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Home My WebLink AboutWD-38-88 TOWN OF NEWCASTLE J r REPORT Fiie # -�I �• Res. # -� By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: JUNE 6, 1958 REPORT #: WD-38-88 FILE #: SUBJECT: CLOSURE AND CONVEYANCE OF THE MUNICIPAL ROAD ALLOWANCE KNOWN AS HUNT STREET, IN THE FORMER TOWN OF BOWMANVILLE, TOWN OF NEWCASTLE BEING PART OF LOT 11, B.F. CONCESSION ACCORDING TO WILSON ARMOUR MEARNS PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i 1. THAT this report be received; and i I i 2. THAT the unopened portion of Hunt Street in Lot 11, B.F. Concession, Wilson Armour Mearns Plan, former Town of Bowmanville, more specifically described as Part 7, Plan 1OR-2532, of the unregistered plan, be closed and conveyed to Bowbrook Investments Limited. 3. THAT the value of said lands be established at $13,500.00 in accordance with the land appraisal prepared by Central Ontario Appraisals on behalf Bowbrook Investments Limited. 4. THAT staff be authorized to complete the procedure for closure and conveyance of this road allowance in accordance with Town policy. 5. THAT Robert H T Mr. R ert E. Dale of Woolley, Dale & Dingwall, Barristers and Solicitors, Commercial Union Tower, Toronto Dominion Centre, Suite 2000, P.O. Box 65, Toronto, Ontario, M5K 1E7, be advised of Council's decision. . . .2 f PAGE 2 WD-38-88 REPORT A petition from Bowbrook Investments Limited has been received for the closure and conveyance of the unopened portion of Hunt Street in Lot 11, B.F. Concession, Former Town of Bowmanville. The applicants and their solicitors have been advised of Town Policy on such matters and have complied with all the necessary steps todate. The subject property is located on the south side of Baseline Road and consists of a sixty-six (66) foot strip of land which crosses through a parcel of land owned by Bowbrook Investments. The strip however has for many years, been used in conjunction with the adjoining lands, to the extent that the building on those lands encroaches onto the subject strip from both sides, and in fact, one area, the buildings actually cross that strip. Accordingly, the subject road allowance in affect, forms an integral part of the overall property. The property contains an area of 1.04 acres according to survey. The official plan for the Town of Newcastle designates the subject site major open space and this open space designation also f permits only low density, low intensity uses. Zoning By-law 84-63 for the Town of Newcastle designates the subject property EP-Environmental Protection and this zoning designation confirms the land uses permitted by the major open space use designation. In addition to the foregoing municipal land restrictions, the subject property is located within the flood plain of the Bowmanville Creek, as determined by the Central Lake Ontario Conservation Authority. C.L.O.C.A., then, controls development within the area designated flood plain and generally will not permit any placement of fill or any new development in that area. . . .3 i PAGE 3 WD- --88 It has further been determined that this road allowance has no potential with respect to the Towns' transportation network, therefore, its only value is that of additional holdings to the applicants. As the land is of no foreseeable use to the Town, and since conveyance will free the Town from any future responsibility for the land, closure and conveyance is recommended in accordance with Town policy. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P. Eng., Lawrence otseff, Director of Public Works. Chief Ad in strative officer. 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We hereby agree that, upon Council approval of this petition , we 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 and Fifty Dollars) ( non-refundable) and we further agree to pay the sum of $250. 00 (Two Hundred and Fifty Dollars) to the Town of Newcastle upon completion of the transactions, for the administration of this petition . Dated this 10th day of June, 1987 and signed by: Bowbrook Investments Limited as the owner of all lands on both sides of that part of Hunt Street being closed being Parts 5 and 6 on the said Plan 10R-2532 . Bowbrook Investments LJ mited Per : P E T I T I O N For the closure and conveyance of part of the Municipal Road Allowance known as Hunt Street : Between LOTS 25 to 38 and 52 to 65 , Wilson, Armour and Mearnes Plan in he former Township of Darlington now in the Town of Newcastle, and being more particularly described as PART 7 , PLAN 1OR-2532 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 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 and Fifty Dollars) (non-refundable) and we further agree to pay the sum of $250. 00 (Two Hundred and Fifty Dollars) to the Town of Newcastle upon completion of the transactions, for the administration of this petition. Dated this 10th day of June, 1987 and signed by: Bowbrook Investments Limited as the owner of all lands on both sides of that part of Hunt Street being closed being Parts 5 and 6 on the said Plan 10R-2532. Bowbrook Investments Limited Per: