HomeMy WebLinkAboutWD-78-90 ""u""°y TOWN OF NEWCASTLE
REPORT
File # . f
Res. #
By-Law #
(STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: SEPTEMBER 4, 1990
REPORT #: WD-78-90 FILE #:
SUB,ECT: BY-LAW TO AMEND BY-LAW 89-63
RE: CLOSURE AND CONVEYANCE OF CLAR]KE STREET
PART 2, PLAN 1OR-3009, LOT 27, B.F.C. , NEWCASTLE VILLAGE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-78-90 be received;
2 . THAT a by-law be passed to amend By-law 89-63 deleting all
reference to "conveyance" of the lands closed by By-law 89-63; and
3. THAT Euroamerican Agricorp Ltd. be advised of Council's decision.
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REPORT
1.0 ATTACHMENT
No. l: Report WD-30-89
No.2: By-law 89-63
No.3: By-law to Amend By-law 89-63
2.0 BACKGROUND
2 . 1 Application for closure and conveyance of the unopened road
allowance known as Clarke Street in Lot 27, B.F.C. , Village of
Newcastle was received August 24, 1988 .
2 .2 Report WD-30-89 recommended closure and conveyance and Council
passed By-law 89-63 (Attachment No. 1) at its meeting of April 10,
1989, authorizing the road closure and conveyance to Euroamerican
Agricorp Limited at a selling price of $32,700 plus all costs.
f
REPORT NO. : WD-78-90 PAGE 2
2 .3 On October 25, 1989, all documents were forwarded to Euroamerican
Agricorp Limited by the Town's solicitor requesting payment prior
to execution of the documents .
2 .4 The applicant requested two time extensions which were granted, the
final date being May 30, 1990.
2 .5 To-date, payment has not been received and the applicant has
advised, verbally, that the existing market conditions have forced
them to reconsider their Offer to Purchase.
2 . 6 An invoice in the amount of $1074.00 has been issued to the
applicant to cover advertising, legal and administration costs.
3.0 RECO)MNDATIONS
3. 1 That a by-law be passed to amend by-law 89-63 deleting all
reference to "conveyance" of the lands closed by By-law 89-63.
3 .2 That Euroamerican Agricorp Ltd. be advised of Council's decision.
Respectfully submitted, Recommended for presentation
to the Committee,
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- - ------------------
Walter A. Evans, P.Eng. , Lawrenc Kotseff,
Director of Public Works Chief 'nistrative Officer
JCO*WAE*llv
August 20, 1990
Attachments
Euroamerican Agricorp Ltd.
3140 Bayview Avenue
Toronto, Ontario
M2N 5J4
Attention: Daniel Lang
10 (d)
TOWN OF NEWCASTLE
REPORT
File #
Res. #
j
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: FEBRUARY 6, 1989
REPORT #: WD-30-89 FILE #:
SUBJECT: REQUEST FOR ROAD CLOSURE AND CONVEYANCE
CLARKE STREET,, FORMER VILLAGE OF NEWCASTLE
BETWEEN BLOCKS 'K' AND 101
C.G. HANNING's PLAN, LOT 27, B.F.C. (SHOWN AS PART 2, PLAN 1OR-3009)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to council the following:
1. THAT Report WD-30-89 be received; and
2. THAT the unopened portion of Clarke Street in Part of Lot 27, B.F.C.,
being that portion of Clarke Street lying between Blocks 'KI and 101
according to Hanning's Plan of lots in the Village of Newcastle,•
Town of Newcastle, (Shown as Part 2 of Plan 1OR-3009) be stopped up, closed
--and-ponveyed to Euroamerican -A-gri 0
-c rp-Limited.__ _(Attachment_�No. -1)_
3. THAT the value of-said lands be established at $16,000 in accordance
With the- land appraisal prepared by Property Valuators and Consultants Ltd.
on behalf of Euroamerican Agricorp Limited; and
4. THAT staff be authorized to complete the procedure for closure and conveyance
in accordance with Town Policy; and
5. THAT Daniel Lang of Euroamerican Agricorp Limited, 67 Berkeley Street,
___.Torqnto_, QP=t_4_r"o __MA_2WS_,__be_._advised--of-cmm.ci-1!s-deciz-1-on-i
ATTACHMENT NO, I
WD-78-90 . . .2
Page 2
WD-30-89
REPORT
1.0 A petition from Euroamerican Agricorp Limited has been received for the
closure and conveyance of the unopened portion of Clarke Street lying
between Blocks 'K' and 10' according to Hanning's Plan of the lots in
the Village of Newcastle.
1.1 The applicant has fulfilled all requirements of the Town's Policy and
Procedure for the subject site.
2.0 DESCRIPTION .
2.1 The subject site has 66 feet of frontage on the east side of Mill Street
and extends 396 feet to the western edge of the unopened road allowance
known as Manvers Street (see Attachment No.2) .
2.2 The topography is mostly level with mature trees and there is an older
frame dwelling situated on the western portion of the property. This
building site is an illegal non-conforming use and is not included in the
appraised value.:
2.3 Services to the property include hydro, telephone and water.
3.0 ZONING
3.1 The subject property is zoned Rural Cluster Exception (RC-1) on the west
side of the property and the remainder is Agricultural Exception (A-1)
Zone, according to the Town's Zoning By-law #k84-63.
3.2 The existing zoning by-law would not permit development of the subject
site. The most logical use is as add-on or contributory land to the
adjoining lands.
X79
Page 3
WD-30-89
3.3 RC-1 Zone requires a minimum lot area of 2500 square metres and minimum
frontage of 50 metres.
4.0 HIGHEST AND BEST USE
4.1 The road allowance site divides the entire property and the part fronting
on Mill Street is central to an economically feasible development of the
entire property.
