through discussions with staff and the applicant's solicitor, it has been agreed that the cost of an appraisal would exceed the value of the land involved. Based upon values established for unopened "road allowances" (about $14,000 per acre) , the subject lands would be appraised at about $400.00. Such a value was established on a "highest and best use" basis and in most cases considered the added value to the applicant's existing holdings. In this case, acquisition of the laneway will not add to the real value of the land but will merely recognize an existing set of conditions. It is , therefore, recommended that its value be established at $100.00 plus costs. The application is made in accordance with Town Policy, therefore, it is recommended that it proceed on that basis. Respectful y bmitted, r R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco March 12, 1985. 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BOX 48 PATENT & TRADE MARK AGENTS TELEX 06 2117813 TORONTO DOMINION BANK TOWER TEL1Ek (JNFOTEX) N?AMER.ONLY TORONTO-DOMINION CENTRE .-_..302�-5001151 TORONTO, CANADA TELECOPIER (416r) 362-1812 M5K IE6 RAPICOM (416) 868-0673 CABLE CARTAN, TORONTO TELEPHONE (416) 362-1812 OUR REFERENCE: February 1, 1985 Ronald Dupuis, Esq. Director of Public Works Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 1C7 Dear Mr. Dupuis : Re: Unopened Lane; Part of Lots 7, 13 and 14 , Block C, Lockhart-Simpson Plan of Part of Lot 12 , Concession 2, Former Town of Bowmanville We are the solicitors for Mrs . Lillian Procknow who is the owner of a property known municipally as 121 Third Street in the Town of Newcastle . Our client acquired her property in 1979 . Some years after her acquisition, she discovered that a portion of the property is an unused municipal laneway. Our client has requested that we take the necessary steps to make application to close the laneway and convey it to her. We enclose with this letter Plan of Survey 1OR-1885 which was prepared on August 15, 1984 by Mr . M.D. Brown. Our client ' s lands are shown as Parts 1 and 3 and the portion of the laneway proposed to be closed is shown as Part 2 . We also enclose a Petition signed by the individuals who are believed to be the other owners of abutting lands . Finally, we enclose our firm cheque in the sum of $250 . 00 which we understand to be the application fee required by the Municipality . MCCARTHY &' MC'CARTHY Ronald Dupuis, Esq. - 2 - February 1, 1985 We would request that the Municipality consider our application pursuant to the terms of the Municipal Act. We would, of course, be pleased to provide additional information as and when required by the Municipality. Yours very truly, McCARTHY & McCARTHY Per: Phillip L. Sanford PLS: ca i Enclosures - 3 CC . Lillian Procknow y tol P E T I T I O N For the closure and conveyance of the Municipal right-of-way (laneway) Part Town LOT 12 (Lockhart-Simpson) situated: LOTS 7, 13 & 14 In CONCESSION 2 (BOWMANVILLE) in the former Town of BowmanviLLe, now Town of Newcastle. The portion of the laneway proposed to be closed is more particularly described as Part 2 on attached Plan 1OR-1885. We the undersigned, being owners of property abutting the abovementioned road allowance, do hereby petition the Council of the Town of Newcastle to close same, by by-Law, and convey the Lands thus gained, in accordance with the terms and con- ditions of The Municipal Act, R.S.O. 1980, Section 298. We hereby agree that, upon Council approval of our petition, Mrs. Lillian Procknow will accept the responsibility for any costs involved in finalizing any and all transactions i as appointed in accordance with the size of all parcels of Land gained. Mrs. Lillian Procknow further agrees to pay to the Town of Newcastle the sum of Two Hundred and Fifty Dollars for the administration of this petition. Dated this day of 1984. and signed by Abutting Part (s) �J