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Home My WebLink AboutWD-14-87 Vl 6 (C TOWN OF NEWCASTLE REPORT File # , f Res. # _-- -�. By-Law # MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE IATE: FEBRUARY 16, 1987. REPORT #: WD-14-87 FILE #: SUBJECT: CLOSURE AND CONVEYANCE OF A PORTION OF THE UNOPENED LANEWAY LYING BETWEEN FIRST AND SECOND STREET AND HALFWAY BETWEEN ELGIN STREET AND HIGH STREET, BOWMANVILLE - BLOCK "B", LOCKHART SIMPSON PLAN, PLAN 1OR2332 RECOW4ENDATIONS: It is respectfully recommended: 1 . That this report be received; and, 2. That a portion of the unopened laneway lying between First Street and Second Street and halfway between Elgin Street and High Street, in Bowmanville, more particularly described as Parts 2 & 3, Plan 1OR2332, be closed and conveyed to the abutting owners subject to the owners making satisfactory arrangements with Bell Canada; and, 3. That the value of the land be established at $400.00 plus costs, i .e. Part 2 at $300.00 and Part 3 at $100.00; and, 4. That staff be authorized to complete the procedure for closure and conveyance of the subject lands in accordance with Town Policy. . . .2 I Page Report No. WD-14-87 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 between First Street and Second 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. A recent real estate transaction revealed that the house being No. 7 Second Street sits on the laneway which belongs to the Town. A new owner, the McGuires have made application through their solicitor to have the portions abutting two properties, Parts 2 & 3 on the attached plan, closed and conveyed in order to secure title to allow a mortgage. All abutting owners have been contacted to determine their interests in acquiring the portion abutting their property. The Depews, abutting Part 3, have agreed to purchase Part 3, however, the other abutting property owners have declined. For convenience, the Works Department would prefer to close the entire laneway but do not anticipate a problem with partial closure and since the owners are anxious to complete the transaction, recommend that the closure and conveyance proceed according to Town Policy. Therefore, Part 2 would be conveyed to the McGuires at a cost of $300.00 and Part 3 conveyed to the Depews at a cost of $100.00, plus associated costs. In accordance with Town Policy, the proposal to close and convey the laneway was circulated to various utilities. Bell Canada has expressed a desire to retain permission to service a pole on this property and the owners have agreed to make the necessary arrangements through their solicitor. . . . .3 V/- 6 0 ) Page 3 Report No. WD-14-87 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 considering a similar closure occured as recently as 1985, it has been agreed that the cost of an appraisal would exceed the value of the land involved and with Council ' s approval , the value should be established using the same criteria as the previous closing. Based on 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 $400.00, plus costs. The application is made in accordance with Town Policy, therefore, it is recommended that it proceed on that basis. Respectfully submitted, Recommended for presentation to the Committee, r � Gordon J. Ough, P. Eng. , Lawrence Kotseff, Director of Public Works. Chief Ad inistrative Officer . :j co February 9, 1987. 1 V R 1 r)v 4 J T O PA it •• m m IB0106) 3t_ CON ✓ 3 T RE: E ?' m m , v a i m N 7 1 0 251 3011E m 67.821 _ t 149 16 11.88' 55.94' MEAS 9322'' -- 18 (1106) m N,W ANGIE lOT 7 WIT 3 94' S 94' N N A N M = P..-L-l� 8$9' uW. I 70RCH i 25.72, T $ a' N a LL h Z 4 / J 0 0 r y ' z J 0 0 / ? LL z 2 Ir f�� I e �•- 2� 6' 3 q 0 BELL oOIE L a 1801061WIT N71°25'301E 594' p ) 0 1 _ -.. ----J vii z ro o m Ln 0 v w z �� 4 n a. 0 0 y.9 : � o " PART ui I a z CL i � ! Iz•rs' y � `� � r �• 'ip SHED \Y 4 = c �� z — v iB11106) 61`\.11.x.11-y.1.V - x--j--XWIT y N a , w 1 � f� x 'E 7.10' m w 0: w • 0 FENCE •� a Oa. 3 -- CEO 1 r �� z • W`r w Z II: � `' ✓ v1 vNr 4. C 2 I o I =ro +1 +r 0 U E 2 901 z FENCE p j6U106)WIT 17350' S.X.ANGLE E0T 6 X X r' S8 85 N710 21 101 E MEAS. 90 -N71'z3'30"E 9.00' t a� ro INST, N4 �o N 2 5 5 1 8 3 �1 cj A. 1 � � A • I V' (G P.O.BOX 357 BARRISTERS AND SOLICITORS 43 ONTARIO ST. BOWMANVILLE,ONTARIO L1C 3Lt PHONE(416)623-7744 IRWIN A HAMILTON B.COM.,L.L.B. PAUL L BELLEFONTAINE B.A.LL.B. November 5, 1986! 86 Town of Newcastle, TO', Planning Department, ; F''" RKS D Hampton, Ontario. LOB 1JO Attention: Director of Public Works Dear Sir: Re: Application for Closure of Unnamed Lane We are enclosing'cheques for $125.00 for each of Stan and Myrna Maquire and John and Kathy Depew. Also enclosed is Plan 1OR-2332. You will note that the house being 7 Second Street sits on the laneway which belongs to the Town. This laneway has been occupied by abutting owners for years. However, only recently the Maquires attempted to purchase 7 Second Street but could not do so as the house sits on part of the roadway. We are aware of your policies and approach the Depews who are the neighbours to the West. The Depews consent to the closing and have agreed to pay one half of the cost. Therefore we are requesting that parts 2 and 3 on Plan 1OR- 2332 be closed, that Part 2 be conveyed to the Maquires and Part 3 to the Depews. Yours very truly, HAMILTON AND BELLEFONTAINE Per: IAH/lt Irwin A. Hamilton Encl. �j t vi (0- At BARRISTERS AND SOLICITORS i' "3\�4v P.O.BOX 357 '` J 1987 43 ONTARIO ST. 666 ¢¢ !'g BOWMA VILLE,ONTARIO L1C 2S4 xo � ®C N�WCl�SZt'E ONE(416)623-7744 IRWIN A.HAMILTON B.COM.,LL.B. PUBLIC WOKS (}EFT. PAUL L BELLEFONTAINE BA.,LLB. f U D January 15, 1987 Corporation of the Town of Newcastle Public Works Department Hampton, Ontario LOB 1JO Attention: Gordon J. Ough, P. Eng. Dear Sir: Re: Closing of Laneway, Parts 2 and 3 Plan 1OR-2332, Town of 'New(jastle Please be advised that Stanley Maguire, the purchaser of the Dalmer property, has approached the remaining 2 abutting owners, Mr— Johnson and Winters. Both have stated that they do not wish to purchase a portion of the Laneway. Therefore, please proceed with the application as applied for. Yours very truly, HAMILTON AND BELLEFONTAINE Per: ,>E IAH/as _( � )Irwin A. Hamilton