4.2 The land north and south of the property is vacant, undeveloped land.
The addition of the western portion of the subject site to the vacant
lands adjoining provides the entire parcel with the ability to create
an additional lot with 50 metres of frontage.
5.0 VALUE OF LAND
5.1 The value of the land established by Property Valuators and Consultants
was determined as follows:
The square footage of the entire property including Blocks K and 0 and,
the road allowance is 235,224. The price is $295,000 or $1.25 per
square foot. The subject site contains 26,136 square feet for a total
gross value of $32,700 . Adjustments are made such as cost of acquisition,
_ appraisal fees., etc. to determine the Net Adjusted Value and subsequently
the market value.
5.2 The calculations are set out as follows:
Gross Value $32,700
- Adjustments:
Costs @ 20% $6,500
Developer's profit 6,500
Risk and excess land 3,300
Total adjusted:•value 16000 Net adjusted value $16,400
The market value of the subject property as if vacant, as of
October 19, 1988, is, therefore estimated as $16,000. (rounded)
Page 4
WD-30-89
6.0 SUMMARY
i
6.1 The applicant has satisfied all the conditions for road closure and
conveyance in accordance with Town Poicy.
6.2 The Public Works Department has determined that the road allowance is
not required by the municipality as part of the Town's road system.
6.3 The value of the lands established by Property Valuators and Consultants
seems reasonable particularly since the parcel of land (road allowance)
on its own can not be developed under the present zoning regulations. If
the said road allowance were conveyed and joined the abutting lands under
one title, one lot would be created 180.4 metres in frontage by 120 metres in
depth, and subsequently three lots could be severed.
7.0 RECOMMENDATION
7.1 It is, therefore, recommended that as the land is of no foreseeable use -
to the Town, and since conveyance will free the Town from any future
responsibility, closure and conveyance is recommended in accordance
with Town Policy.
Respectfully submitted, Recommended for presentation
to the Committee,
'k
1
Walter--A.-Evans,--P:--Eng_.j-----.�______�wrence- tseff — —
Director of Public Works. Chief Admini trative Officer.
JCO:lly
January 24, 1989
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WD-30 8
THE CORPORATION OF THE TOWN OF NEWCASTLE
I
BY-LAW 89-63
i
being a by-law to stop-up and close and to
authorize the sale of that portion of the
unopened road allowance, described as road
allowance being formerly Parts of Lot 27,
Broken Front Concession and that portion of
Clarke Street between Blocks K & O, Hanning's
Plan, Village of Newcastle, Town of Newcastle,
designated- as Part 2, Plan 10R-3009.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it desirable to pass this by-law;
AND WHEREAS notice of intention of the Council of the Corporation
of the Town of Newcastle to pass the said by-law in accordance
with the requirements of Section 301, Chapter 302 of the Municipal
Act, R.S.O. 1980, was published in the Canadian Statesman and the
Newcastle Independent on March 15th, March 22nd, March 29th, and
April 5th, 1989;
AND WHEREAS notice of the intention of Council to pass this by-law
was sent by Registered Mail to the Regional Municipality of Durham
on the 8th day of March 1989, and the Regional Municipality of
Durham granted approval to the proposed by-law by letter dated
the 5th day of April 1989.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW
OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS:
1. Part of that portion of the unopened road allowance described
as Part of Lot 27, Broken Front Concession and that portion
of Clarke Street between Blocks K & Q, Hanning's Plan, Village
of Newcastle, Town of Newcastle, hereinafter described is
hereby stopped up and closed;
ALL AND SINGULAR THAT certain parcel or tract of land and
premises situate, lying and being in the Town of Newcastle,
Regional Municipality of Durham, Province of Ontario, and
being composed of the unripened road allowance, according to
C.G. Hanning's Plan of lots in the Village of Newcastle, Town
of Newcastle, more particularly described as Part 2,
Plan 10R-3009, deposited in the Land Registry Office for the
Registry Division of Newcastle (No. 10) , on August 22nd, 1988,
2. All those portions of the unopened road allowances hereinafter
described shall be conveyed by the Corporation of the Town of
Newcastle.
By-law read a first and second time this 10th day of April, 1989.
By-law read a third time and finally passed this 10th day of
April, 1989.
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MAYOR
ATTACHMENT N0, 2
WD-78-90
�r.rrax �
CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO.
Being a by-law to amend By-law 89-63, being a by-
law to stop-up and to authorize the sale of that
portion of the unopened road allowance, described
as road allowance being formerly Parts of Lot 27,
Broken Front Concession and that portion of Clarke
Street between Blocks K and 0, Hanning's Plan,
Village of Newcastle, Town of Newcastle, designated
as Part 2, Plan 1OR-3009.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it desirable to pass this by-law;
AND WHEREAS notice of intention of the Council of the Corporation of the
Town of Newcastle to pass the said by-law in accordance with the
requirements of Section 301, Chapter 302 of the Municipal Act, R.S.O.
1980, was published in the Canadian Statesman and the Newcastle
Independent on March 5th, March 22nd, March 29th, and April 5, 1989;
AND WHEREAS notice of the intention of Council to pass this by-law was
sent by Registered mail to the Regional Municipality of Durham on the
8th day of March 1989, and the regional Municipality of Durham granted
approval to the proposed by-law by letter dated the 5th day of April
1989.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWN OF NEWCASTLE AS FOLLOWS:
1. That By-law 89-63 be amended by deleting all reference to
"Conveyance" of the lands closed by By-law 89-63.
BY-LAW read a first time this day of 1990.
BY-LAW read a second time this day of 1990.
BY-LAW read a third time and finally passed this day of 1990.
MAYOR
CLERK
ATTACHMENT N0, 3
WD-78-90
1035