HomeMy WebLinkAboutWD-73-847 7, 4 30 k —V1 �o C
PUBLIC WORKS DEPARTMENT
HAMPTON, ONTARIO
LOB 1J0
R. DUPUIS, P. ENG., DIRECTOR
TEL. (416) 263 -2231
987.5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 4, 1984.
REPORT NO.: WD -73 -84
SUBJECT: CLOSURE AND CONVEYANCE OF A PORTION
OF LORD ELGIN STREET ACCORDING TO
C.G. HANNING'S PLAN OF PART LOT 12 IN
CONCESSION 2, OF THE FORMER TOWN OF
BOWMANVILLE, PART 4, PLAN 1081866.
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That the unopened portion of Lord Elgin Street
according to C.G. Hanning's Plan of Part of Lot 12 in
Concession 2, of the former Town of Bowmanville, more
specifically described as Part 4, Plan 1OR1866, be
closed by by -law and conveyed to -the abutting owners;
and,
3. That the value of Part 4, Plan 10R1866 be established
at $14,000. per acre being the price recently paid for
the abutting lands; and,
4. That staff be authorized to complete the procedure
for closure and conveyance of this road allowance in
accordance with Town Policy.
Page 2
REPORT NO. WD -73 -84
REPORT:
The matter of the closure and conveyance of unopened Lord
Elgin Street north of Lord Elgin School in Bowmanville was
dealt with by Council as long ago as 1979. At that time
there was some question as to the legal existence of the
road allowance, however, since that time, through research,
the existence of the road allowance has been generally
agreed upon. In any event it has been decided that the most
conclusive method of dealing with the road allowance would
be through closure and conveyance by the Town.
At the time, in 1979, when the matter was being considered
by Council, a value of $22,000 per acre was established
through appraisal. One of the sales upon which that
appraisal was based was a former sale of the lands recently
purchased by the present applicant. However, the more
recent purchase was on the basis of about $14,000 per acre.
Due to fluctuation in the market value of lands as evidenced
by the recent sale, it does not seem unreasonable to
l
establish the value of the road allowance at $14,000. /acre.
The road allowance has an area of about .78 acres resulting
in a sale price of $10,920.
....3
Page 3
REPORT NO. WD -73 -84
In the attached letter from the applicant it is indicated
that the value of the Lord Elgin Street road allowance
should be reduced by fifty percent (50 %) to account for the
questionability of the existence of it over the years. In
fact, during preliminary discussions with the applicant's
lawyer prior to the recent purchase, the matter of closure
and conveyance and appraised value was discussed, therefore,
the applicant should have been aware of at least the
existence of the road allowance. Council may, however, wish
to give some consideration to the applicant's request for a
reduced price and direct staff accordingly.
The road allowance will not likely ever be opened by the
Town and is of more value to the development lands
surrounding it. It is, therefore, recommended that it be
closed and conveyed in accordance with Town Policy.
Respectfully submitted,
R.G. Dupuis, Eng.,
Director of Public Works.
RGD:jco
Attachment
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BOWMANVILLE
Corporatim of the To�.n of Newcnr
I.y4 - Ostia
AUG ,9 1
UWARIANNA DEVELOP IVI N Of NL� ' 84
Division of Veltri & Son Limited PUBLIC WORKS DE
Builders and Coniraciors of Fine Custom Ilnme..r 1038 Pine tree C:Ou
Oshawa, Ontario
L1K 1P4
686 -3643 623 -4172
Ron Dupuis, P. Eng.
Department of .Public Works
Town of Newcastle
Hampton, Ontario
Dear Sir:
August 20, 1984
RE: Application for Closure of Part of
Lord Elgin Street, Part 4, Plan 10R1866
Bowmanville. Ontario
Enclosed please find a copy of Agreement of Purchase and Sale for Part of Block
11, C.G. Hanning's Plan being part of Lot 12, Concession 2.
Due to a technical defect and ambiguity in the Town of Bowmanville Plans, the
Vendors believed they owned 5.715 acres ( some plans show Lord Elgin Street, other
plans do not show the street at all.)
It is felt by the writer that the value of the lands within the unopened Lord
Elgin Street should be reduced by 5016 to account for the fact that these lands,
have in essence been conveyed and thought to be owned for approximately 14
years and formed part of the consideration in previous transactions.
Very truly yours,
VELTRI SON T
Mario Veltri
President
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PETITION
For the closure or closure and conveyance of the
Municipal Road Allowance or Right -of -Way located:
In/Between A- A., ✓ ✓
�(�-) /�. In �$)_ Z in the (former)
C3rAt� Lii./6Tcy i./
�_. of now in the Town of Newcastle.
and/sr- being
l7A2 % c�' G/./Jiy=moves p ..
i-offs) °� ` `� „� `E r In/Between BLOCK(S) :> ; in the (former)
Tee w "i
(Town /Village) of L�,�,, ,�,, ,now in the
Town of Newcastle, and more particularly described as
PART(S) 41- PLAN NO: / c�)
We the undersigned, being lawful owners of property abutting the above road
allowance, do hereby petition the Council of the Corporation of the Town of
Newcastle to close same, by by -law, and convey the lands thus gained, in
accordance with the terms and conditions of The Municipal Act, Section 301,
Chapter 302, R.S.O. 1980.
We hereby agree that, upon Council approval of this petition, we will
register the Plan of Survey and will accept the responsibility for any costs
involved in finalizing any and all transactions, as apportioned by the Town
in accordance with the size of the parcels of land to be gained.
This Petition is accompanied by a cheque in the amount of $250. 00 (Two
Hundred & Fifty Dollars) (non - refundable) and we further agree to pay the
sum of $250. 00 (Two Hundred & Fifty Dollars) to the Town of Newcastle upon
completion of the transactions, for the administration of this petition.
Dated this Z1114 ` day of "�4 e__ 'y- , 19811/—and signed by:
Owner in Title of Property Location Abutting Parts of Plan
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ORIGINAL APPLICANT: (Please print)