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Home My WebLink AboutWD-66-84Q CORPORATION OF THE TOWN OF NEWCASTLE 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 JULY 3, 1984. REPORT NO.: WD -66 -84 SUBJECT: SUPPLEMENTARY REPORT ON THE CLOSURE AND CONVEYANCE OF A FORCED ROAD IN LOT 30, BROKEN FRONT CONCESSION (FORMER DARLINGTON) BETWEEN BASELINE ROAD AND HIGHWAY 401. RECOMMENDATION: It is respectfully recommended: 1. That staff be directed to either: a) Proceed on the basis of the recommendations of Report WD- 58 -84, attached hereto, which establishes the value of the subject road allowance in accordance with an appraisal accepted by Council in July 1979, OR Al ....2 Page 2 REPORT NO. WD -66 -84 REPORT: Report WD -58 -84 was recently presented to Committee, and after considerable discussion of the value of the road allowance in question, staff was directed to discuss the matter further with the proponent or his solicitor. This was done with the result that the solicitor advised that his client did not feel that any charges for the land comprising the forced road allowance was justifiable. The basis for this position was that he felt that there was a good change that the forced road has never vested in the Town or its predecessor municipality. There is no evidence that public funds were ever spent to open the road or, in fact, that the road was ever used for travel. The above may be the case, but, the Town has many such roads of similar status. Council must, therefore, be extremely cautious in dealing with this situation so that it is not inconsistent with the methodology employed in previous closures and conveyances or does not set a pattern for the future. Respectfully submitted, 4.1 /15/P R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco June 21, 1984. Enclosure CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENG., DIRECTOR TEL. (416) 263.2231 987.5039 j REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 4, 1984. REPORT NO.: WD_58_84 SUBJECT: CLOSURE & CONVEYANCE OF A FORCED ROAD IN LOT 30, BROKEN FRONT CONCESSION (FORMER DARLINGTON) BETWEEN BASELINE ROAD &,HWY. 401. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That Mr. Irwin Hamilton be advised that the Town of Newcastle will adhere to the values established through an appraisal report accepted by Council in July, 1979, as compensation for conveyance of the Forced Road - Allowance in Lot 30, of the Broken Front Concession, former Township of Darlington (Down). REPORT: The road allowance depicted as a Forced Road on the attached plan is not part of the original survey of the Former Township of Darlington. From information available it would seem that a road has never been located on this 33 foot road allowance, that public funds have not been spent to either_. open or maintain it, and that for many years the abutting property owners have used it for access and performed activities such as grass cutting, brushing, etc., on the land. Page 2 REPORT NO. WO -58 -84 Therefore, it does not seem unreasonable to assume that the forced road allowance is of limited value to the municipality especially since it dead -ends at Highway 401. As early as May, 1978, one of the abutting owners requested closure and conveyance of the Forced Road. The road closing procedure which existed at that time was commenced and an appraisal of the land was secured. From the appraisal, land values as follows were established. For the road allowance adjacent to the two residential lots, a nominal amount of $350.00 for the half of the road allowance adjacent to each was recommended. However, the area in question is designated industrial in the Town's planning documents, therefore, the agricultural lands at the southerly end of the forced road could ultimately be added to an industrial holding. Thus their value was established at $7,500.00 per acre. Based upon these recommendations, the following were recommended as appropriate property values: a) Lloyd Down (0.056 acres) $ 350.00 b) Frank Sanderson (0.076 acres) 350.00 C) Margaret Down (0.176 acres) 1,320.00 d) Harold Osborne (0.159 acres) 1,190.00 The above is not an unreasonable approach and is consistent with the Town's policy and past practices with respect to closure and conveyance of road allowances considered surplus to the Town's needs. ...3 i Page 3 REPORT NO. WD -58 -84 However, in the attached correspondence, Mr. Irwin Hamilton, representing Mr. Lloyd Down, is requesting alternate consideration in this case due to the fact that this is a forced road and is of no use to the Town. If Council concurs with this position, a nominal value of $1,000.00 per acre could be established for all parts of the road allowance. This would result in costs as follows: a) Lloyd Down (0.056 acres) $ 56.00 b) Frank Sanderson (0.076 acres) 76.00 C) Margaret Down (0.176 acres) 176.00 d) Harold Osborne (0.159 acres) 159.00 In considering this request, Council should bear in mind that most road allowances closed and conveyed by the Town have similar circumstances surrounding them and deviation from Town Policy in this case could adversely impact on other situations. A definite recommendation for adherence to the prices established through the appraisal report is being made in this report, however, an alternative is being presented for Council's consideration. Respectfully submitted, 45.G. Dupuis, Eng., Director of Public Works. RGD:jco _ May 29, 1984. 0 Ot U) 0 AP , S, X464' f 6�1 o Fa E, tD ROAD 09-08 I f —. CA) G a 0 V) m C) 14&5c' a 0 V) C) ri a 0 V) BARRISTERS AND SOLIGTORS MtWN, A. HA>41lTON ECOM- LLa. 'A'& L -LL- ,- grANfE e.l lL,. April 27, 1984 J if Corporation of the Town of Newcastle Attn: David W. Oakes 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sir: 6C- TOWN OF NEWCASrU PUBLIC wORKS DEPT P.O. Box 337 43 ONTARIO ST, BOWMANVILLE ONTARIO LIC 2S4 PHONE 14161 623 -7744 (11 U APR 3 4 1984 CI L.` ,.. Re: Lloyd Down- public Road,, Part of Lot 30, B.F. Concession, former Twp Darlington Your File No. 77.44.132 I have your letter of April 24, 1984. the first four points indicated in I agree with to go to this expense unless my client rreceives bsome oconfiriah that he-will not have to pay anything for land value. The reason for this is that there is a good chance that this confirmation Public or forced road has never in fact vested in the Town o called Newcastle. As stated in my earlier letter we could of since 1919 the property has never been used as a road r and all indications are that there never were any houses constructed this road and the road proceeds to a spot North of Lake Ontario A number of years ago Mr. Down was speaking to the then Director of Public Works who indicated that the land value would be $7,500.00. This is completely It is our position that the Town may not uhaveeanainterest in own. Property but in order to clear the title of Mr. Do t in this require some form of conveyance. 'Accordingly, comply Down we do in 'fact p y completely with the first four g y' we are willing to letter but would want some assurance from you that the the Town would be without considerati points indicated in your ,ncerned. on in so far as land lvalueois Continued ... 2/ c> Accordingly, we would appreciate it if this matter could be taken up with members of Council prior to us going to the expense of a formal reference plan and the Deposit. IAH: LB Yours very truly, HAMILTON AND BELLEFONTAINE Per: % - i Irwin A.tiamilton r DI°TRIS TION CLERK-M- ACK. BY ORIGINAL TO:_..._`_________ CONES TO: /I -- FILE.... �.2..:.`..`........:j„