HomeMy WebLinkAboutWD-58-84vii - 4
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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 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�',i�(.
land.
Page 2
REPORT NO. WD -58 -84
4 (C)
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
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,
4.1. Dupuis, . Eng.,
Director of Public Works.
RGD:jco
May 29, 1984.
E7 ROAD
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BARRISTERS AND SOLICITORS
IRWIN A. HAMILTON B.COM.. LL.B.
PAUL L BELL[FON.TAINE B.A.. I.L.B.
April 27, 1984
Corporation of
the Town of Newcastle
Attn: David W. Oakes
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Sir:
TOWN OF NEWcAsni
PUBLIC WORKS DEPT:
P.O. BOX 357
43 ONTARIO ST.
BOWMANVILLE. ONTARIO LIC 2S4
PHONE (416) 623.7744
Re: Lloyd Down - Public Road,' Part of Lot 30,
B.F. Concession, former Twp Darlington
Your File No. 77.44.132
YLZ , I .�
APR ,i o 1984
I have your letter of April 24, 1984. I agree with
the first four points indicated in your letter but do not wish
to go to this expense unless my client receives some confirmation
that he-will not have to pay anything for land value. The
reason for this is that there is a good chance that this so- called
public or forced road has never in fact vested in the Town of
Newcastle. As stated in my earlier letter we could prove that
since 1919 the property has never been used as a road and all
indications are that there never were any houses constructed along
this road and the road proceeds to a spot North of Lake Ontario
and stops.
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 unacceptable to Mr. Down.
It is our position that the Town may not have an interest in this
property but in order to clear the title of Mr. Down we do in fact
require some form of conveyance. Accordingly, we are willing to
comply completely with the first four - points indicated in your
letter but would want some assurance from you that the release of
the Town would be without consideration in so far as land value is
concerned.
Continued...2/
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.
Yours very truly,
HAMILTON AND BELLEFONTAINE
Per:
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Irwin A. 4iamilton
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DIBTRIBBTION
CLERK............ ............ ......
ACK. BY ........ ........................
ORIGINAL TO: ........................
COPI�S TO:
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