Loading...
HomeMy WebLinkAboutWD-34-84CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENG., DIRECTOR TEL. (416) 263 -2231 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 19, 1984. SUBJECT: MINISTRY OF TRANSPORTATION AND COMMUNICATIONS PURCHASE OF LANDS FROM THE TOM OF NEWCASTLE, AT THE SOUTHWEST QUADRANT OF HIGHVRY 35/115 AND THE CONCESSION VII ROAD IN KIRBY. uui►,10 VYzi; It is respectfully recommended: 1. That this report be received; and, 2. That approval be given to the Ministry of Transportation and Communication request for the acquisition of title to Part 10, Plan 1OR ®1697, aryl easement rights, in the name of the Kirby United Church, over Part II, Plan 1OR- -1697; and, 3. That the compensation by the Ministry of Transportation to the Town for said lands be $620.00; and, 4. That the Mayor and Clerk be authorized to execute the Property Purchase Agreement prior to June 28, 1984, as requested by the Ministry. ...2 Page 2 REPORT NO.: WD -34 -84 R KO Construction of an interchange by the Ministry of Transportation and Communications at Highway 35/115 and the 7th Concession of Clarke, in Kirby, requires certain lands, most of which were acquired previously by the Ministry. The Town owns lands at the southwest quadrant of this intersection and a small triangular parcel, Part 10, Plan 1OR- -1697, is required from this piece to allow for construction. The land is not a large piece, and will not depreciate the balance of the Town's holdings. Its value has been appraised by M.T.C. consistent with values established in the area. Accordingly, its sale, at a price of $620.00, is recommended to Council. In addition to this, through negotiations with the Kirby United Church, M.T.C. has made a commitment to construct an alternate access to the Church. To do this they require an easement, again over Town lams. Details of this proposal are contained. in Report WD- 78 -82, attached hereto. Since the Town has already agreed to this proposal, there should be little problem in finalizing it through the Property Purchase Agreement. Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco March 12, 1984. vt n� Ontario Ministry of Transportation and Communications Phone: 248 -3432 Property Section 2nd Floor 3501 Dufferin St. Downsview, Ontario 243h 1N6 The Town of Newcastle Mr. Ron Dupuis P. Eng. Director of Public Works Hampton, Ontario LOB 1JO March 8, 1984 Re: Lot 25, Con. 6 Town of Newcastle W.O. 7 -79 -02 Dear Mr. Dupuis: Enclosed please find a Property Purchase Agreement to be executed by the Town. Thank you for your attention to this matter. yours truly, L. Iacovino Property Agent oMinistry of Transportation and Communications Ontario PROPERTY PURCHASE AGREEMENT OF THE 25eall/ �9G dlL //I CA Si L�•' IN THE ii e,-- FOR INTERNAL USE ONLY CUR. ADV.0 EXPS.O W.O. No. ,x HWY. No. ,/ $ DIST. 7 R 9 GIONC 7 P. PLAN No. _ REC. APP. APP. APP. (Hereinafter referred to as "Owner(s) ") hereby agree to sell and convey to HER MAJESTY THE QUEEN in the right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario (hereinafter referred to as "The Minister ") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with, my /our land in the >o�e� /✓ dF TUJ .n S>L (Township. City. Town. etc) in the //>A L /-,- / D1 /RNA/! _ (County, District. Regional or District Municipality) being in :CUT 7.! G O/IJ (Lot, Block - Concession and Township - or - Registered Plan) shown as PART(S) rV on Ministry Plan P• �z39d 5P-5, in the Land deposited Registry Office as /Du/i 4) lax - 114y 7 For the sum of <' /X 6!clAy)o/". I) A lid) ) Dollars I T �S r�,yre)Fi4S >oiJp QA,'I) 4-'Ior ,O r'Nfrl' >i/� QFfDdf $u/7 /ir/GGwO� c Pi9Y/7h /v7 �h �',�afi Ua CaR »iS i9Q��df i'i�,v7iDi✓E".D GA.tJ,[�S r9N /� 79 "51-5 7.r/I /A) 1is/f 6XPBZ��R/ A > /O/t/ S �9C iy /-way,/ Qti r� �� l��L/�rJdrJG vF t� r R�SPD.✓s /� /Z 9y 7- 7 /S N�tJA t >voo �a/t //) fJdiCJF� /) 7f/�J 7//f CB�PPDePA7 /Dirt U� a.v/ >, /) -,g IT law> --0,4- a � y i s ya 44-1/v -IS 1?-? 7 /'UZ4ti 3 sa SBRW172 80-07 Continued on Page 2 — Page 2 — !/ f/D ? SiGd U /ifJL7 /�lR� E/J 7'f/�7 1f/� duJN/oR /s AJLV % Rhr iof.)5 d4C °11 i7 - dF W111 >1 J L /O�J AC'C/i /�T.- 5sir/C� /,�' �.S/ /S 9/'R�i /r/7ii�[/� 1.�� f7 /N /S7/i/S /_s_`�✓ —1 f, � (J) It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me /us and that the sum set out as the consideration in this agreement includes payment for any reduction in market value of my /our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE BY THE MINISTER OR HIS REPRESENTATIVE UP TO AND INCLUDING THE �h DAY OF 199"yand may be accepted by a letter delivered or mailed by prepaid registered post addressed to the Owner(s) and deposited in a post office on or before the aforesaid date. The Minister is to be allowed 30 days from the date of acceptance hereof to examine the title at the expense of the Minister. If within that time any valid objection to title is made to the Owners) which the Owner(s) is /are unable or unwilling to remove and which the Minister will not waive, this Agreement is to be null and void. '. THE SALE OF THE PROPERTY IS TO BE COMPLETED ON OR BEFORE THE R DAY OF .311N%z 199YUpon acceptance of this Agreement by the Minister or his representative, the Owner(s) agree(s) that the Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister, VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest, if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s) up to closing. Tenant(s), if any - /411 A Mortgagee(s), if any�w� All buildings and equipment, if any, on the real property shall be and remain at the risk of the Owner(s) until closing. The Minister does not require assignment(s) of the fire insurance. However, the Owner(s) agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owner(s) shall be the responsibility of the Owner(s). This Agreement, when accepted shall constitute a binding Contract of Purchase and Sale. The Owner(s) covenant(s) and agree(s) with the Minister to do nothing, after the execution of this Agreement by the Owner(s) and while this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and /or money may be made upon the Owner(s) or the Owner(s) solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque. I /We hereby acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and Communications and I /We understand that this Agreement shall not bind the Minister of Transportation and Communications until accepted in writing by or on behalf of the Minister of Transportation and Communications. DATED at this day of Witness 19 NORTHUMBERLAND Q DURHAM BOARD OF EDUCATION A Is A, 50 ( pa,,,e KIRBY 45 % C.R. COCHRANE �m EAS= M T - 6 T 25 i I $I a r m 4 N m m 0 _ V IS 1 86r Ir. S y p v A 0 T r m �i V � 2 m m O I A,ph -- x7s I G. E. CHIIY 1 zr�e i I UNITED CHURCH A. DILLON I OF CANADA — - O wr T / 8 1 0 f 1:1.40 x W.J.9 R.P. REID I D.C. TAYLOR _ o — — — 0 I I I :r5 I OI C I I( I J1. I I 11. /IeN 11'tl I � / I I P•2.)9J -7I se _�— �7... - - -- u — BARRIER MEDIAN , fIT TO EXISTING 0 n s r O + N Ixcao Ap yew — 1 -- - - -•�r es — 'i TL 22.5 2 3 CLOSE E 1 1 ( e? W 27! IV? the P.5 d A , 1.o I I W f j pO N 1A��c — RELOCATED ORIVEWAY� 1 JJ�OF r _ wr _ n -- — 10 34S br v' A DHO OM O o E.R. BRYSON . 632 -70 It A -6 • )) safe t 1 cr t« I �11 Y I �s s s 0 o P O r Qa u m m scum R. H Y. I O�J. . p o e,e 0 n s r O + N Ixcao Ap yew — 1 -- - - -•�r es — 'i TL 22.5 2 3 CLOSE E 1 1 ( e? W 27! IV? the P.5 d A , 1.o I I W f j pO N 1A��c — RELOCATED ORIVEWAY� 1 JJ�OF r _ wr _ n -- — 10 34S br v' A DHO OM O o E.R. BRYSON . 632 -70 It A -6 • )) safe t 1 cr t« I �11 Y I �s s CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENG,, DIRECTOR TEL. (416) 263.2231 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 27, 1982. REPORT NO. SUBJECT: RECOMMENDATION: R� ACCESS TO KIRBY UNITED CHURCH. (IMPROVEMENTS TO HIGHWAY 35/115) It is respectfully recommended: 1. That this report be received, and; 2. That a certified copy of a resolution be provided to the Ministry of Transportation & Communications indicating that the Town of Newcastle agrees to provide a six -meter easement over lands owned by the Town for the purposes of providing access to the Kirby United Church, and; 3. That all survey and legal costs associated with the said easement be borne by the Ministry of Transportation & Communications, and; 4. That the Agreement for the said easement clearly stipulates that the Town of Newcastle will not be responsible for the maintenance of any road or driveway constructed on it, and; 5. That a copy of Report WD- 78 -82, and the certified resolution, be forwarded to Mr. V. Mitranic, Senior-Project Manager, Ministry of Transportation & Communications, for further action. REPORT: Attached is a plan which indicates an easement being requested by the Ministry of Transportation & Communications. The Town is in WD -78 -82 - 2 - possession of the lands by virtue of an exchange to accommodate the relocation of the Kirby General Store. The Kirby United Church presently has access to and from all directions, via Highway 35/115. The reconstruction of the highway will restrict this access to right -turn entrance from the north and right -turn exit to the south; a barrier will preclude the option for any other turning movements. To compensate for this, the Ministry has negotiated an access to the Church from the rear, over the easement requested. As the recommendations of this report preclude future obligations on the part of the Town, the easement should be granted to the Ministry. September 14, 1982. RGD:vh Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. �N t UV Ontario Ministry of Transportation and Communications Mr. R.G. Dupuis, P.Eng., Director of Public Works Municipal Office, Hampton, Ontario. LOB 1JO RE: Access to Kirby United Church, Town of Newcastle Regional Municipality of Durham W.P. 7 -79 -02 Dear Mr. Dupuis: SEP y t 'V—', � �d) Telephone: 224 -7564 Planning and Design, Central Region, 5000 Yonge Street, Willowdale, Ontario. M2N 6E9 September 1, 1982. As you suggested in our previous correspondence, and as agreed at the meeting in Kirby of 1982- 08 -19, we are now officially asking the Town of Newcastle to provide a six -metre easement for the access to Kirby United Church. The access will be a part of a contract for the improvements to Highway 35/115. A xerox copy is enclosed showing the proposed easement. We thank you for your cooperation. Yours truly, V. Mitranic, P.Eng., Sr. Project Manager, for J.G. Celmins, P.Eng., JGC/VM /n Area Engineer - Design. Encl.